20070514Brewer amended direct.pdf

MOORE SMITH BUXTON & TURCKE, CHARTERED
ATTORNEYS AND COUNSELORS AT LAW
950 W. BANNOCK STREET, SUITE 520; BOISE, ID 83702
TELEPHONE: [phone] FAX: [phone] www.msbtlaw.com
STEPHANIEJ. BONNEY
SUSAN E. BUXTON*
PAuLl. FITZER
MICHAEL c. MOORE!
BRUCE M. SMITH
PAULA. TURCKE'
CARL J. WITHROE,,
TAMMY A. ZOKAN
JOHN J. McFADDEN*!
Of Counsel
" Also admitted in California
+ Also admitted in New Mexico
* Also admitted in Oregon
, Also admitted in South Dakota
!Also admitted in Washington
May 11 2007
Ms. Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
472 W. Washington
Boise, ID 83720
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RE: IPUC Case No. UWI-07-
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Dear Ms. Jewell:
Enclosed please find the original and nine (9) copies of the City of Eagle s AMENDED Direct
Testimony and Reporter s CD to be filed in the above referenced matter. Two individuals have
supplied this testimony in this case: Vem Brewer, City Engineer; Nancy Merrill, Mayor. The
attached corrections includes the page numbering required in the PUC Rules.
Thank you, and please call if you should have any additional requirements or if a question should
arIse.
Sincerely yours
MOORE SMITH BUXTON & TURCKE, CHTD.
;;p' ,
ie Smit
Legal Assistant to Bruce M. Smith
Idls
Enclosures
cc: All parties wi Amended Direct Testimony Enclosure
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Bruce M. Smith, ISB # 3425
Susan E. Buxton, ISB # 4041
MOORE SMITH BUXTON & TURCKE, CHARTERED
Attorneys at Law
950 West Bannock Street, Suite 520
Boise, Idaho 83702
Telephone: [phone]
Facsimile: [phone]
bms~msbt1aw.com
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Attorney for City of Eagle, Idaho
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
UNITED WATER IDAHO INC. TO AMEND AND)
REVISE CERTIFICATE OF CONVENIENCEAND NECESSITY NO. 143.
CASE NO. UWI-O7-
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
DIRECT TESTIMONY OF VERN BREWER
VERN BREWER, Di - Page 1
CITY OF EAGLE - 1019.
Please state your name and identify your relationship to the City of Eagle.
My name is Vern Brewer. I am the President of Holladay Engineering and
Project Manager/Liasion between the City and our team of Professional Engineers
and Geologist responsible for the water system design and construction. Holladay
Engineering Company was appointed City Engineer in 1997 and currently serves
in that capacity. Holladay Engineering is responsible for plan review, water
system and well design, system modeling, infrastructure planning, and financial
planning for the water system. Professionals assigned to these tasks include: Ken
Rice, P., Senior Design Engineer; Chris Duncan, P., Geologist; Andy Gehrke
, Engineer; and John Blom, P., Engineer. As project manager I have been
responsible for project planning and management, cost analysis and the interface
between the engineering team, the council, and the land use professionals
employed by the City.
What is the City's Water Master Plan?
The City of Eagle, through a 4-year land use and infrastructure planning process
adopted a City Water Master Plan that includes, in part, that area between Linder
Road and Highway 16, from the Boise River to Homer Road on the North.
portion of this area is now being proposed for Lanewood Estates. In accordance
with the Plan, the City has designed a series of trunk lines and laterals, two one-
and-a-half-million gallon water storage tanks, and five wells in order to serve the
entire area. The water trunk line and well system is capable of supplying the
VERN BREWER, Di - Page 2
CITY OF EAGLE - 1019.49
entire area based on the pressure and flow requirements in accordance with the
City's Comprehensive Plan.
With regard to the Lanewood development, are you familiar with its
location?
Yes, it is immediately adjacent to the City limits and within the City's area of
impact.
Has the City planned to provide water service to Lanewood?
Yes. This is consistent with the City's Comprehensive Plan and Ada County.
How does the City plan to serve Lanewood?
The City has been working with some large developments near Lanewood to
complete the first phase of the City's western area municipal system.
Construction should be completed by July, 2007. Two wells capable of pumping
about 4 000 gallons per minute have been constructed. Both wells were
constructed according to the IDEQ's standards for municipal wells. A third well
with 1 500 gallons per minute capacity is scheduled for 2008, bringing capacity to
000 gallons per minute. The City has pending applications for water rights for
these wells. Because the water right applications were protested, the City had to
go through a lengthy hearing process which has now been completed. The City
received a favorable staff recommendation and expects the applications to be
approved in the June-July period. Interestingly, part ofthe delay in getting the
applications approved was caused by United Water protesting the applications.
VERN BREWER, Di - Page 3
CITY OF EAGLE - 1019.
In addition to the wells, a 16" main line is currently under construction from one
well to the southern boundary ofthe Lanewood property. This line should be
completed in July. If Lanewood completes its county approval process and wants
to begin construction of its distribution system, it can do so. See Eagle Exhibit
203.
The 16" main is an important component of the City's system because it will run
through the Lanewood development and connect to other portions of a loop
system designed to bring water to many properties in the City's western
expansion area. It will connect to future storage reservoirs.
The western expansion area is shown on Eagle Exhibit 204. This is the area
where the City has been and is planning to provide water service. Under the
present configuration and capacity of the existing wells, all IDEQ requirements
for the public water system can be met now and in the future. All of the existing
infrastructure under construction and being planned conform with the City'
approved Water Master Plan for the area.
What is the City's cost of service?
The City's annual cost of water service is $344.76. I checked United Water
website and they charge $398.43. City of Eagle customers pay less based on
comparable use.
Does the City encourage conservation of water?
VERN BREWER, Di - Page 4
CITY OF EAGLE - 1019.
Yes, the City encourages all citizens to conserve their use of water. For instance
the City requires use of surface water for irrigation.
In Scott Rhead's testimony, he indicated that the two existing City wells are
not constructed to municipal standards and that construction of a mainline
to Lanewood has not begun. Is this correct?
No. Both City wells are brand new and are constructed to IDEQ standards. The
mainline is under construction and will be built to the Lanewood boundary.
The developer has suggested that he intends to begin construction of his
water distribution system in July, 2007. Will this schedule of development be
impeded by the construction of the City's mainline or IDEQ approval of the
distribution system?
No. Lanewood can begin construction ofthe distribution system as soon as IDEQ
regulations allow. IDEQ has granted the City Engineer the ability to review and
approve plans for the distribution system in accordance with the approved Master
Plan in the same manner that United Water is capable of approving plans to their
system. The timeframe and process for review and approval of plans is the same
through the City as it is through United Water. Most recently the plans for the
Legacy development were approved in about a three-week turn around through
the City. In the event that Capital Development were to submit complete plans
for the Lanewood development to the City, the City Engineer would begin the
plan review. The plans could be reviewed and approved within about thirty (30)
VERN BREWER, Di - Page 5
CITY OF EAGLE - 1019.49
10.
days and the developer could begin construction on July 1 without any delay to
their construction schedule. IDEQ does not need to independently review and
approve the City of Eagle water delivery system in the western expansion area.
Would allowing United Water to serve the Lanewood development interfere
with the completion of the City's water system and associated services?
Yes. The City's planned trunk line loop, which includes a 16-inch water main
coupled with 12-inch and 8-inch laterals to serve the area within the western
expansion designated boundary, is a fully integrated system developed by
modeling flows and pressures for the entire western area. The 16-inch main runs
through the Lanewood development. The insertion of United Water into this
system will disrupt a four or five-year planning process engaged in by the City,
and it would certainly impair the ability for the City to close its loop to ensure that
the residents north, south, and west of Lanewood could participate in a fully
integrated and designed water system.
A second component of the integrated water system for the western area is the
development of a financial model for residents of that planning area to contribute
to a storage and trunk-line network fund to provide for the eventual construction
of two one-and-a-half-million gallon storage reservoirs that would provide
emergency and fire flows at build-out. Excluding Lanewood from the
system will have the effect of raising the cost of storage to the remaining residents
participating in the construction and would interfere with the objective of
VERN BREWER, Di - Page 6
CITY OF EAGLE - 1019.
spreading costs equitably among the users of the system. Eliminating Lanewood
participation would cause an immediate 4.5% increase to all other planned
residents for those storage and trunk line fees. Based on these factors, I believe it
is in the public interest to allow the City to serve this area.
VERN BREWER, Di - Page 7
CITY OF EAGLE - 1019.
Dated this ay of May; 2007.
Vern Brewer
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SUBSCRIBED AND SWORN to before me this 11- day of May, 2007.
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VERN BREWER, Di - Page 8
CITY OF EAGLE - 1019.
CERTIFICATE OF SERVICE
I hereby certify that on this day of May, 2007 I served a true and correct
copy of the foregoing document via the method indicated below to:
Dean J. Miller, Esq.
McDevitt & Miller LLP
420 West Bannock Street
PO Box 2564
Boise, ID 83701
Gregory P. Wyatt
United Water Idaho, Inc.
PO Box 190420
Boise, ID 83719
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
PO Box 83720
Boise, ID 83720-0074
Scott Woodbury
Idaho Public Utilities Commission
472 West Washington Street
PO Box 83720
Boise, ID 83720-0074
Robert B. Bums
Moffatt Thomas Barrett Rock &
Fields, Chtd.
101 S. Capitol Blvd., 10th Floor
PO Box 829
Boise, ID 83701
(o/D.S. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
( ) Facsimile
(0-U.S. Mail, Postage Prepaid (Through Counsel)
( ) Hand Delivered
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(y--tJ.S. Mail, Postage Prepaid
( ) Hand Delivered
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(+U.S. Mail, Postage Prepaid
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( ) Facsimile
J. Ramon Yorgason (~S. Mail, Postage Prepaid (Through Counsel)
President, Capital Development, Inc. ( ) Hand Delivered
6200 N. Meeker Place ( ) Overnight Mail
Boise, ID 83713 ( ) F
Bru e M. Smith
VERN BREWER, Di - Page 9
CITY OF EAGLE - 1019.49