20240930Compliance Filing Bylaws.pdf

Revised 04/2024 RECEIVED
Monday, September 30, 2024
IDAHO PUBLIC
UTILITIES COMMISSION
These By-Laws supersede all previous By-Laws of the ponderosa Water Company
By-Laws
Of
Farko Water System
Article 1.
Name and Location
Section 1.The name of this Association is Farko Water.
Section2.The governing body of this Association shall be known as the Farko Water[board referred to herein as the
hoard.
Section 3.The principal place of business of this Association shall be at PO BOX 826 Saglc Id.83860.The
Association may,however,maintain offices and places of business at such other places within the State of Idaho as
the board may determine.
Article 11
Fiscal Year
The fiscal year of Farko Water shall begin the first day of June of each year.
Article Ill
Members
Section 1.The holders of membership certificates of this Association arc its members. Each membership certificate
is equivalent to one vote in the atTairs of the Association. Each membership certificate pertains to one individual
property parcel and its associated drinking water connection.The number of household numbers does not atTect
voting rights in the affairs of the Farko Water.One drinking water connection is equal to one membership
certificate.
Section 2.When a member sells or disposes of any tract within the system,his/her membership for said tract shall
cease and shall be automatically transferred as herein provided to the new homeowner or property owner.
Section 3.The Secretary shall keep a record of the changes of title of all tracts within the boundaries of this
Association,so far as possible,and upon the sale or conveyance in any manner of a member's tract,the Secretary
shall create a new mcmbcrship certificate and it shall be delivered to the person to whom the property is conveyed,
who automatically becomes the owner thereof upon the purchase or securing a conveyance of the land.
In the event that the Secretary or board fails to issue a new membership certificate,yet the conveyance of land and
household in connection to the Farko Water has transferred ownership in legal manner.the new property owner will
nonetheless possess ownership of one membership certificate and voting right in regard to the governing affairs of
the Association.
A transfer fee of two hundred fifty dollars($250.00)shall be changed on each transfer.This transfer fee will be paid
by the new homeowner/property owner to the Farko Water Association.The Association shall not be required to
transfer any membership or provide any member-hip certificates until all feces, including original hookup fee.
transfer or ownership fee,and all monthly service fees,are paid in full.
Article 1V
Membership Certificates
Section 1.This Association shall not have capital stock. Its members shall be represented by membership certificates
which shall be recorded,and the records shall always remain with the Secretary of Farko Water(at the Association
offices).
Article V
Association Member Meetings and Elections
Section 1.The board of Farko Water shall meet quarterly at address(to be announced)and time.Time and place of
these meetings is subject to change at the board's discretion.
Section 2. All-member meetings of Farko water shall occur quarterly/annually at address and time.Notice must be
mailed to all members one month in advance of quarterly/annual all- member meetings. Association business,
including financial records,profits,debts and liabilities must be shared at all-member meetings.Written copies of
annual financial statements must also be trailed to each member.

Revised 040-024
Section 3.Special meetings of the members of the Association may be called at any time by the Chairman,or upon
written petition to the Chairman,signed by ten percent(I ff°%n)of the members of the Association.The purpose of
every special meeting shall be stated in the notice thereof,and no business shall be transacted at said special meeting
except such as is specified in the notice.
Section 4.The members present at any meeting of the members shall constitute a quorum for the transaction of
business.The voting powers of the members of this Association shall be equal.each member shall have one vote for
each membership certificate he/she/may hold,and the members shall he entitled to vote in person or by proxy.
Section 5.The board of this Association shall be elected at the all-member meeting on the third Sunday in April and
board members shall take office on the first of May.
Section 6.The order of business at Association meetings and so far as possible at all other meetings shall be
conducted by Robert's Rules of Order.Current Edition.
Article VI
Governing Body
Section I.The board of this Association shall consist of five(5)regular members and two(2)alternates who shall
make every attempt to attend all meetings.Only holders of mcmbcr certificates of the Farko Water shall be eligible
board members.All members will receive a letter in February to sec if they want to be a nominee on the board.
Nominations shall beat the April meeting with ballots mailed to certificate holders by the I st of March and returned
to the board by mail or delivered by 7:00 p.m,of the night of the March meeting.At the May meeting of the
members,five directors and two alternates shall be elected for a term of one year. Elections shall be held annually
thereafter.The board shall serve until their successors are elected and have qualified.
Section 2.The board shall meet within ten(10)days after election and shall elect a Chairman,Vicc-Chairman,
Secretary and a Treasurer from among themselves,each of whom shall hold office until the term is up unless
removed by death,resignation or for cause.
Section 3. Any vacancy in the board,other than from the expiration of a term of office.shall be tilled by
appointment by the remaining members of the board until the next election of the members of the Association.The
disqualification of a board member as a member of the Association shall operate to disqualify hint/her as a board
member and to create a vacancy in the office of the board
Section 4.A majority of the board members shall constitute a quorum at any meeting of the
board.
Section 5.A board member cannot miss more than 5 consecutive meetings or that board member will be
immediately removed from office.All board members that arc going to miss a meeting need to notify the Secretary
beforehand.When possible the board member that is missing needs to attend the meeting via teleconference.
Article V11
Duties of the Board
Section 1.The board.subject to restrictions of law or these By-Laws shall exercise all of the powers of the
Association and,without prejudice to or limitations upon their general powers,it is hereby expressly provided that
the board shall have,and are hereby given,full power and authority in respect to tic matters and as hereinafter set
forth:
A.To pass upon the qualifications of members,as set forth in the above and to cause to be
issued appropriate certificates of membership and cause the same to be recorded.B.To enter into any contracts
necessary to maintain the routine distribution of safe, potable
water to the members of this Association in accordance with the Idaho Administrative Code for Public Water
Systems,or IDAPA 58.01.08.and as required by the Idaho Department of Environmental Quality.
C.To select and appoint all officers,agents or employees of the Association,or remove any
officers,agents or employees of the Association for just cause,prescritx:such duties and designate such powers as
are consistent with these By-Laws.
D.To borrow from any source money,goods,or services,and to make and issue notes and
other negotiable and transferable instruments,mortgages,deeds of trust and trust agreements,and to do every act
and thing necessary to effectuate the same.

Revised 04/2024
E.To prescribe.adopt and amend. from time to time,such equitable uniform rules and
regulations as, in their discretion,may he deemed essential or convenient for the conduct of the business and affair
of the Association and the guidance and control of its officers and employees,and to prescribe adequate penalties for
the breach thereof.
F.A rcvicw of the books and accounts will be performed quarterly by the board. A full audit
will be performed annually and should be budgeted for accordingly.
G.To levy assessments against the members of the Association and to enforce the collection
of such assessments by the suspension of services for the period of time the assessments an:not paid. If necessary
the board may impose a lien on the defaulting member for non-payment,provided.however,that services shall he
promptly resumed and any lien shall be removed within three(i)days of the satisfaction of the indebtedness.
H.Non-payment for Gil days after due date specified on bill: member will start accruing late
fees at the rate of$20 per month of delinquent payment.
1. Non-payment for 90 days after due date: member will start accruing a 12%interest rate
every month after until account is paid in full.
J. Non-payment for one hundred twenty 1120)days after due date:water will be shut off at
the delinquent member's property and the bill, including late charges,will be sent to a collection agency. Member
will be charged a shut off fee of$100.To start receiving services once again,bill must be paid in full and/or a
reconnection fee of$2500.(which ever is less)a$250.turn on fee must be paid. All accumulated charges must be
paid before said member is again entitled to water scrvice:s and benefits.
K.To impose a lien on defaulting members.
L.The board shall pass any reasonable rule to carry these provisions into ctTect.
M. All fees are at the board's discretion and can be changed at any meeting of the board by a
majority vote.
N.To always sufficient to pay all operation,maintaining expenses,reserve to pay
indebtedness.interest and a reasonable sum as surplus fund,and to enforce these rules by refusing to furnish water
or by other proper means.
Article Vill
Duties of Officers-
Section 1. Duties of the Chairman:The Chairman shall preside over all meetings of the member and board,call
special meetings of the members and board,perform all acts and duties usually performed by an executive and
presiding officer,and sign all membership certificates anc such other paper of the Association as hershe may be
authorized or directed to sign by the board.The Chairman may call special meetings of the Association at any time
and does not require the 10%member requirement mentioned in Article V section 2.The Chairman shall perform
such other duties as may be prescribed by the board.The Chairman shall make all reports required by law to stay a
corporation in good standing with the Idaho Secretary of State. Upon resignation or change of office the C'hairTnan
will return all books,records.membership certificates,and other property belonging to the Association that may be
in his or her possession to the Association offices or the successor of the position.
Section 2. Duties of the Vice-Chairman: In the absence or disability of the Chairman,the Vice-Chairman shall
perform the duties of the Chairman,provided,however,that in case of death the Association members shall elect a
successor.The Vice-Chairman shall make all reports required by law and shall perform such other duties as may be
required to maintain a corporation in good standing with the Idaho Secretary of State. Upon resignation or change of
office the Chairman will return all books,records,membership certificates,and other property belonging to the
Association that may be in his or her possession to the Association offices or the successor of the position.The
Vice-Chairman will perform all other duties as agreed upon by the board by a majority vote.
Section.. Duties of the Treasurer:The Treasurer shall have general charge and supervision of the financial records
of the Association.The Treasurer shall preside over the revenue and expenses of the Association and shall prepared
and furnish the financial statements for Association members and board to review.The Treasurer shall make all
financial reports required by law and shall perform such other duties as may be assigned by the board. Upon

Revised 04i2024
resignation or change of office the Treasurer will return all books,records.and other property belonging to the
Association that may be in his or her possession to the Association offices or the successor of the position.
Section 4. Duties of the Secretary:The Secretary shall keep it complete record of all meetings of the Association and
of the board.The Secretary shall sign all membership certificates with
the Chairman and such other papers pertaining to the Association as he/she may be authorized or directed to do so
by the board.The Secretary shall serve all notices required by law and by these By-Laws and shall make a full
report of all matters and business pertaining to his/her office to the members at the monthly meeting.The Secretary
shall keep the membership certificate records of the Association and complete and countersign all certificates issued.
The Secretary shall keep it membership certificate record that includes the name of each tnernber of the Association
and date of issuance,surrender,and cancellation of forfeiture.
Upon resignation or change of office the Secretary will return all books,records,membership certificates,and other
property belonging to the Association that may he in his or her possession to the Association offices or the successor
of the position.
Section 5. Duties of Board Member:The fifth member of the board will be responsible for keeping the water system
operational.This will include obtaining updates or reports from the Idaho Licensed Water Operator regarding the
functionality of the water system and associated infrastructure,water quality and water samples. longevity of
infrastructure and pans,new connections and disconnected services.changes to Idaho rules for public water
systems,communication with the Department of Environmental Quality,and anything else pertaining to the safe and
legal operation of a public water system.This information will be shared with the members and board of Farko
Water. Upon resignation or change of office the Board Member will return all books.records,membership
certificates,and other property belonging to the Association that may be in his or her possession to the Association
offices or the successor of the position.
Section b. Duties of the Board:The Board of Farko water is bound and obligated to provide safe,potable water to its
members at all times.The board will take measures to ensure members do not go without water at any time and will
enter into contracts with outside businesses in order to do.The board is ohl igated to use member fees to pay for the
services of an Idaho Licensed Water Operator in accordance with Idaho Rules and Regulations for Public Water
Systems. An Idaho Licensed Water Operator shall be employed by Farko Water at all times for the purpose of
supplying potable water to each property owner and to remain in compliance with the Department of Environmental
Quality regulations regarding such.
Article 1X
Benefits and Duties of Members
Section 1.The Association will install,maintain and/or operate a distribution pipeline that conveys potable water to
the property line of each member of the Association.The lwint at which the distribution pipeline meets each
individually owned property shall be designated the"delivery point."At each delivery point meters may be installed.
The meters will be owned and maintained by the Association.The cost of the service line from the main
distribution pipeline of the Association to the property line of each member shall be paid by the Association.The
Association*will also purchase and install a lock out(referred to as cut-off valve)and cut-off valve in each service
line from its main distribution line. Each cut-off valve will be owned and maintained by the Farko Water.(at no time
is anyone other than Farko Water control operator to touch cut-off valve)and will be installed on some portion of
the service line owned by the Farko Water.The Farko water shall have the sole and exclusive right to access such
cut-off valve and to turn it on or off. Back flow prevention devices will he installed at time of new hook up.*Any
new hook up cost,will be paid by new owner as hook up fee.this is above and beyond all other fees paid to hook up
Farko Water System.
All extensions of the main water lines of the existing water system may be done only upon approval of a qualified
engineer.The extension, if any,so approved,must be paid for completely(including engineering eost)by the
persons desiring the extensions to service their tracts.Any extension.if approved and paid for.shall become the
property of the Farko Water and must be installed and constructed under the Farko Water's control,management and
supervision.and shall be subject to the rules and regulations of the Farko Water and its By-Laws.

Revised 04/2024
Section 2. Each member should be entitled to one only service line from the Association's water system to each
residence owned by such member.The member shall be required to pay a fee,set by the board.for such service line.
No new service line or change in an existing service line may be made which will interfere with an existing service
line or the delivery of water therein. Each service line shall connect the property served with the Farko Watees
distribution pipeline at the nearest available place for use by the member and shall be of sufficient capacity to permit
the delivery of water through a service line at that place within the system without interfering with the delivery of
water through a prior service line.(Only Farko Water control operator can service any water line).A person may
own more than property and as such have more than one certificate. If the Farko Water's water supply is inadequate
to permit the delivery of water without interfering with the delivery of water through it prior service line,then a new
service line shall he installed at such place as may be designated by the Farko Water and its approved by a qualified
professional. Each new member will be required to get pemaission from Farko Water to dig,or have dug,a ditch for
the purpose of connecting the distribution pipeline,at the delivery point.to the member's dwelling and will be
required to purchase that portion of the service line(and to pay for installation)of line to be installed for service
connection.The Farko Water shall not own nor maintain any part of the distribution piping or plumbing that is
found on individual property parcels nor which exists after the delivery point of each service connection.Customer
must notify Farko Water of any leaks on the owners property or any part of Ftu•ko Water pipes,valves,etc.asap as
to limit damages to Farko Water system. Failure to notify will result in a$1500. Fine.
Section 3, Each member shall be entitled to purchase from the Farko Water,pursuant to such agreements as may
from time to time be provided and required by the Farko Water,such water for domestic purposes.*including
livestock and irrigation of property(see section 4).as a member may desire,subject,however,to the provisions of
these By-Laws and to such rules and(along with drought condition requirements)as well as regulations as may be
prescribed by the board. Each member shall be entitled to have delivered to hinv'hcr such water as through the
service line may be metered and the charges for such water shall be determined separately.* Any and all watering
must be kept to a minimum and at no time will water he allowed to run uncontrolled or dripping into a tank or other
water holding container.At no time shall it customer supply water to a disconnected property.resulting violation
will incur$1500. fine and possible disconnection from Farko water system
Section 4. In the event the total water capacity of the Farko Water shall be insufficient to meet all of the needs of the
members or in the event there is a shortage of water.the board may prorate the water available among the various
members on such.a basis as is deemed equitable by the beard.The board may also prescribe a schedule of water use
for garden or irrigation purposes as needed and shall require adherence thereto,or they may prohibit the use of water
for non-essential services such as gardening and irrigation.Such means shall he employed during any time the total
water supply is insufficient to equitably meet the needs of all members for daily necessities.The Farko Water must
first satisfy the needs of all members for domestic purposes before supplying any watcr for livestock purposes and
must satisfy the needs of all members for domestic and livestock purposes before supplying water for sprinkling or
garden purposes.
Section 5.The board shall.as soon as practical after the ending of each fiscal year,determine the monthly cost to be
charged to each member during the following fiscal year for potable water service. Monthly cost(which will be a set
rate for all connection, no split level billing will occur.)or service will be assessed per water connection irrespective
of whether any water is used by a member during any month. Monthly billing statements shall be mailed to all
members of Farko Water at address of record. (It is up to member to keep Farko Water notified of current billing
address). Clear payment date,instructions for payment submittal,and late fee penaltiLw shall be communicated with
each member in writing. Failure to pay monthly charges shall result in the automatic imposition of penalties as
specified in Article VII section I.
Article X
Finances and Surplus Funds
Section 1.The Farko Water shall use all money collected from members for the purpose of operating,maintaining.
and repairing as needed the water system and associated facilities and infrastructure.Operating fces shall include
payment for contractors and other such professionals as are needed to achieve and maintain compliance with state
and federal regulations for public

Revised 04/2024
water systems.
Section 2. Any surplus funds remaining after operational costs have been paid will he held for future repairs.
upgrades,or ente:rgencics and with the understanding that lending companies will require proof of sound financial
practice.
All outstanding balance will be paid by Farko Water until paid in full.This includes attorneys fees and past wages
due to previous employee.*
Article XI
Amendments
Section I.These By-Laws may be amended by a vote of two-thirds(2/3)of the members present at any regular
meeting of the Farko Water,or at imy special meeting of the Farko Water called for that purpose.with the exception
that the members shall not have the power to change the purpose of the Association so as to decrease its rights and
powers under the I:i-,%,s of the State,or to waive any requir:anents of bond or other provisions for the safety and
security of the property and funds of the Association,or to deprive any member of rights and privileges then
existing,or so to amend the By-Laws as to et>fect a fundamental change in the policies of this Association. Notice of
any:amendment to be made at a special meeting of the members must be given at least ten(10)days before such
meeting and must set forth the amendments to be considered.
Article X11
Severrbility
Section 1. Invalidation of any part of these Fay-Laws by judgment in court shall in no way affect any of the other
provisions which shall remain in full force.

Revised 04/2024
Farko Water held election fora new board of directors on 3126/24 and new members were identified.
I itIC Printed Name Signatur
Chairman C'odv Freer
(oCliairman John Kuba
Secretary Stcphani Blackburn
CoSecretary Nick Pignotti '
TITAsurer Brennv Ros
Board Member MartC C'cliura
� L
Board Member Daniel Valdez