20051115Comments.pdf

Tomlinson Consulting, Inc.
205 N. 10TH St., Suite B100 Boise, Idaho 83702 208-871-0579/F AX 338-1777
TRANSMITTAL lETTER FOR:
(gJDELIVERIES DPICK UPS DATE: 11-15-
To:Idaho Public Utilities Commission Job No:
Project:Covenant Hill Subdivision
Attn: Jean Jewell
WE ARE SENDING YOU:WE ARE PICKING UP D (*See remarks)
DAs Requested rgJAttached DUnder Separate Cover,
ViaUse rgJ Record Bidding D Cost Estimating
Information D Review and Comment D A roval D
THE FOllOWING:Print(s) Rlan(s) D Calculations rgJ Copy of letter
See disclaimer D Other see remarks
Descri tion
Re onse letter to Ea Ie Water Com an for Case No EAG-O5-
Attachments UL()~-Lv ~S--o3
Remarks:
Copy to:
DWith Ene.
DWith Ene.
By:
Signe .
DISK DISCLAIMER: (PLEASE READ AND SIGN). ALL USERS OF THIS ELECTRONIC DATA SHALL BE AWARE OF THE
PRECISION , OR LACK OF PRECISION , THEREIN. WE ARE FORWARDING THIS ELECTRONIC DATA FOR YOUR
CONVENIENCE ONLY NOT AS AN ACCURATE REPRESENTATION OF THE PROPOSED PROJECT. TOMLINSON
CONSULTING, INC. IS NOT RESPONSIBLE FOR ANY DAMAGES INCURRED DUE TO RELIANCE OF THIS DATA.
TOMLINSON CONS
REGEIVED BY:DATE:
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CCEIVEO
November 14 2005
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Ms. Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
472 W. Washington
Boise, Idaho 83702
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fiLIi iES COt'k1!SSIOH
RE: Case No. EAG-05-03 /Ueu"t-W-6S-o
Dear Ms. Jewell
Please forward to the commission the following response to the comments submitted by Eagle
Water Company on November 9 2005 concerning the above mentioned water case.
Eagle Water Company s attorney, Ms. Molly O'Leary, contends that Eagle Water is ready, willing
and able to provide service to Covenant Hill Subdivision This statement is not accurate and the
documentation submitted to you by Ms. O'Leary does not support that claim.
Apparently Eagle Water Company is negotiating with landowners for an easement for a 12 inch
mainline from its Well No.6 to the subdivision and will have these easements executed and
recorded by February 2006.However it is Hillview Development's position that if Eagle
Water is ready, willing and able to provide service to Covenant Hill Subdivision then the
easements would already be recorded and the design for the offsite water line would be complete.
Hillview Development cannot wait until sometime in 2006 for Eagle Water to perform tasks which
should already have been completed.
Ms. O'Leary also states that Provision of service to the Covenant Hills Subdivision is critical to
Eagle Water s overall system plan.There are other opportunities for Eagle Water Company to
loop its water system. There are existing rights of way in the Downing Downs Subdivision which is
at our East boundary and which is totally within Eagle Water Company s certificated area. Eagle
Water can loop their water system through the Downing Downs subdivision at any time once they
record their easements and receive DEQ approval.
Also, Ms. O'Leary states
, "
oo DEQ has concluded based on the contents of Eagle Water Exhibit No.
and discussions with Eagle Water s engineer, James M Rees, P., that Eagle Water does indeed
have sufficient supply to service Covenant Hills Subdivision. Consequently, DEQ has agreed to lift
its informal service connection "moratorium " as it pertains to the Covenant Hills Subdivision area.
See Eagle Water Exhibit No., attached." This statement needs additional clarification. As of now
DEQ has not lifted it'moratorium and in fact DEQ's November 9, 2005 letter actually
indicates that Eagle Water still has unsatisfied conditions to release this moratorium DEQ'
November 9 2005 letter actually states, "oo. We will accept a Will Serve Letter for this project under
the following conditions:
1. We understand that easements for main construction are being negotiated at this time.
The letter must include documentation that a) all necessary easements have been
secured and b) that funding is available or guaranteed in a manner consistent with a
timetable for actual service to Covenant Hill Subdivision.
2. DEQ cannot accept additional Will Serve Letters until the issues mentioned in the
September 2005 are resolved.
It appears that for DEQ to lift all restrictions for Covenant Hill subdivision and for Ms. O'Leary
statement Eagle Water Company is ready, willing and able to provide water service to Covenant
Hills Subdivision to be accurate, Eagle Water Company would have the necessary recorded
easements in hand and DEQ' s service moratorium lifted with no additional conditions. Eagle
Water has not produced either of these items so at this time, no additional service connections are
allowed. Eagle Water Company has been aware of the proposed Covenant Hill subdivision since
February, 2005 when we submitted the preliminary plat to the City of Eagle. Even after repeated
requests by us to verify they could adequately serve us (including our written request of August 17
2005) Eagle Water Company essentially did nothing until your proposed order was filed.
In the unlikely event that Eagle Water Company s contention is true and they could actually issue a
will serve letter to the DEQ by February 16, 2006, we would still have to have the extension plans
reviewed by DEQ and would not be able to begin any construction on our site until March or April
2006 at the earliest. Additionally, we would not be able to process our subdivision plat until DEQ
approved the mainline extensions through our subdivision and lifted all service restrictions. This
would be an additional extensive and unreasonable delay.
Covenant Hill subdivision straddles the boundary between the United Water and Eagle Water
Company certificated areas, however United Water has promptly provided us with the assurance
they can adequately serve the entire Covenant Hill subdivision. United Water has responded to all
of our requests and has worked with our engineer on the mainline extension plans for Covenant Hill
subdivision. With United Water providing service, we can begin construction in December 2005
with no delay. With United Water providing service, we will have the assurance that we will not
have any building restrictions enforced on the lots of our subdivision. It is Hillview
Development's position that United Water is the only company that can truly be ready,
willing and able to provide service to Covenant Hill Subdivision
We appreciate you taking the time to hear our request and hope you will allow us to proceed on
course with our project in accordance with your proposed order. If you have any questions or
comments please feel tree to contact us at the following:
Hillview Development Corporation
150 E. Aikens, Suite A
Eagle, Idaho 83616
[phone]
[phone] FAX
Sincerely
Enc:Exhibit "A" map showing existing Downing Downs Subdivision
Exhibit "B" existing serviceability letter trom United Water
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11/11/200~ 18:51 FAX I UMLIN~UN & A~~U~lA I ~~Igj VVJ/ vv"
United Water .
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United Watl.lr Idaho Inc.
8248 W. Victory Road
O. Box 190420
Boise, ID 83719-0420
telepnone 208 3e2 7300
facsimile 200 362 3858
November 3, 2005
Mr. Richard J. Tomlinson , P.
Tomlinson Consulting, Inc.
205 N, 10\11 Street, Suite B 100
Boise, 10 83702
Subject: CO6D306 - Covenant Hill Subdivision
Dear Mr, Tomlinson:
The purpose of this letter is to advise you that "the above-mentioned subject, Covenant
Hill Subdivision, is serviceable with United Water Idaho under its present tariffs,
rules, and regulations as filed with the Idaho Public Utilities Commission,
I trust that this letter will aid you in the speedy process of this project.
Very truly yours
~~'
/'17,
John lee
Construction Coordi nator
t:X I-t18JT
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www.UflitelSwBter.com ~,""ez