20240806Decison Memo.pdf

DECISION MEMORANDUM
TO: COMMISSIONER ANDERSON
COMMISSIONER HAMMOND
COMMISSIONER LODGE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: ADAM TRIPLETT
DEPUTY ATTORNEY GENERAL
DATE: AUGUST 6, 2024
SUBJECT: INVESTIGATION INTO DRY CREEK WATER COMPANY, LLC,
OWNER OF A WATER SUPPLY AND DISTRIBUTION SYSTEM; CASE
NO. DRY-W-24-01.
On July 23, 2024, Dry Creek Water Company, LLC ("Company") filed an expedited
motion to extend the then-existing reply comment deadline of July 24, 2024, by 60 days, with a
check-in with Staff occurring within 30 days. The Company represented that this extension
would provide it sufficient time to take steps to resolve this matter via settlement or stipulation
and to submit evidence to Staff that those steps have been completed.
After initially considering the Company's motion during the July 23, 2024, decision
meeting, the Commission held the motion in abeyance and provided the Company with ten days
to file additional information describing the specific steps it was taking to resolve this case.
Order No. 36278. To facilitate this, the Commission vacated the July 24, 2024, deadline for the
Company to file supplemental reply comments and reset it for August 16, 2024. Within the
allotted ten days permitted by Order No. 36278, the Company filed a memorandum and
confidential declaration from a Company employee offering supplemental details regarding the
actions the Company is taking to resolve this case.
STAFF RECOMMENDATION
Regarding the Company's July 23, 2024, motion that was held in abeyance by Order No.
36278, Staff does not oppose the Company's request for additional time to file reply comments,
with a check-in with Staff occurring within 30 days. Measuring from the July 24, 2024, reply
comment deadline set in Order No. 36268, granting the Company's motion would establish a
DECISION MEMORANDUM 1

reply comment deadline of September 22, 2024, a check-in with Staff occurring no later than
August 23, 2024.
COMMISSION DECISION
Does the Commission wish to vacate the current August 16, 2024, reply comment
deadline and grant the Company's request for an additional 60 days from the prior reply
comment deadline of July 24, 2024 to file reply comments, thereby establishing a reply comment
deadline of September 22, 2024, a check-in with Staff occurring no later than August 23, 2024?
Adam Triplett
Deputy Attorney General
I:\Legal\WATER\DRY-W-24-01\memos\DRY W2401_dec4_at.doc
DECISION MEMORANDUM 2