20040903Parr Petition to Intervene.pdf

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Brad M. Purdy
Attorney at Law
Bar No. 3472
2019 N. 17th St.
Boise, ID. 83702
[phone]
FAX: [phone]
bmpurdy(?ghotmail. com
Attorney for Petitioners Ellene and William Parr
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2004 SEP - 3 Plol 1:1 3
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF EAGLE WATER COMPANY, INC.
TO AMEND ITS CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY NO. 278.
CASE NO. EAG- W-04-
PETITION TO INTERVENE
OF ELLENE AND WILLIAM
PARR
COME NOW, Ellene and William Parr (hereinafter "intervenors ) and, pursuant
to Rules 071-075 of the Commission s Rules of Practice and Procedure, IDAPA
31.01.01.071-075, and that Notice of Intervention Deadline issued by this Commission
on August 6, 2004, hereby petition the Commission for leave to intervene in this
proceeding and to appear and participate with full parties' rights. In support of this
Petition, intervenors state as follows:
The address and name of the respective intervenoris:
Ellene Parr
1501 Shenandoah Drive
Boise, ID. 83712
William Parr
9831 Shields
Boise, ID. 83714
Intervenor will be represented in this proceeding by:
PETITION TO INTERVENE OF ELLENE AND WILLIAM PARR
Brad M. Purdy
Attorney at Law
2019 N. 17th St.
Boise, ID. 83702
208-384-1299
FAX: [phone]
Email: 1m!mlliJy(?ghotlnail. com
Copies of all pleadings, production requests, responses, Commission Orders and
Notices and other documents should be provided to Brad M. Purdy.
Petitioners have a direct and substantial interest in this proceeding for the
following reasons. Petitioners own roughly two acres of real property located at 9831
Shields, Boise, ID. 83714. The property is located between State Street and Hill Road
just east of Old Highway 55. Two mobile homes are currently located on the property
where intervenor William Parr currently resides. Intervenors intend to construct one or
more permanent houses on the property in the near future.
Intervenors' property is located in an uncertificated (for water service) area
between the service territories of Eagle Water Company, Inc. and United Water of Idaho
Inc. Both utilities have lines that are relatively close to intervenors' property.
Intervenros have previously requested service ttom both utilities. Each company
responded that it could not serve intervenors' property because it was not within their
respective service territory.
There is a shallow well on the property of limited capacity. Because of rapid
growth in the area, the water table is dropping and groundwater quality is becoming
increasingly questionable. Intervenors believe that their well will no longer be capable of
delivering potable water in the near future. In addition, the well lacks sufficient capacity
to serve additional houses as planned.
PETITION TO INTERVENE OF ELLENE AND WILLIAM PARR
Deepening the existing well, or digging a new well, assuming that such a right
would even be granted by the Idaho Department of Water Resources, are not feasible
options ftom either an economic or hydrologic standpoint. The only viable source to
replace the water provided by the well and to provide additional capacity, therefore, is
either ftom applicant Eagle Water Company, Inc., or intervenor United Water Idaho, Inc.
The property is located within the City of Boise area of impact and intervenors are of the
belief, therefore, that the City of Eagle s small municipal system is not an option as a
source. Without water, the value of intervenors' property is seriously diminished.
The nature of the area surrounding intervenors' property has changed dramatically
in recent years ftom rural pasture land to sprawling subdivisions, sports complexes, and
retail businesses. As water levels drop due to growth, some of those who reside in the
seams between Eagle Water and United Water s service territories, and who rely on
private wells, are effectively being deprived of water. It is for this reason that intervenors
are petitioning in this case.
The Commission has urged Eagle Water and United Water to negotiate who
should provide service to the areas not currently served by either utility. In its comments
in response to the application, Staff states that: "Even though it is not being requested in
this Application, Staff believes that further apportionment of uncertificated areas
surrounding Eagle is ripe for a decision. Areas around Eagle are rapidly growing and it is
just a matter of time before the Commission will be required to make decisions about
which Company will provide service.Staff Comments at p. 3. In its reply Comments
United Water agrees with this proposal to apportion "uncertificated" areas near Eagle.
PETITION TO INTERVENE OF ELLENE AND WILLIAM PARR
Intervenors agree with both Staff and United Water, though they are unable to
discern whether their property is located in the uncertificated areas that Staff and United
Water refer to. No maps have yet been provided and no geographical boundaries are set
forth with respect to this proposal. Consequently, at this juncture, without the
opportunity to participate in this proceeding, intervenors' direct and substantial interests
in this proceeding might be adversely affected.
Intervenors intend to participate in this proceeding as a party and to the
extent appropriate, introduce testimony and exhibits, cross-examine other witnesses
engage in oral argument and otherwise fully participate as a party.
Intervenors' participation in this proceeding will not unduly broaden the
scope of the legal and factual issues already before the Commission.
WHEREFORE, Intervenors Ellene and William Parr hereby requests that this
Commission grant their Petition to Intervene in this proceeding and to fully appear and
participate as a party with all the attendant rights and responsibilities.
DATED, this 3rd day of September, 2004.
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PETITION TO INTERVENE OF ELLENE AND WILLIAM PARR
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the third day of September, 2004, I caused to be
served the foregoing PETITION TO INTERVENE OF ELLENE AND WILLIAM PARR
on the following, in the manner indicated.
Ro bert DeShazo
Eagle Water Company, Inc.
Box 455
Eagle, ID. 83616-0455
l?f U.S. Mail-Postage Prepaid
t) Overnight delivery
() Hand Delivery
() Facsimile
~r U.S. Mail-Postage Prepaid
() Overnight delivery
() Hand Delivery
() Facsimile
Molly 0' Leary
Richardson and 0' Leary
Box 1849
Eagle, ID. 83616
Gregory P. Wyatt
United Water Idaho, Inc.
Box 190420
Boise, ID. 83719-0420
W' U.S. Mail-Postage Prepaid
't) Overnight delivery
() Hand Delivery
() Facsimile
Dean J. Miller
McDevitt & Miller, LLP
420 W. Bannock
Boise, ID. 83702
N' U.S. Mail-Postage Prepaid
() Overnight delivery
() Hand Delivery
() Facsimile
PETITION TO INTERVENE OF ELLENE AND WILLIAM PARR