20051021Application.pdf

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Dean J. Miller (ISB No. 1968)
MCDEVITT & MILLER LLP
420 West Bannock Street
O. BOX 2564-83701
Boise, Idaho 83702
Tel: [phone]
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ORIGiNAL
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. UWI-OS-
IN THE MATTER OF THE APPLICATION
OF UNITED WATER IDAHO INC., TO
AMEND AND REVISE CER TIFI CA TE OF
CONVENIENCE AND NECESSITY NO 143
APPLICATION and REQUEST FOR
MODIFIED PROCEDURE
COMES NOW, UNITED WATER IDAHO INC., hereinafter referred to as
Applicant" or "United Water" and, pursuant to Idaho Code Section 6 1-526 and IPUCRP 112
and 201 , applies to the Commission to amend and revise its Certificate of Convenience and
Necessity No. 143, as amended, to include areas located in Ada County and Canyon County,
Idaho, as hereinafter set forth, and in support of this Application respectfully shows as follows
to-wit:
Applicant is a public utility water corporation within the meaning of the Idaho Public
Utility Law, is dilly organized and existing under the laws of the State of Idaho and engaged in
conducting a general water business in and about Boise City, Ada County, Idaho and in Canyon
County, having its principal office and place of business at 8248 West Victory Road, Boise
Idaho 83707.
APPLICATION and REQUEST FOR MODIFIED PROCEDURE - 1
II.
Communications in reference to this application should be addressed to:
Gregory P. Wyatt
UNITED WATER IDAHO INC.
O. Box 190420
Boise, Idaho 83719-0420
208-362- 7327
208-362- 7069 (fax)
Dean J. Miller, Esq.
MCDEVITT & MILLER LLP
O. Box 2564
Boise, Idaho 83701
208-343- 7500
208-336-6912 (fax)
III.
A certified copy of Applicant's Articles of Incorporation, together with all amendments
to date, is on file with the Commission.
IV.
F or over 100 years, Applicant, together with its predecessors in interest, has owned and
operated and now owns and operates an extensive and integrated water system in Boise City,
Idaho, and in certain territory within Ada County in the vicinity of, but outside the present
corporate limits of said Boise City, and renders general water service within such territory and
to the inhabitants thereof.
Applicant's current Certificate is Amended Certificate No. 143.
VI.
By this Application, United Water seeks to add seven (7) areas to its certificated service
territory. The seven areas, each more fully discussed below, are depicted on the map with is
attached hereto as Exhibit A and are denominated as follows:
1. Cloverdale Road;
2. Eagle & McMillan;
APPLICA TION and REQUEST FOR MODIFIED PROCEDURE - 2
3. Hidden Springs/Cartwright Ranch;
4. LDS Church at Eagle Road;
5. LDS Church at Linder Road;
6. Lexington Meadows Subdivision;
7. Iron Horse;
With respect to each of the areas, none are within the authorized territory of any other public
utility water corporation under the jurisdiction of the Commission. The extensions requested
herein will not interfere with the operations of any other water utility corporation under the
jurisdiction of the Commission. There are no known public entities, persons or corporations with
whom the expansion is likely to compete. United Water will provide service to all the areas
pursuant to its Tariff No. 1, General Metered Service, as the same exists or may hereafter be
amended. In all respects service will be provided pursuant to United Water s Rules and
Regulations as the same are now approved by the Commission or may hereafter may be
amended.
VII.
Cloverdale Road. As more fully depicted on the map which is Exhibit B attached hereto
this expansion extends United Water s service boundary slightly to the west of its existing
location. As residential development has occurred in the area, United Water has extended its
lines and facilities into the area and is currently providing domestic water service in the area
pursuant to its standard rules and regulations. The area is described in Exhibit C attached hereto.
VIII.
Eagle & McMillan.As more fully depicted on the map which is Exhibit D attached
hereto, this expansion extends United Water s service boundary slightly west of its existing
APPLICATION and REQUEST FOR MODIFIED PROCEDURE - 3
boundary along Eagle Road. As residential development has occurred in the area, United Water
has extended its lines and facilities into the area and is currently providing domestic water
service in the area pursuant to its standard rules and regulations. The area is described in Exhibit
E attached hereto.
IIX.
Hidden Springs/Cartwright Ranch. As more fully depicted on the map which is Exhibit F
attached hereto, this expansion is adjacent to United Water s existing service territory
encompassing the Hidden Springs planned community. Attached hereto as Exhibit G is the
request by the developers of Hidden Springs for extension of water service into the area. Water
service facilities will be extended into the area pursuant to United Water s Rules and Regulations
governing extensions. The area is described in Exhibit H attached hereto.
IX.
LDS Church at Eagle Road. As more fully depicted on the map which is Exhibit I
attached hereto, this expansion is located west of Eagle Road and south of Lake Hazel Road.
Attached hereto as Exhibit J is the request on behalf of the LDS church for expansion into the
area. Water service facilities will be extended into the area pursuant to United Water s standard
Water Main Extension Agreement. The area is described in Exhibit K attached hereto.
LDS Church at Linder Road.As more fully depicted on the map which is Exhibit L
attached hereto, this expansion is located west of Linder Road and south of Columbia road. It is
adjacent to United Water s existing non-contiguous Danskin service area. Exhibit J, attached
hereto, is the request on behalf of the LDS church for expansion into the area. Water service
APPLICATION and REQUEST FOR MODIFIED PROCEDURE - 4
facilities will be extended into the area pursuant to United Water s standard Water Main
Extension Agreement. The area is described in Exhibit M attached hereto.
XI.
Lexington Meadows.As more fully depicted on Exhibit N attached hereto, this
expansion is west of McDermott Road and south of Overland Road in Canyon County, Idaho.
Exhibit 0, attached hereto is the request of the Lexington Meadows developer for expansion into
the area. Water service facilities will be extended into the area pursuant to United Water
standard Water Main Extension Agreement. The area is described in Exhibit P, attached hereto.
XII.
Iron Horse As more fully depicted on Exhibit Q attached hereto, this expansion extends
the boundaries of United Water s Danskin non-contiguous service area to include a proposed
subdivision known as Iron Horse, the developer of which has requested service from United
Water. The area is described in Exhibit R, attached hereto.
XIII.
The Applicant submits that the extension into these areas are consistent with the public
convenience and necessity.
XIV.
Applicant does not believe that the public interest requires a hearing on the issues
presented hereby and requests that the matter be processed by Modified Procedure.
WHEREFORE, Applicant respectfully requests of the Commission:
1. That the Commission determine that a hearing is not required herein and process
the matter by Modified Procedure.
2. That the Commission approve the expansion of Applicant's service areas as herein
APPLICA TION and REQUEST FOR MODIFIED PROCEDURE - 5
requested;
3. That the Commission authorize the preparation and filing of an Amended Certificate
No. 143 to include the areas described herein; and
4. That the Commission grant such other and further relief as the Commission may
determine proper herein.
DATED this ~day of October, 2005.
UNITED WATER IDAHO INC.
By:
Dean 1. Miller
Attorney for Applicant
APPLICATION and REQUEST FOR MODIFIED PROCEDURE - 6
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Exhibit C
Description for Cloverdale Road.
A parcel of land being on the East Y2 of the East Y2 of Sections 4 and 9; Township 3 North
Range 1 East;
Except:
the East Y2 of the East Y2 of the East Y2 of the East Y2 of said Sections 4 and 9, Township 3
North, Range 1 East, Boise Meridian; Ada County, Idaho.
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Exhibit E
Description for Eagle Road ~ McMillan Road.
Parcels of land being:
all of the Northeast J,4 of the Northwest J,4 of the Northeast J,4 of Section 32, Township 4
North, Range 1 East; and all of the East Y2 of the Northeast J,4 of said Section 32;
Except the following parcels:
a) the Southwest J,4 of the Southwest J,4 of the Southeast 1A of the Northeast J,4 of
said Section 32; and
b) the West Y2 of the Southeast J,4 of the Southwest J,4 of the Southeast J,4 of the
Northeast J,4 of said Section 32: and
c) the West Y2 of the East Y2 of the Southeast 1A of the Southwest J,4 of the Southeast
J,4 of the Northeast J,4 of said Section 32; and
d) the South Y2 of the South 112 of the Northwest J,4 of the Southwest J,4 of the
Southeast J,4 of the Northeast J,4 of said Section 32; and
e) the South Y2 of the Southwest J,4 of the Northeast J,4 of the Southwest J,4 of the
Southeast 1//4 of the Northeast 1A of said Section 32; and
f) the Southwest J,4 of the Southeast J,4 of the Northeast J,4 of the Southwest J,4 of
the Southeast J,4 of the Northeast 1A of said Section 32;
all of the above said exceptions being portions of said Section 32, Township 4 North
Range 1 East, Boise Meridian; Ada County, Idaho.
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RECE\VED
SEP 2 2 ,uns
UN\TEO \NATER
September 15, 2005
Mr. John Lee
Construction Coordinator
United Water Idaho
8248 West Victory Road
PO Box 7488
Boise, 10 83707
By T elefax and Mail
Re:Cartwright Ranch
Dear John:
On behalf of the new owner of the property known as 'Cartwright Ranch adjacent to Hidden
Springs to the southeast, I am requesting water service from United Water Idaho and inclusion
of this property into your service area. For your convenience, I have enclosed a Vicinity Map
and a legal description identified on Exhibit
Developers of Hidden Springs, Inc, (DHS) has recently entered into an agreement with
Grossman Company Properties , Inc, (GCP), the new owner of the Cartwright Ranch property,
whereby DHS will share its sewer and water facilities with GCP ~ All or a significant portion of
Cartwright Ranch may become a part of Hidden Springs. We anticipate that the total number of
homes at build out will range between 1350 to 1450, including Cartwright Ranch,
Please contact me with any questions or if you need additional information. Thank you for your
consideration, We look forward to hearing from you.
;Ji M~
Frank Martin
Enclosures
Charles Carlise, Grossman Company Properties, Inc.
H. Scott Rhead, United Water Idaho
5892 West Hidden Springs Drive. Boise, Idaho 83714 . 208.229.2323 .208.229.2327 Fax
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Exhibit H
Description for Hidden Springs/Cartwright Ranch.
A parcel of land being all of Section 8; ancL
all of the South Ih of Section 5; ancL
all of the Southwest 1,4; and the West Y2 of the East all in Section 4; and
all of the West and the West Y2 of the East all in Section 9;
all being in Township 4 North, Range 2 East, Boise Meridian; Ada County, Idaho.
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Quadrant
Consulting, Inc,
RECE IVED
SEP 2 6 2005
September 23, 2005 UNITED WATER
Mr, John Lee
United Water Idaho
8248 West Victory Road
Boise, ID 83707
Re:Request for Service
Dear John:
On behalf of the Church of Jesus Christ of Latter-day Saints, we hereby request that
United Water Idaho provide water service to the following sites:
A ten acre site on Eagle Road, South of Lake Hazel
A ten acre site on Linder Road, south of Columbia
I have attached for your reference property descriptions and vicinity maps for both sites,
Thank you for your attention. If you have any questions, please give me a call.
Sincerely,
QUADRANT CONSULTING, IN
Chuck Christensen, P .
Principal
" -" , -
Attachments
405 S. 8th Street. Ste. 295 . Boise, 1083702 . Phone [phone] . Fax [phone] . Internet: www.quadront.cc
Civil Engineering . Surveying . Construction Management
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Exhibit K
Description for LDS Church at Eagle Road.
A parcel of land being the Northwest 1;4 of Section 4; and the Northeast 1;4 of Section 5;
all in Township 2 North, Range 1 East, Boise Meridian; Ada County, Idaho.
LD
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Exhibit M
Description for LDS Church at Linder Road.
A parcel of land being the Northeast 1,4 of Section 11, Township 2 North, Range 1 West
Boise Meridian; Ada County, Idaho.
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09/14/2005 05: 45 88757S7 GRIFFIN CHIROPRACTIC r' A(;jl::.. 111
JUSTIN GRIFFIN
FACSI:MILE TllANSMITT AL SHEET
TO:
oM Lee
FROM:
Justin Griffin
Dj\IT~
9/15/2005CQM?ANY:
U cited W a teJ:
TOTAL NO. O'P l'At.1ES INCLUDING (.OVBR~
F 1\X NU IMBER:
362-3858
PHO"i'P. NUMBER:R'P.
Request for Services
0 tjRGRNT PLEASf-. COMMENT 0 l'LE.ASF.. REPLY 0 Pl.RASE RECYCLEXPOR REVIEW
NOTP..5/C'.OMMENTS:
John-
Following is our written ,teq,ucst fot SetV1ccs. Please teviCW' and if you have any questions or
need anything clse, please do not hesitate to C$.U mc.
Thanks
...'\ '
SEP-15-2005 THU 13: 40 TEL: [phone] NAME: UNITED WATER
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September 15, 2005
United Water
Attn: John Lee
As per our conversation please consider this a written request for water
services for Lexington Meadows subdivision. The subdivision is located
between Robinson and Mcdermitt on Airport Road and consists of 26
building sites. If you have any questions please contact me at 284-6488.
- '
, still Griffin
SEP-15-2005 THU 13: 40 NAME: UNITED WATERTEL: 208 - 362 - 3858
1 M"""'" U":'
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Project No.: 2676
Date: July 7, 2004
DESCRI PTION
FOR
NASH GRIFFITH
PRELIMINARY PLAT
A parcel of land situated in the West 1/2 of Section 20 , T.3N., R,1W" 8., Canyon
County, Idaho and more particularly described as follows:
Commencing at the Northeast Corner SW 1/4 NW 1/4 (NW 1/16th Corner) of said
Section 20; Thence along the North Line of the SW 1/4 NW 1/4 of said Section 20,
North 89Q21 '33" West, 224,60 feet to an iron pin, the POINT OF BEGINNING:
Thence leaving said North Line,
South 00Q45'30" East, 562.23 feet to an iron pin; Thence,
South 27Q09'05" East , 29.00 feet to an iron pin; Thence
South 14Q53'05" East , 309,70 feet to an iron pin; Thence,
South 72Q51 '05" East, 129.60 feet to an iron pin on the East Line of the SW 1/4 NW
1/4 of said Section 20; Thence along said East Line,
South 00Q01 '55" West, 402,02 feet to the Southeast Corner SW 1/4 NW 1/4 (CW
1/16th Corner) of said Section 20; Thence leaving said East Line along the East Line of the
NW 1/4 SW 1/4 of said Section 20,
South 00QOO'22" East 318.71 feet to an iron pin; Thence leaving said East Line,
South 89Q21 '00" East, 484.63 feet to a point on the Centerline of the Rawson Canal;
Thence along the Centerline of said Rawson Canal
South 27Q02'26" East, 27.68 feet to a point; Thence continuing,
South 41 Q05'39" East, 304.27 feet to a point; Thence continuing,
South 51Q51'43" East, 294.14 feet to a point; Thence continuing,
South 74Q15'01" East, 387.46 feet to a point; Thence continuing,
South 44Q59'19" East, 46.35 feet to a point on the East Line of the NE 1/4 SW 1/4 of
said Section 20; Thence leaving said Centerline along said East Line,
South OOQOO'OO" West, 447.17 feet to the Southeast Corner NE 1/4 SW 1/4 (CS
1/16th Corner) of said Section 20 , marked by an iron pin; Thence leaving said East Line
along the South Line of the NE 1/4 SW 1/4 of said Section 20,
North 89Q25'32" West, 453,51 feet to a point on the Centerline of the Dewey Lateral;
Thence leaving said South Line along the Centerline of said Dewey Lateral
North 58Q18'29" West, 357.60 feet to a point; Thence continuing along a curve to the
right having a radius of 225.00 feet, a central angle of 21 Q19'01", a length of 83.71 feet and a
long chord that bears,
North 47Q37'30" West , 83.23 feet to a point; Thence continuing,
North 36Q58'00" West, 544.14 feet to a point; Thence continuing along a curve to the
left having a radius of 870.00 feet, a central angle of 06Q25'30", a length of 97.56 feet and a
long chord that bears
North 40Q1 0'45" West, 97.51 feet to a point; Thence continuing,
Preliminary Platdoc - Ihk
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TEALEY'S LAND SURVEYING
Project No,: 2676
Preliminary Plat
2501 BOGUS BASIN ROAD, BOISE, IDAHO 83702*[phone]
Page 2
North 43Q23'30" West, 255,06 feet to a point; Thence continuing along a curve to the
Right having a radius of 500.00 feet, a central angle of 26Q58'07", a length of 235,35 feet
and a long chord that bears
North 29Q54'27" West, 233,18 feet to a point; Thence continuing,
North 16Q25'23" West, 131.82 feet to a point; Thence continuing,
North 22QOO'05" West, 80.48 feet to a point; Thence continuing along a curve to the
left having a radius of 200,00 feet, a central angle of 43Q17'30", a length of 151,12 feet and a
long chord that bears,
North 43Q38'50" West, 147,55 feet to a point; Thence continuing,
North 65Q17'35" West , 67.89 feet to a point; Thence continuing along a curve to the
right having a radius of 180,00 feet, a central angle of 35Q30'18", a length of 111.54 feet and
a long chord that bears
North 47Q32'26" West, 109.77 feet to a point; Thence continuing,
North 29Q47'17" West , 44,34 feet to a point; Thence continuing along a curve to the
right having a radius of 250.00 feet, a central angle of 41 Q08'02", a length of 179.49 feet and
a long chord that bears,
North 09Q13'11" West, 175.66 feet to a point; Thence continuing,
North 11 Q20'55" East, 140,84 feet to a point; Thence continuing along a curve to the
left having a radius of 200.00 feet, a central angle of 46Q20'00", a length of 161.73 feet and a
long chord that bears
North 11Q49'05" West, 157.36 feet to a point; Thence continuing,
North 34Q59'05" West, 168.93 feet to a point; Thence continuing along a curve to the
right having a radius of 150.00 feet, a central angle of 41 Q17'24", a length 1 08,1 0 feet and a
long chord that bears,
North 14Q20'23" West, 105.77 feet to a point; Thence continuing,
North 06Q18'19" East, 54.69 feet to a point; Thence continuing along a curve to the
left having a radius of 110,00 feet, a central angle of 50Q40'12", a length of 97,28 feet and a
long chord that bears
North 19Q01 '47" West, 94.14 feet to a point; Thence continuing,
North 44Q21 '53" West, 143.37 feet to a point; Thence continuing along a curve to the
right having a radius of 300.00 feet, a central angle of 26Q42'18", a length of 139.83 feet and
a long chord that bears,
North 31 QOO'44" West, 138.56 feet to a point; Thence continuing,
North 17Q39'35" West, 15,23 feet to a point on the North Line of the SW 1/4 NW 1/4
of said Section 20; Thence leaving said Centerline along said North Line,
South 89Q21 '36" East, 633.42 feet to the POINT OF BEGINNING:
Preliminary Platdoc - dnm
Said Parcel Contains 30.97 Acres, more or less.
.........
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Exhibit R
Description for Iron Horse
A parcel of land being all of the Southeast 14; the North 1;2 of the Southwest 14; and the East Y2
the Southeast 14 of the Southwest 14; all in Section 3; Township 2 North, Range 1 West, Boise
Meridian; Ada County, Idaho.
Note: The above description for Area No., Iron Horse, represents the certificated area of
expansion as shown on the related UWI photo map, dated 10--17--, provided to us and
represented by the red outline. It includes more than the previously discussed Ironhorse
Subdivision Plat parcel; of which, the mathematical closure of said plat, only, we ve checked and
confirmed was correct as described in the subject copy of the plat's Certificate of Owners
provided to us. It should be noted that the above description approximately overlaps exisiting
UWI certificated areas along the northerly boundary by approximately 234 feet and the easterly
boundary by approximately US feet of Saddle Ridge Estates Subdivision plat. This is based on
the assumption that the blue outline as shown on the above noted UWI photo map, dated 10--17--
, corresponds to the said Saddle Ridge Estates Subdivision plat parcel's north and east
boundaries,