20070131Application.pdf

McDevitt & Miller LLP
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Chas, F. McDevitt
Dean J. (Joe) Miller
January 31 , 2007
Via Hand Delivery
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 W. Washington St.
Boise, Idaho 83720
Re:Case No. UWI-07-
Dear Ms. Jewell:
Enclosed for filing, please find the original and seven (7) copies of United Water Idaho
Application and Request for Modified Procedure.
Kindly return a file stamped copy of this letter and Application.
Very Truly Yours
0CDevitt &
Miller LLP
DJM/hh
Enclosures
ORIGINAL
Dean J. Miller (ISB No. 1968)
McDEVITT & MILLER LLP
420 West Bannock Street
O. BOX 2564-83701
Boise, Idaho 83702
Tel: [phone]
Fax: [phone]
i oe(iV,mcdevitt- miller .com
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF UNITED WATER IDAHO INC., TO
AMEND AND REVISE CERTIFICATE OF
CONVENIENCE AND NECESSITY NO 143
APPLICATION and REQUEST FOR
MODIFIED PROCEDURE
CASE NO. UWI-O7-
COMES NOW, UNITED WATER IDAHO INC.
, ("
United Water ) and, pursuant to
Idaho Code Section 61-526 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 an area
located in Ada County Idaho, as hereinafter set forth, and in support of this Application
respectfully shows as follows, to-wit:
United Water is a public utility water corporation within the meaning ofthe Idaho Public
Utility Law, is duly 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-
I!.
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)
II!.
A certified copy of United Water s Articles of Incorporation, together with all
amendments to date, is on file with the Commission.
IV.
For over 100 years, United Water, 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 in Canyon County, and renders general water service
within such territory and to the inhabitants thereof.
Applicant's current Certificate is Amended Certificate No. 143.
v!.
By this Application, United Water seeks to add an area, denominated as Lanewood
Estates, to its certificated service territory.
The Lanewood Estates area is not 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
APPLICATION and REQUEST FOR MODIFIED PROCEDURE - 2
jurisdiction of the Commission. There are no other water providers with existing facilities in the
vicinity of the Lanewood Estates area capable of providing service on the timetable requested by
the developer of Lanewood Estates.
VII.
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 be amended.
VII!.
Exhibit A, attached hereto, is the legal description of the Lanewood Estates area; Exhibit
, attached hereto is a map depicting the location of the Lanewood Estates area. As illustrated
on Exhibit B, a portion of the Lanewood Estates area is contiguous to United Water s existing
service territory. United Water is capable of immediately extending service to the Lanewood
Estates area by extending its existing mainlines located within its service territory.
IX.
The developer of the Lanewood Estates has requested that United Water extend water
service facilities to the area and United Water has determined it has the capability to provide
service. Water service facilities will be extended to the area pursuant to United Water s Rules
and Regulations governing extensions.
United Water submits that the extension into this area is consistent with the public
convenience and necessity.
APPLICATION and REQUEST FOR MODIFIED PROCEDURE - 3
XI.
United Water 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, United Water respectfully requests of the Commission:
That the Commission determine that a hearing is not required herein and process the
matter by Modified Procedure.
That the Commission approve the expansion of United Water s service areas as herein
requested;
That the Commission authorize the preparation and filing of an Amended Certificate No.
143 to include the areas described herein; and
That the Commission grant such other and further relief as the Commission may
determine proper herein.
DATED this ~.sl day of January, 2007.
ean J. Miller
Attorney for Applicant
APPLICATION and REQUEST FOR MODIFIED PROCEDURE - 4
Engineering North West, LLC
423 N. Ancestor Place, Suite 180 Boise, Idaho 83704 [phone] . Fax [phone]
Project No. 06-026-Date: January 4 2007
LANEWOOD SUBDIVISION
UNITED WATER DESCRIPTION
A parcel ofland located in the East 1/2 of Section 2, T. 4 N., R. 1 W., B.M., Ada County,Idaho, more particularly described as follows:
Commencing at the section corner common to Sections 1 , 2, 11 and 12 of saidT. 4 N., R. 1 W., said point being the REAL POINT OF BEGINNING;
Thence North 890 19'36" West, 2032.93 feet (from which point the 1/4 section comer
common to said Sections 31 and 32 bears North 890 19'36" East, 611.59 feet distant) on the section
line common to said Sections 2 and 11 to a point of curve on the centerline of West Floating Feather
Road, said point being 30 feet south of that right-of-way line described in Warranty Deed
Instrument Number 95033831 of Ada County Records;
Thence on the centerline of West Floating Feather Road and 30 feet southerly of said right-
of-way line for the following courses and distances:
Thence 392.09 feet on the arc of a curve to the right, said curve having a radius of 430.
feet, a central angle of52O 14'42" and a chord distance of378.65 feet which bears
North 630 12'15" West;
Thence North 37004'54/1 West, 254.42 feet to a point of curve;
Thence 153.03 feet on the arc of a curve to the left, said curve having a radius of 430.
feet, a central angle of20023'27" and a chord distance of 152.22 feet which bears
North 47016'37" West to a point on the on the north-south mid-section line of said Section 2;
Thence North 01000'54" East, 878.01 feet on the north-south mid-section line of said
Section 2 to the southwest comer of that parcel of land as shown on Record-of-Survey Number6581 of Ada County Records;
Thence on the exterior boundary line of said Record-of-Survey Number 6581 Parcel for thefollowing courses and distances:
Thence South 89040'56" East, 89.61 feet to a point in a drain ditch;
Thence North 30042'04" East, 203.10 feet along said drain ditch;
Thence North 66045'04" East, 202.00 feet along said drain ditch;
Thence North 82024'04" East, 120.83 feet along said drain ditch;
Thence North 320 12'04" East, 123.58 feet along said drain ditch;
Lanewood United Water Desc.doc Page 1 of2
EXHIBIT A
PAGE 10F2
Thence North 05036'04" East, 169.00 feet along said drain ditch;
Thence North 29002'54" West, 208.77 feet along said drain ditch;
Thence leaving said drain ditch, South 86052'06" West, 467.96 feet to a point on the
north~south mid-section line of said section 2;
Thence North 01000'54" East, 608.55 feet on the north-south mid-section line of said
Section 2 to the Center 1/4 section corner of said Section 2;
Thence North 00056'08" East, 2692.70 feet on the north-south mid-section line of said
Section 2 to the 1/4 section corner common to said Section 2 and Section 35, T. 5 N., R. 1 W., B.M.
Thence South 89007'51" East, 1094.11 feet on the section line common to said Sections 2
and 35 to the northwest corner of that parcel of land described as Exception Parcel 2 of Quitclaim
Deed Instrument Number 105141744 of Ada County Records;
Thence leaving said section line, South 00055'10" West, 135.00 feet on the westerlyboundary line of said Exception Parcel 2 to the southwest comer of said Parcel;
Thence South 89007'51" East, 225.00 feet on the southerly boundary line of said Exception
Parcel 2 to a point on the north-south 1/16th section line of the NE 1/4 of said Section 2, said pointbeing the southeast corner of said Exception Parcel 2;
Thence South 00055'10" West, 2554.56 feet on the north-south 1/16th section line of the NE
1/4 of said Section 2 to the Center-East 1/16th Section Corner of said Section 2;
Thence South 00057'50" West, 1327.34 feet on the north-south 1/16th section line of the
SE 1/4 of said Section 2 to the southeast 1/16th section corner of said Section 2;
Thence South 89017'49" East, 1321.07 feet on the east-west 1/16th section line of the SE 1/4
of said Section 2 to the South 1/16th section corner common to said Sections 1 and 2;
Thence South 00054'45" West, 1326.65 feet on the sectionJine common to said Sections
1 and 2 to the real point of beginning. Said parcel contains 192.43 acres more or less.
PREPARED BY:
Engineering NorthWest, LLC
James R Washburn, PLS
Lanewood United Water Dcsc.doc Page 2 of2
EXHIBIT A
PAGE 2 OF 2
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