20241004Compliance Filing.pdf

Case No. GNR-W-24-01.
COMPLIANCE FILING - 1
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Rick L. Stacey, ISB # 6800
Taylor R. Brooks, ISB # 11542
McConnell Wagner Sykes + Stacey, PLLC
827 E. Park Blvd. Suite 201
Boise, Idaho 83712
[phone] Telephone
[phone] Fax
[e-mail]
[e-mail]

Attorneys for Valiant Idaho, LLC

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE
INVESTIGATION INTO VALIANT
IDAHO, INC. AND TIC UTILITIES,
LLC, OWNERS OF A NORTHERN
IDAHO WATER SUPPLY AND
DISTRIBUTION SYSTEM
CASE NO. GNR-W-24-01

COMPLIANCE FILING
TO ORDER NO. 36312

COMES NOW, Valiant Idaho, LLC (“Valiant”) by and through its attorneys of record,
McConnell Wagner Sykes + Stacey, PLLC, and in response to Order No. 36312, hereby submits
its compliance filing, thereby submitting (1) tariffs; (2) a notice to customers regarding regulation;
(3) a full legal description of Valiant’s Proposed service territory; and (4) a map showing the
location of Valiant’s utility service.
COMPLIANCE SUBMISSION
1. Attached hereto as Exhibit A is Valiant’s current tariffs as of September 6, 2024,
as submitted by Chris Hecht of the Idaho Public Utilities Commission (“PUC”) on October 1,
2024.
RECEIVED
Friday, October 04, 2024
IDAHO PUBLIC
UTILITIES COMMISSION

Case No. GNR-W-24-01.
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2. Attached hereto as Exhibit B is Valiant’s proposed notice to customers regarding
regulation by the PUC.
3. Attached hereto as Exhibit C is a full legal description of Valiant’s service territory.
4. Attached hereto as Exhibit D are two declarations from Steve Cordes, a Principal
Engineer and the Vice President of Welch Comer Engineers (“Welch Comer”) in Coeur d’Alene,
Idaho, which were submitted to the First Judicial District Court in Bonner County on October 30,
2020, and August 5, 2021, respectively, as part of litigation surrounding ownership of the Idaho
Club and its related fixtures, improvements, and assets, including the water system and the service
thereof. These declarations explain and depict maps of the Idaho Club’s current service area for
water.
a. The declaration submitted on October 30, 2020 (“2020 Declaration”) contains three
exhibits, of which only two are applicable to this Compliance Filing. Notably,
Exhibit B to the 2020 declaration shows Valiant’s Facility Plan Overview as of
February 8, 2017, which was submitted to the Idaho Department of Environmental
Quality (“DEQ”) and generally depicts the Idaho Club service area for its water
system. Exhibit C to the 2020 Declaration shows Welch Comer’s discovery of the
actual water system’s location within the Idaho Club and a more accurate service
area and location of the water system. Valiant’s water system and the service area
for the Idaho Club is marked in Blue on the maps marked as Exhibit C. Lines
marked in Green depict the water system of Hidden Lakes Estates, which is
serviced by VP, Inc.
b. The declaration submitted on August 5, 2021 (“2021 Declaration”) was submitted
as part of further litigation between Valiant and VP, Inc. surrounding use of certain

Case No. GNR-W-24-01.
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assets and fixtures related to each party’s respective water system. As part of that
litigation, Welch Comer was asked to redesign the Idaho Club water system to
operate independently of any water storage reservoirs owned by VP. Exhibit A to
the 2021 declaration reflects this redesign, which was ultimately carried out in
2021. Lines marked in Blue depict The Idaho Club’s current water system and
accurately reflect the current service area and operation.
5. Attached hereto as Exhibit E is a plat map of the Idaho Club, which coincides with
both maps depicted in the 2020 and 2021 Declarations of Steve Cordes. This plat map accurately
depicts the current Service Area for the Idaho Club water system, which is outlined in Blue.

DATED this 4th day of October 2024.

McConnell Wagner Sykes & Stacey PLLC

/s/ Taylor R. Brooks
By: Taylor R. Brooks, Attorneys For
Valiant Idaho, LLC

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on October 4, 2024, a true and correct copy of the foregoing
document was served via Electronic Mail upon the following party(ies):

Idaho Public Utilities Commission
Adam Triplett, Esq.
Idaho Deputies Attorney General
11331 West Chinden Boulevard
Building 8, Suite 201-A
Boise, Idaho 83714

[e-mail]
[e-mail]

/s/ Pamela A. Lemieux
Pamela A. Lemieux, Legal Secretary
The Idaho Club – TIC Utilities, LLC
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Issued 9/30/2024 Issued by The Idaho Club – TIC Utilities LLC
Effective 09/06/2024 William Haberman, Manager
Order No 36312
THE IDAHO CLUB - TIC UTILITIES, LLC
SCHEDULES, RULES AND REGULATIONS
SCHEDULE 1 FLAT RATE WATER SERVICES
SCHEDULE 2 NON-RECURRNG CHARGES
GENERAL RULES AND REGULATIONS INCLUDING
Main extension agreement
EXHIBIT A
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Effective 09/06/2024 William Haberman, Manager
Order No 36312

SCHEDULE 1
FLAT RATE WATER SERVICES

Frequency of Billing:
Customers will be billed quarterly, payable within 15 days of
the billing date.

Customer Charge:
Applicable to all property owners, whether lot is developed or
vacant.

$45.00 monthly ($135.00 billed quarterly)

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Effective 09/06/2024 William Haberman, Manager
Order No 36312

SCHEDULE 2
NON-RECURRING CHARGES

Account Initiation Charge:
Applies when a new account is established and, if necessary,
service turned on.
$250.00

Hook Up Charge:
Applies when the Company must install a new service
connection in order to provide water to a new Customer.
The charge includes company review of the proposed plans,
and inspection and final approval of the installation.
$2,500.00

NOTE: Charge will increase if connection need to be moved,
or there is a need to bore under the road to provide service.

DEQ CHARGE:
The Idaho Department of Environmental Quality (IDEQ)
assesses a charge to fund its drinking water program. Since
this charge is not recovered in tariffed water rates, the cost
will be passed along to Customers as a fixed charge appearing
as a separate item on each bill. Actual charges incurred, to be
reimbursed quarterly
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Effective 09/06/2024 William Haberman, Manager
Order No 36312

1.0 GENERAL
1.1 The Customer, in receiving water service, and the Company, in
providing water service, shall both agree to abide by these rules
and regulations.
1.2 In the event that there is a conflict between these rules and
regulations and the Utility Customer Relations Rules (UCRR), the
Rules and Regulations of the Idaho Public Utilities Commission
(Commission) shall take precedence unless an exception has been
granted.
1.3 All recurring and non-recurring charges shall be approved in
advance by the Commission.
2.0 DEFINITIONS
2.1 Applicant – a potential customer (person, business or government
agency) applying for service to the Company and subject to the
Commission’s rules and regulations.
2.2 Billing Period - the period of time between bills from the Company
for normal services rendered.
2.3 Commission - Idaho Public Utilities Commission.
2.4 Commodity Charge – a recurring charge based only on the
quantity of water used.
2.5 Company – the water company.
2.6 Connection or Hook-Up Fee – a non-recurring charge paid by a
Customer requesting service for partial or full recovery of the
Company's cost of providing a new service connection.
2.7 Contribution in Aid of Construction – a non-recurring charge paid
by a Customer or developer to help defray the cost of system
expansion.
2.8 Customer - a person, business or government agency responsible
for paying bills and complying with the rules and regulations of the
company.
2.9 Customer Charge – a recurring fixed charge to recover a portion of
the cost of meter reading and billing.
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Order No 36312

2.10 Fixed or Flat Rate – a recurring charge of a fixed amount, usually
in an unmetered system.
2.11 Franchise Tax – the tax imposed on a Company by a
governmental entity for the privilege of doing business within its
boundaries.
2.12 Late Payment Charge – the non-recurring charge levied against
any delinquent balance.
2.13 Minimum Charge – the minimum recurring charge for a billing
period that may or may not include a specified quantity of water.
2.14 Non-recurring Charges – the charges that are not assessed each
billing period.
2.15 Premises – the Customer's property including out buildings which
are normally located on one lot or parcel of ground.
2.16 Rate Schedule - the schedules of all recurring and non-recurring
charges of the Company.
2.17 Reconnection Charge – the charge paid by a Customer to the
Company to restore service after disconnection.
2.18 Recurring Charges – the charges that are assessed each billing
period.
2.19 Tariff – the rate schedules and the rules and regulations which
govern the Company's service.
2.20 Utility Customer Relations Rules (UCRR) - Customer Relations
Rules for Gas, Electric, and Water Public Utilities Regulated by the
Idaho Public Utilities Commission (The Utility Customer Relations
Rules) - IDAPA 31.21.01.000 et seq.

3.0 SERVICE FOR NEW CUSTOMERS
3.1 The Company shall furnish service to applicants within its
certificated service area in accordance with rates and the rules and
regulations approved by the Commission.
3.2 Applicants for water service may be required to sign a standard
form of service application.
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Order No 36312

3.3 The Company shall not be obligated to provide service at a
service location until any required deposit has been received by
the Company in accordance with the UCRR.
3.4 Special contracts may be required where large investments in
special facilities are necessary to provide the requested service.
The Company may require contribution toward such investment
and establish such minimum charges as are deemed necessary.
All such contracts shall be subject to the approval of the
Commission.
3.5 The Company reserves the right to place limitations on the
amount and character of water service it will supply and to
refuse service if, in its opinion:
a. the Company is required to refuse or limit service by
regulatory authorities having jurisdiction over the
Company;
b. the requested service installation is of larger size than is
necessary to properly serve the premises;
c. the permanency of the building, structure, or institution
requesting to be served is such that the Company's
investment in such service is jeopardized;
d. the depth of the applicant’s service line is less than the
minimum depth required for frost protection;
e. the applicants’ proposed service, main or other
appurtenance does not conform to good engineering
design or meet the standard specifications of the
Company; or
f. if the applicant refuses to agree to abide by the rules and
regulations of the Company.
If the Company denies service to an applicant for any reason, it
shall immediately provide the applicant with a written
explanation of its decision in accordance with the UCRR.
4.0 DEPOSITS
4.1 Rules and Regulations regarding deposits can be found in the
UCRR.
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Effective 09/06/2024 William Haberman, Manager
Order No 36312

5.0 RATES
5.1 Rates charged for water service and supply shall be those
published in the Company's tariff and approved by the
Commission.
6.0 BILLING AND PAYMENT
6.1 All Customers shall be billed on a regular basis as identified on the
applicable rate schedule.
6.2 If the system is metered, the Company shall try to read the
meters prior to each billing unless specified differently on the
applicable rate schedule. If the Company's meter reader is unable
to gain access to the premises to read the meter, or in the event
the meter fails to register, the Company will estimate the
Customer's water consumption for the current billing period based
on known consumption for a prior similar period or average of
several periods. Subsequent readings will automatically adjust for
differences between estimated and actual. Bills based on
estimated consumption shall be clearly marked as “estimated”.
6.3 All bills shall clearly indicate the balance due, and may be due and
payable no less than 15 days after the date rendered. All bills not
paid by due date may be considered delinquent and service may
be disconnected subject to the provisions of the UCRR.
6.4 A Late Payment Charge may be levied against any delinquent
account. All payments received by the next billing date shall be
applied to the Customer's account prior to calculating the Late
Payment Charge.
6.5 The minimum bill or customer charge shall apply when service is
provided for less than one month.
6.6 Owners of premises with one or more buildings, stores,
apartments, condominiums or any other divisions of like or similar
character, all of which are served from one (1) service connection
are responsible for the entire water charges. If the owner desires
to cease being responsible for water bills for such places and
desires that the occupant of each division will be responsible for
her or her respective bill, such transfer of responsibility will not be
accepted or recognized by the Company until the plumbing
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Issued 9/30/2024 Issued by The Idaho Club – TIC Utilities LLC
Effective 09/06/2024 William Haberman, Manager
Order No 36312

arrangements of the building or premises are so changed by the
owner or his or her agent as to permit the Company, to its
satisfaction, to serve each division or occupant separately from the
other occupants in the same building.
6.7 Accounts shall be continued and water bills rendered regularly
until the Company has been duly notified to discontinue service.
7.0 METERING (If Applicable)
7.1 Meters will be installed by the Company near the Customer's
property line or at any other reasonable location on the
Customer's premises that is mutually agreed upon.
7.2 The Company's representative shall be given access to the
Customer's premises at all reasonable hours for the purpose of
obtaining meter readings. In the event of recurring inaccessibility
the Company may, at its option and after notifying the customer,
relocate its metering equipment at the Customer's expense.
7.3 The Company shall be responsible for the maintenance of its
metering equipment. Meters are considered to be sufficiently
accurate if tests indicate that meter accuracy is within + 2
percent. When for any reason a meter fails to register within
these limits of accuracy, the Customer's use of water shall be
estimated on the basis of available data and charges shall be
adjusted accordingly. Corrected bills shall then be sent out to the
customer and additional payment or refund arrangements shall be
made in accordance with the UCRR.
7.4 The Company reserves the right to test and/or replace any meter.
Upon deposit of a "Meter Testing Fee" by a Customer, the
Company will test the Customer's meter. If the test indicates that
the meter over-registers by more than 2 percent, it shall be
replaced with an accurate meter at no cost to the Customer and
the "Meter Testing Fee" shall be refunded and water bills shall be
adjusted in accordance with the UCRR. Meter Testing Fees shall
require prior approval by the Commission.
7.5 At the Company's discretion, un-metered Customers may be
converted to metered service if such transition occurs in a
planned, systematic manner without unreasonable discriminations
and if the Company has an approved metered rate.
The Idaho Club – TIC Utilities, LLC
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Issued 9/30/2024 Issued by The Idaho Club – TIC Utilities LLC
Effective 09/06/2024 William Haberman, Manager
Order No 36312

7.6 The Company will have the right to set meters or other devices
without notice to the Customer for the detection and prevention of
fraud.
7.7 In any building where the meter is to be installed in the basement,
the incoming water pipe must enter the basement at least sixteen
(16) inches from the riser in order that a meter can be set in a
horizontal position in the basement. All pipes to the different
parts of the building or grounds must lead from the riser at least
one (1) foot above the elbow.
8.0 CUSTOMER PLUMBING AND APPLIANCES
8.1 All plumbing, piping, fixtures and appliances on the Customer's
side of the service connection will be installed and maintained
under the responsibility and at the expense of the Customer or
owner of the premises.
8.2 The plumbing, piping, fixtures and appliances shall be maintained
in conformity with all municipal, state and federal requirements.
The nature and condition of this plumbing, piping and equipment
will be such as not to endanger life or property, interfere with
service to other Customers or permit those with metered services
to divert system water without meter registration.
8.3 A stop-and-waste valve will be installed on the Customer's
plumbing in a place always accessible and so located as to permit
shutting off the water for the entire premises with the least
possible delay.
8.4 All persons having boilers, water tanks or other equipment supplied
by direct pressure from the Company's mains should install a
pressure relief valve, or other device to serve the same purpose, so
as to prevent excess pressure from forcing hot water and/or steam
back into the water meter and mains of the Company. All damage
to the Company's property resulting from the failure to properly
equip plumbing with a relief valve will be billed to the Customer.
8.5 The Company is not obligated to perform any service whatever in
locating leaks or other trouble with the customer's piping.
8.6 When the premises served by the Company are also served in any
manner from another water supply of any kind, an approved
backflow prevention device shall be installed at the service
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Effective 09/06/2024 William Haberman, Manager
Order No 36312

connection. Water service for either stand-by or other purposes
will not be furnished until piping and connections are inspected
and approved by a representative of the Company.
8.7 In accordance with the Company's Cross Connection Control
program, as filed with IDEQ, the Company shall require an
appropriate backflow prevention device be installed on any
customer s service connection whenever an actual or potential
hazard is deemed to exist. Any such device shall appear on the
State's list of approved backflow prevention devices and be
approved by the Company prior o installation.
8.7.1 In the event that a backflow prevention device is
required, it shall be installed, maintained and tested at
the customer s expense. Failure to install, maintain or
test the required device will result in termination of
service to the customer in accordance with the
Commission's Rules and Regulations
8.8 The Company shall require that all backflow devices connected to
the public drinking water system be tested upon installation, and
annually thereafter or when relocated or repaired. All testing shall
be completed by a State of Idaho certified backflow assembly
tester (BAT). The results of the tests shall be reported to the
company within 30 days from the date of the test. The submitted
form shall be preapproved by the Company
8.9 It is the sole responsibility of the Customer to install, operate and
maintain at all times their plumbing system in compliance with the
current edition of the Uniform Plumbing Code. Property owners will
not be allowed to connect the water service of different properties
together.
8.10 All of the Customer's service pipes and fixtures must be kept in
repair and protected from freezing at his or her expense. When
there are leaking or defective pipes or fixtures, the water may be
turned off at the option of the Company until the proper repairs
are made.

9.0 INSTALLATION OF SERVICE CONNECTIONS
The Idaho Club – TIC Utilities, LLC
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Issued 9/30/2024 Issued by The Idaho Club – TIC Utilities LLC
Effective 09/06/2024 William Haberman, Manager
Order No 36312

9.1 The service connection is the property of the Company and as
such, the Company is responsible for its installation and
maintenance. It consists of piping, curbstop and valve or meter
box and a meter, if the system is metered. The service connection
transmits water from the Company's water main to a valve or
meter box generally located near the Customer's property line. All
piping, valves or appliances beyond this point shall be the property
and responsibility of the Customer.
9.2 The Company reserves the right to designate the size and location
of the service line, curbstop, meter (if applicable) and meter or
valve box and the amount of space which must be left unobstructed
for the installation and future maintenance and operation thereof.
9.3 Where a service connection is desired for premises on which there
is no permanent structure, the Company will install a service
connection to said premises only upon payment by the applicant of
the estimated cost of said service connection. If within a period of
five (5) years from the installation of said service connection a
permanent structure is erected on the premises, the Company will
refund, with interest, the difference between any approved new
Customer charges in effect at the time of connection, and the
applicant's advance.
9.4 The extra costs of any out-of-the-ordinary circumstances requiring
additional equipment or special construction techniques involved in
the installation of a service connection will be agreed to in advance
by the Customer and the Company.
10.0 REPLACEMENT OR ENLARGEMENT OF SERVICE
CONNECTION
10.1 Unless otherwise provided herein, the Company shall replace or
enlarge service connections at its own expense as follows:
a. whenever it is necessary to change the location of any
service connection due to relocation or abandonment of the
Company's mains; and,
b. for commercial or industrial services where the type or
volume of use has changed and the enlargement will result
in sufficient increase in annual revenue to justify the
enlargement.
The Idaho Club – TIC Utilities, LLC
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Effective 09/06/2024 William Haberman, Manager
Order No 36312

10.2 The relocation, enlargement or reduction of service connections for
the convenience of the Customer will be at the expense of the
Customer. Prior to such relocation, enlargement or reduction, the
Customer will deposit the estimated cost thereof with the
Company. Within fifteen (15) days, a refund will be made to the
Customer in the amount by which the estimated cost exceeds the
actual cost. The amount by which the actual cost exceeds the
estimated cost will be due and payable within fifteen (15) days
after billing for such deficiency.
10.3 Enlargement of any service connection will be made only after such
time as the Customer's plumbing inside his or her premises have
been enlarged sufficiently to accommodate the additional capacity.
11.0 DISCONNECTION AND RECONNECTION OF SERVICE
11.1 When a Customer desires to discontinue service he shall give
notice to the Company at least two (2) days in advance and be
responsible for all water consumed for the two (2) days after the
date of such notice.
11.2 The Company shall discontinue a Customer's service on an
involuntary basis only in accordance with UCRR.
11.3 When it becomes necessary for the Company to involuntarily
discontinue water service to a Customer, service shall be
reconnected only after all bills for service then due have been paid
or satisfactory payment arrangements have been made.
11.4 A reconnection fee may be charged each time a Customer is
disconnected, either voluntarily or involuntarily, and reconnected
at the same premises. The reconnection fee will be paid before
service is restored. Reconnection fees shall not be charged for any
situation or circumstance in which the Customer’s water supply is
disconnected by the Company for its convenience.
11.5 The Company reserves the right at any time, upon notice, to shut
off the water for maintenance or expansion and, in emergencies,
may do so without notice. The Company shall at all times use
reasonable diligence and care to prevent interruption of said water
service.
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Effective 09/06/2024 William Haberman, Manager
Order No 36312

11.6 Except in the case of an emergency, no one, except an authorized
Company representative, shall turn on or turn off the water on the
Company's side of the service connection.
12.0 MISCELLANEOUS
12.1 No customer shall permit any person from another premises to
take water from his or her water service or tap for more than (1)
week without the written permission and consent of the Company.
12.2 No person acting either on his or her own behalf or an agent of
any person, firm, corporation or municipality not authorized by the
Company shall take any water from any fire hydrant on the
Company's system except in the case of an emergency.
12.3 No person shall place upon or about any hydrant, gate, box,
meter, meter box or other property of the Company any building
material or other substance so as to prevent free access at all
times to the same.
12.4 Service will be maintained to domestic Customers on a preferential
basis. Delivery of water under all schedules may be restricted,
interrupted or curtailed at the discretion of the Company in case of
shortage or threatened shortage of water.
12.5 No rate contract or application is assignable from one user to
another, except upon agreement of all parties concerned.
12.6 The Company representative shall be given access to the premises
of the Customer at all reasonable hours for obtaining meter
readings, for turning on or shutting off the flow of water, for
inspecting, removing, repairing or protecting from abuse or fraud
any of the property of the Company installed on the premises.
Access shall be granted at all times for emergency purposes.
12.7 No one shall tamper or interfere with the Company’s equipment or
property, nor shall repairs, connections or replacements be made
without the Company authorization.
12.8 Whenever an applicant desires service of a character for which
there is no available service classification, a contract may be
executed in lieu of a tariff. Any such contract shall be subject to
the approval of the Idaho Public Utilities Commission.
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Effective 09/06/2024 William Haberman, Manager
Order No 36312

12.9 Copies of the Company's rates and summary of rules and
regulations shall be available at the Company’s office and provided
to customers upon commencement of service, and annually
thereafter in accordance with the UCRR and the UCIR.
13.0 UNIFORM MAIN EXTENSION RULE FOR WATER UTILITIES
- Based on Order No. 7830 (Case No. U-1500-22)
13.1 GENERAL PROVISIONS AND DEFINITIONS
13.1.1 Applicability
a. All extensions of distribution mains from the utility's
existing distribution system, to serve new customers,
except for those specifically excluded below shall be
made under the provisions of this Rule unless
specific authority is first obtained from the
Commission to deviate therefrom. A main extension
contract shall be executed by the utility and the
applicant or applicants for the main extension before
the utility commences construction work on said
extension or, if constructed by applicant or
applicants, before the facilities comprising the main
extension are transferred to the utility.
b. Extensions solely for fire hydrant, private fire
protection, resale, temporary, standby, or
supplemental service shall not be made under this
Rule.
c. The utility may, but will not be required to, make
extensions under this Rule in easements or rights-of-
way where final grades have not been established, or
where street grades have not been brought to those
established by public authority. If extensions are
made when grades have not been established and
there is a reasonable probability that the existing
grade will be changed, the utility shall require that
the applicant or applicants for the main extension
deposit, at the time of execution of the main
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Effective 09/06/2024 William Haberman, Manager
Order No 36312

extension agreement, the estimated net cost of
relocating, raising, or lowering facilities upon
establishment of final grades. Adjustment of any
difference between the amount so deposited and the
actual cost of relocating, raising, lowering facilities
shall be made within ten (10) days after the utility
has ascertained such actual cost. The net deposit
representing actual cost is not subject to refund. The
entire deposit related to the proposed relocation,
raising or lowering shall be refunded when such
displacements are determined by proper authority to
be not required.
13.1.2 Ownership, Design and Construction of
Facilities
a. Any facilities installed hereunder shall be the sole
property of the utility. In those instances in which
title to certain portions of the installation, such as
fire hydrants, will be held by a political subdivision,
such facilities shall not be included as a part of the
main extension under this Rule.
b. The size, type, quality of materials and their location
shall be specified by the utility and the actual
construction shall be done by the utility or by a
constructing agency acceptable to it.
c. Where the property of an applicant is located
adjacent to a right-of-way, exceeding 70 feet in
width, for a street, highway or other public purpose,
regardless of the width of the traveled way or
pavement; or a freeway, waterway or railroad right-
of-way, the utility may elect to install a main
extension on the same side thereof as the property
of the applicant and the estimated and adjusted
construction costs in such case shall be based upon
such an extension.
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Effective 09/06/2024 William Haberman, Manager
Order No 36312

d. When an extension must comply with an ordinance,
regulation, or specification of public authority, the
estimated and adjusted construction costs of said
extension shall be based upon the facilities required
comply therewith.
13.1.3 Estimates, Plans and Specifications
a. Upon request by a potential applicant for a main
extension, the utility shall prepare without charge a
preliminary sketch and rough estimates of the cost of
installation to be advanced by said applicant.
b. Any applicant for a main extension requesting the utility
to prepare detailed plans, specifications and cost
estimates shall be required to deposit with the utility an
amount equal to the estimated cost of preparation of
such material. The utility shall, upon request, make
available within 45 days after receipt of the deposit
referred to above, such plans, specifications and cost
estimates of the proposed main extension. If the
extension is to include oversizing of facilities to be done
at the utility’s expense appropriate details shall be set
forth in the plans, specifications and cost estimates.
c. In the event a main extension contract with the utility
is executed within 180' days after the utility furnishes
the detailed plans and specifications, the deposit shall
become a part of the advance, and shall be refunded in
accordance with the terms of the main extension
contract. If such contract is not so executed the deposit
to cover the cost of preparing plans, specifications and
cost estimates shall be forfeited by the applicant for the
main extension and the amount of the forfeited deposit
shall be credited to the account or accounts to which
the expense of preparing said material was charged.
d. When detailed plans, specifications and cost estimates
are requested the applicant for a main extension shall
furnish a map to a suitable scale showing the street and
lot layouts, and when requested by the utility, contours
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Effective 09/06/2024 William Haberman, Manager
Order No 36312

or other indication of the relative elevation of the
various parts of the area to be developed. If changes
are made subsequent to the presentation of this map by
the applicant, and these changes require additional
expense in revising plans, specifications and cost
estimates this additional expense shall be borne by the
applicant, not subject to refund, and the additional
expense thus recovered shall be credited to the account
or accounts to which the additional expense was
charged.
13.1.4 Timing and Adjustment of Advances
a. Unless the applicant for the main extension elects to
arrange for the installation of the extension himself as
permitted by Section C.1.c., the full amount of the
required advance or an acceptable surety bond must be
provided to the utility at the time of execution of the
main extension agreement.
b. If the applicant for a main extension posts a surety
bond in lieu of cash, such surety bond must be replaced
with cash not less than ten (10) calendar days before
construction is to commence; provided, however, that if
special facilities are required primarily for the service
requested, the applicant for the extension may be
required to deposit sufficient cash to cover the cost of
such special facilities before they are ordered by the
utility.
c. An applicant for a main extension who advances funds
shall be provided with a statement of actual
construction cost and adjusted construction cost
showing in reasonable detail the cost incurred for
material, labor, any other direct and indirect costs ,
overheads, and total costs; or unit costs or contract
costs; whichever are appropriate.
d. Said statement shall be submitted within sixty (60)
days after the actual construction costs of the
installation have been ascertained by the utility. In the
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Effective 09/06/2024 William Haberman, Manager
Order No 36312

event that the actual construction costs for the entire
installation shall not have been determined within 120
days after completion of construction work, a
preliminary determination of actual and adjusted
construction costs shall be submitted, based upon the
best available information at that time.
e. Any differences between the adjusted construction costs
and the amount advanced shall be shown as a revision
of the amount of advance and shall be payable within
thirty (30) days of submission of the statement.
13.1.5 Assignment of Main Extension Contracts - Any
contract entered into under Sections B and C of this
Rule, or under similar provisions of former rules,
may be assigned after settlement of adjusted
construction costs, after written notice to the utility
by the holder of said contract as shown by the
utility’s records. Such assignment shall apply only to
those refunds which become due more than thirty
(30) days after the date of receipt by the utility of
the notice of assignment. The utility shall not be
required to make any one refund payment under
such contract to more than a single assignee.
13.1.6 Interpretations and Deviations - In case of
disagreement or dispute regarding the application of
any provision of this Rule, or in circumstances where
the application of this Rule appears unreasonable to
either party, the utility, applicant or applicants may
refer the matter to the Commission for
determination.
13.2 EXTENSIONS TO SERVE INDIVIDUALS
13.2.1 Free-Footage Allowance - The utility shall extend its
water distribution mains to serve new bona fide customers
at its own expense, other than to serve subdivisions, tracts
, housing projects , industrial developments or organized
commercial districts, when the required total length of
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Issued 9/30/2024 Issued by The Idaho Club – TIC Utilities LLC
Effective 09/06/2024 William Haberman, Manager
Order No 36312

main extension from the nearest existing utility facility is
not in excess of fifty (50) feet per service connection.
13.2.2 Advances - If the total length of main extension is in
excess of fifty (50) feet per service connection applied for,
the applicant or applicants for such service shall be
required to advance to the utility, before construction is
commenced, that portion of the estimated reasonable cost
of such extension which exceeds the estimated reasonable
cost of 50 feet of the main extension per service
connection, exclusive of the cost of service pipes, meter
boxes and meters. Such estimated reasonable cost shall be
based upon the cost of a main not in excess of six (6)
inches in diameter except where a larger main is required
by the special needs of the applicant or applicants. The
amount of the advance is subject to adjustment in
accordance with the provisions of Section A.5.e. of this
Rule.
13.2.3 Refunds - The money so advanced shall be refunded
by the utility, in cash without interest, in payments
equal to the adjusted construction cost of fifty (50) feet
of the main extension for which advance was made, for
each additional service connection made to said main
extension exclusive of that of any customer formerly
served in a reasonable manner at the same location. At
the request of the applicant, refunds shall be made
within 180 days after the date of first service to a bona
fide customer. If no request is received from applicant
the utility shall, initiate refunds on an annual basis. No
refunds shall be made, after a period of ten (10) years
from the date of completion of the main extension and,
the total refund shall not exceed the amount advanced.
13.2.4 Exceptions - Where a group of five (5) or more
individual applicants requests service from the same
extension, or in unusual cases after obtaining
Commission authorization, the utility, at its option, may
require that the individual or individuals advance the
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Effective 09/06/2024 William Haberman, Manager
Order No 36312

entire cost of the main extension as herein provided
and the utility shall refund this advance as provided in
Section C.2. of this Rule.
13.3 EXTENSIONS TO SERVE SUBDIVISIONS, TRACTS,
HOUSING PROJECTS INDUSTRIAL DEVELOPMENTS OR
ORGANIZED COMMERCIAL DISTRICT
13.3.1 Advances –
a. Unless the procedure outlined in Section C.1.c. is
followed, an applicant for a main extension to serve a
new subdivision, tract, housing project or industrial
development or organized commercial district shall be
required to advance to the utility, before construction
is commenced, the estimated reasonable cost of the
extension to be actually installed, from the nearest
utility facility at least equal in size or capacity to the
main required to serve both the new customers and a
reasonable estimate of the potential customers who
might be served directly from the main extension
without additional extension. The costs of the
extension shall include necessary service stubs, or
service pipes, fittings, gates and housing therefore, and
meter boxes, but shall not include meters. To this shall
be added the cost of fire hydrants when requested by
the applicant for the main extension or required by
public authority, whenever such hydrants are to become
the property of the utility.
b. If, for any purpose, special facilities are required
primarily for the service requested, the cost of such
special facilities may be included in the advance,
subject to refund, as hereinafter provided, along with
refunds of the advance of the cost of the extension
facilities described in Section C.1.a. above.
c. In lieu of providing the advances in accordance with
Sections C.1.a. and C.1.b., the applicant for a main
extension shall be permitted, if qualified in the
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Effective 09/06/2024 William Haberman, Manager
Order No 36312

judgment of the utility, to construct and install the
facilities himself, or arrange for their installation
pursuant to competitive bidding procedures initiated by
him and limited to qualified bidders. The cost, including
the cost of inspection and supervision by the utility,
shall be paid directly by applicant. The applicant shall
provide the utility with a statement of actual
construction cost in reasonable detail. The amount to be
treated as an advance subject to refund shall be the
lesser of (1) the actual cost, or (2) the price quoted in
the utility detailed cost estimate. The installation shall
be in accordance with the plans and specifications
submitted by the utility pursuant to Section A.4.b.
13.3.2 Refunds
a. The amount advanced under Sections C.1.a., C.1.b.; i
and C.1.c. shall be subject to refund by the utility in
cash, without interest, to the party or parties entitled
thereto as set forth, in the following two paragraphs.
The total amount so refunded shall not exceed the total
of the amount advanced. Except as hereinafter
provided, the refunds shall be made in annual,
semiannual or quarterly payments at the election of the
utility, and for a period not to exceed twenty (20) years
after the date of the contract.
b. Whenever costs of main extensions have been
advanced pursuant to Sections C.1.a. or C.1.c., the
utility shall determine the revenue received from
customers other than residential, including fire
protection agencies, supplied by service pipes
connected directly to the extension for which the cost
was advanced. The refund shall be 22 percent of the
revenue so received. For residential customers
connected directly to the extension for which the cost
was advanced, the utility shall refund 22 percent of the
average revenue per residential customer of the entire
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Effective 09/06/2024 William Haberman, Manager
Order No 36312

system for the immediately preceding 12-month
period. (See Section C.2.d. and B.3.)
c. Whenever costs of special facilities have been advanced
pursuant to Sections C.1.b. or C.1.c., the amount so
advanced shall be divided by the number of lots to be
served by the special facilities. This advance per lot
shall be refunded for each lot on which one or more
bona fide customers are served by those facilities.
d. With respect to a contract entered into on and after the
effective date of this Rule, if, at any time during the 20-
year refund period specified above 80 percent of the
bona fide customers for which the extension or special
facilities were designed are being served therefrom, the
utility shall immediately notify the contract holder of
that fact, and at that time shall become obligated to
pay, in cash, any balance which may remain
unrefunded at the end of said 20-year period. Such
balance shall be refunded in five (5) equal annual
installments, payable beginning 21 years after the date
of the contract.
e. Where a contract has been entered into under a former
main extension rule, and where 80 percent of the bona
fide customers for which the extension or special
facilities were designed are being served therefrom, the
utility may negotiate and enter into a new and
substitute contract, identical in all respects, with the
original contract, including the original termination date,
except that said substitute contract shall include the
following provisions: "Notwithstanding any other
provisions hereof, any unrefunded balance remaining at
the termination date of this contract shall be paid in five
(5) equal annual , installments beginning one (1) year
after, said termination date.”
13.3.3 Termination of Main Extension Contracts
a. Any contract entered into under Section C of this Rule,
or under similar provisions of former rules may be
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Effective 09/06/2024 William Haberman, Manager
Order No 36312

purchased by the utility and terminated, after first
obtaining the authorization of the Commission, at any
time after the number of bona fide customers then
receiving service from the extension for which the
advance was made equals at least 60 percent of the
total number of bona fide customers for which such
extension was designed by the utility and the terms are
otherwise mutually agreed to by the parties or their
assignees and that, Section C.3.b. and Section C.3.c.
hereof are complied with.
b. The utility, in requesting authorization for such
termination shall furnish to the Commission the
following information in writing by an advice letter in
the event the termination is to be accomplished by
payment in cash, or by a formal application:
(1) A copy of the main extension contract, together
with data adequately describing the development for
which the advance was made and the total adjusted
construction cost of the extension.
(2) The balance unpaid on the contract, as above
defined, as of the date of termination and terms
under which the obligation is requested to be
terminated.
(3) The name of the holder of the contract when
terminated.
(4) The total number of bona fide customers for
which the extension was designed and the number of
bona fide customers actually receiving service on
said extension as of the proposed date of contract.
c. Discounts obtained by the utility for contracts
terminated under the provisions of this Section shall be
accounted for by credits to Account 265 - Contributions
in Aid of Construction.

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Issued 9/30/2024 Issued by The Idaho Club – TIC Utilities LLC
Effective 09/06/2024 William Haberman, Manager
Order No 36312

14 Special Provisions or Amendments

October 4, 2024
The Idaho Club Property Owners:
On September 6, 2024, Valiant Idaho and TIC Utilities, LLC became a regulated public
utility under the Idaho Public Utilities Commission (“IPUC”) Order No. 36312. As part of
regulation, TIC Utilities will soon be issued a Certificate of Public Convenience and Necessity by
the Commission and further be subject to Commission regulation and rules going forward.
These Rules and regulations are found in Chapter 31 of the Idaho Administrative Procedure Act
(“IDAPA”).
Water rates will continue to be billed at $45.00 per month or $135.00 quarterly until such
time as TIC Utilities and the IPUC can determine fair, just, and reasonably viable rates for
customers of the Idaho Club. Customers will have an opportunity to comment on this process
and have their input considered by the IPUC. TIC Utilities will notify customers as soon as that
process begins so that any comments or concerns may be timely submitted for IPUC
consideration.
Thank you in advance for your patience as we navigate public utility regulations.
Regards,
TIC UTILITIES,LLC
William Haberman
Manager
EXHIBIT B

EXHIBIT C

LEGAL DESCRIPTIONS

IDAHO PUBLIC UTILITY COMMISSION

TIC UTILITIES LLC - PROPOSED SERVICE AREA

GOLDEN TEE ESTATES PLANNED UNIT DEVELOPMENT (PHASE ONE)

All of the Lots and Blocks of GOLDEN TEE ESTATES PLANNED UNIT DEVELOPMENT (PHASE ONE),
according to the plat thereof, recorded in Book 6 of Plats, page 108, records of Bonner County, Idaho.

GOLDEN TEE ESTATES AND GOLDEN TEE ESTATES 1ST ADDITION AND UNPLATTED LAND

All of the Lots and Blocks of REPLAT OF GOLDEN TEE ESTATES AND GOLDEN TEE ESTATES 1ST
ADDITION AND UNPLATTED LAND, according to the plat thereof, recorded in Book 8 of Plats, page 77,
records of Bonner County, Idaho.

All of the Lots and Blocks of REPLAT OF LOTS 1 THROUGH 4, BLOCK 1 AND BLOCK 16A, REPLAT OF
BLOCKS 15 & 16 OF THE REPLAT OF GOLDEN TEE ESTATES & GOLDEN TEE
ESTATES 1ST ADDITION, according to the plat thereof, recorded in Book 9 of Plats, page 82, records of Bonner
County, Idaho.

GOLDEN TEE ESTATES 2nd ADDITION

All of the Lots and Blocks of GOLDEN TEE ESTATES 2nd ADDITION, according to the plat thereof, recorded in
Book 8 of Plats, page 79, records of Bonner County, Idaho.

GOLDEN TEE ESTATES 3rd ADDITION

All of the Lots and Blocks of GOLDEN TEE ESTATES 3rd ADDITION, according to the plat thereof, recorded in
Book 8 of Plats, page 78, records of Bonner County, Idaho.

GOLDEN TEE ESTATES 4TH ADDITION

All of the Lots and Blocks of GOLDEN TEE ESTATES 4TH ADDITION, according to the plat thereof, recorded in
Book 8 of Plats, page 80, records of Bonner County, Idaho.

GOLDEN TEE ESTATES 5th ADDITION

EXHIBIT C | Page 1 of 3 Pages

All Lots and Blocks of GOLDEN TEE ESTATES 5TH ADDITION, according to the plat thereof, recorded in Book
8 of Plats, page 81, records of Bonner County, Idaho.

GOLDEN TEE ESTATES 6th ADDITION

All of the Lots and Blocks of GOLDEN TEE ESTATES 6TH ADDITION, according to the plat thereof, recorded in
Book 8 of Plats, page 82, records of Bonner County, Idaho.

GOLDEN TEE ESTATES 7th ADDITION

All of the Lots and Blocks of GOLDEN TEE ESTATES 7TH ADDITION, according to the plat thereof, recorded in
Book 9 of Plats, page 13, records of Bonner County, Idaho.

GOLDEN TEE ESTATES 8th ADDITION

All of the Lots and Blocks of GOLDEN TEE ESTATES 8th ADDITION, according to the plat thereof, recorded in
Book 9 of Plats, page 7, records of Bonner County, Idaho.

GOLDEN TEE ESTATES 9th ADDITION

All of the Lots and Blocks of GOLDEN TEE ESTATES 9th ADDITION, according to the plat thereof, recorded in
Book 14 of Plats, page 36, records of Bonner County, Idaho.

GOLDEN TEE ESTATES 10th ADDITION

All of the Lots and Blocks of GOLDEN TEE ESTATES 10th ADDITION, according to the plat thereof, recorded in
Book 19 of Plats, page 31, records of Bonner County, Idaho.

GOLDEN TEE ESTATES 11th ADDITION

All of the Lots and Blocks of GOLDEN TEE ESTATES 11th ADDITION, according to the plat thereof, recorded in
Book 17 of Plats, page 34, records of Bonner County, Idaho.

GOLDEN TEE ESTATES 12th ADDITION

All of the Lots and Blocks of GOLDEN TEE ESTATES 12th ADDITION, according to the plat thereof, records of
Bonner County, Idaho - PENDING APPROVAL.

GOLDEN TEE ESTATES 13th ADDITION

EXHIBIT C | Page 2 of 3 Pages
All of the Lots and Blocks of GOLDEN TEE ESTATES 13th ADDITION, according to the plat thereof, records of
Bonner County, Idaho - PENDING APPROVAL.
JIM BROWN WAY
All of the Lots and Blocks of JIM BROWN WAY, according to the plat thereof, recorded in Book 16 of Plats, page
81, records of Bonner County, Idaho.
AMSTUTZ PARCELS
AMSTUTZ 1:
A parcel of land in Section 6, Township 57 North, Range 1 East, Boise Meridian, Bonner County, Idaho, described as
follows:
Beginning at the Northeast corner of Section 7, Township 57 North, Range 1 East, Boise Meridian; thence South 3320
feet, more or less, along the East line thereof to the Northerly right of way line of the Northern Pacific Railway; thence
Northwesterly along said right of way line 4490 feet; thence North 66° 08 ’East, 465 feet; thence North 45° 02 ’East, 595
feet; thence South 80° 38 ’East, 700 feet; thence North 26° 02 ’East, 475 feet; thence North 15° 42 ’East, 815 feet; thence
North 2° 02 ’East, 700 feet; thence North 13° 28 ’West, 487.27 feet to the True Point of Beginning; thence due West 586
feet to the West line of said Section 6; thence South along said West line 473.88 feet; thence due East 700.27 feet; thence
North 13° 28 ’West, 487.27 feet to the True Point of Beginning.
AMSTUTZ 2:
A parcel of land in Section 6, Township 57 North, Range 1 East, Boise Meridian, Bonner County, Idaho, described as
follows:
Beginning at the Northeast corner of Section 7, Township 57 North, Range 1 East, Boise Meridian; thence South 3320
feet, more or less, along the East line thereof to the Northerly right of way line of the Northern Pacific Railway; thence
Northwesterly along said right of way line 4490 feet; thence North 66° 07 ’East, 465 feet; thence North 45° 02 ’East, 595
feet; thence South 80° 38 ’East 700 feet; thence North 26° 02 ’East, 475 feet; thence North 15° 42 ’East, 815 feet to the
True Point of Beginning; thence North 2° 02 ’East, 700 feet; thence due West 700.07 feet, more or less, to the West line
of the Southeast quarter of Section 6, Township 57 North, Range 1 East, Boise Meridian; thence South along said West
line 700 feet; thence East 700 feet, more or less to the True Point of Beginning.
EXHIBIT C | Page 3 of 3 Pages
DECLARATION OF STEVEN B. CORDES, P.E., IN SUPPORT OF
VALIANT IDAHO, LLC’S MOTION TO MODIFY INJUNCTION
ENTERED APRIL 28, 2017 | Page 1
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Richard L. Stacey, ISB #6800
Jeff R. Sykes, ISB #5058
Chad M. Nicholson, ISB #7506
McCONNELL WAGNER SYKES & STACEY PLLC
827 East Park Boulevard, Suite 201
Boise, Idaho 83712
Telephone: [phone]
Facsimile: 208.489.0110
[e-mail]
[e-mail]
[e-mail]
Attorneys For Valiant Idaho, LLC
IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT
OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER
GENESIS GOLF BUILDERS, INC.,
formerly known as
NATIONAL GOLF BUILDERS, INC.,
a Nevada corporation,
Plaintiff,
vs.
PEND OREILLE BONNER
DEVELOPMENT, LLC,
a Nevada limited liability company; et al.,
Defendants.
Case No. CV-2009-1810
DECLARATION OF
STEVEN B. CORDES, P.E., IN SUPPORT
OF VALIANT IDAHO, LLC’S
MOTION TO MODIFY INJUNCTION
ENTERED APRIL 28, 2017
Honorable Barbara A. Buchanan
AND RELATED COUNTER, CROSS
AND THIRD PARTY ACTIONS
PREVIOUSLY FILED HEREIN.
Electronically Filed
10/30/2020 4:32 PM
First Judicial District, Bonner County
Michael W. Rosedale, Clerk of the Court
By: Brandy Steiger, Deputy Clerk
EXHIBIT D

DECLARATION OF STEVEN B. CORDES, P.E., IN SUPPORT OF
VALIANT IDAHO, LLC’S MOTION TO MODIFY INJUNCTION
ENTERED APRIL 28, 2017 | Page 2
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I, Steven B. Cordes, hereby state and declare:
1. I am a Principal Engineer and Vice President of Welch Comer Engineers
(“Welch Comer”) in Coeur d’Alene, Idaho, and I make this declaration based on my own
personal knowledge.
2. I have been with Welch Comer since 1995 and have designed multiple water and
wastewater systems, including treatment plants, groundwater wells, pump stations and reservoirs.
I am personally familiar with the development located in or around Sandpoint, Idaho,
commonly known as The Idaho Club (“The Idaho Club”). I am also generally familiar with the
approximate locations of the water system infrastructure for The Idaho Club.
3. Welch Comer was retained by Valiant Idaho, LLC (“Valiant”) and/or its
wholly-owned affiliate (i.e., TIC Utilities, LLC), to perform various engineering services on
Valiant’s behalf, including the preparation and submission of water permit applications and other
applications necessary to become a municipal water provider to the Idaho Department of
Water Resources (“DWR”) and the Idaho Department of Environmental Quality (“DEQ”). I am
very familiar with the permitting and approval process and regularly advise clients and help them
with the application process.
4. Welch Comer was also retained to help evaluate existing water and
sewer infrastructure, identify the locations to drill Valiant’s wells, design the construction of the
water system pump/control facility and associated improvements, and to perform other
engineering and surveying work necessary for Valiant to develop The Idaho Club.

DECLARATION OF STEVEN B. CORDES, P.E., IN SUPPORT OF
VALIANT IDAHO, LLC’S MOTION TO MODIFY INJUNCTION
ENTERED APRIL 28, 2017 | Page 3
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5. I am personally familiar with work that Valiant has performed at The Idaho Club
since April 28, 2017. Valiant has rebuilt the golf course clubhouse that burned down,
constructed roadways, installed utilities and other infrastructure, and has operated, monitored and
maintained its sewer and wastewater facilities. Valiant has also drilled two groundwater wells and
constructed a water system pump/control facility and associated improvements so that it can be
the sole municipal water provider to all properties located within The Idaho Club.
6. Valiant’s groundwater wells have been inspected and approved by the DWR
and DEQ. Attached hereto as Exhibit A is a true and correct copy of a letter dated
September 22, 2020 sent from DEQ to Valiant, on which I was copied, confirming that “a well
completion report has been accepted by DEQ . . . The record plans and specifications for this
project are hereby accepted and the new water system source wells are hereby authorized to serve
potable water.” DEQ has formally authorized Valiant to use the wells to supply municipal water
to properties within The Idaho Club and/or Hidden Lakes Estates.
7. On February 8, 2017, Welch Comer submitted a Facility Plan Overview to
the DEQ. Attached hereto as Exhibit B is a true and correct copy of a highlighted drawing that
was attached to the Facility Plan Overview and identified as “Figure 2: Valiant Idaho, LLC Water
System Facilities Serving Idaho Club Service Area” (“Figure 2”). Figure 2 was prepared by me
or by others under my direct supervision. In preparing this highlighted drawing, we reviewed Pend
Oreille Bonner Development, LLC’s (“POBD”) development drawings to identify locations where
POBD was supposed to have installed water infrastructure, and then highlighted the approximate
locations of the same on Figure 2. To the best of our ability we attempted to locate the
infrastructure based upon the information that was available to us at that time.

DECLARATION OF STEVEN B. CORDES, P.E., IN SUPPORT OF
VALIANT IDAHO, LLC’S MOTION TO MODIFY INJUNCTION
ENTERED APRIL 28, 2017 | Page 4
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8. Welch Comer has performed additional work for Valiant both on and offsite since
Figure 2 was prepared and submitted to DEQ, including, but not limited to, trying to identify with
more accuracy the locations where water infrastructure was installed onsite. We have learned that
some of the water system infrastructure shown on Figure 2 was likely never installed, and other
parts were likely installed differently than is shown on Figure 2. This is again based upon the
information that is available to me at this time. Because the original water system infrastructure
was installed over 10 years ago and it is buried underground, I cannot identify with certainty the
exact locations where the water system infrastructure is located without digging it up and testing it.
9. Based upon the things Welch Comer has learned performing this additional work,
we have prepared four new drawings identifying the approximate locations where we believe the
water system infrastructure was actually installed, and the direction that water flows, or will flow,
thru the water system depending upon whose pumps are used to operate the water system.
True and correct copies of these drawings are attached hereto as Exhibit C (“Updated Water
System Drawings”). The Updated Water System Drawings include: (a) page 1—Water System
Flow w/ VP’s Wells On; (b) page 2—Water System Flow w/ VP’s Wells Off; (c) page 3—Water
System Flow w/ Valiant Wells On; and (d) page 4—Water System Flow with Valiant Wells Off.
10. The 45,000-gallon reservoir identified on the Updated Water System Drawings as
the “Main Reservoir” is currently necessary for water services to be provided to The Idaho Club
or Hidden Lakes Estates. This is shown on the Updated Water System Drawings. The Main
Reservoir uses gravity to pressurize the water system when the pumps are turned off.

DECLARATION OF STEVEN B. CORDES, P.E., IN SUPPORT OF
VALIANT IDAHO, LLC’S MOTION TO MODIFY INJUNCTION
ENTERED APRIL 28, 2017 | Page 5
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11. As shown on page 1 of the Updated Water System Drawings, the water systems for
The Idaho Club and Hidden Lakes Estates currently operate as follows: VP, Incorporated’s (“VP”)
groundwater wells first fill the Main Reservoir and pressurize the two waterlines that only service
Hidden Lakes Estates and Valiant’s water infrastructure servicing The Idaho Club properties north
of Highway 200. VP’s wells also pressurize Valiant’s water infrastructure that travels south across
Highway 200 until it reaches a booster pump (“Booster 1” on the Updated Water
System Drawings), which then pumps water to pressurize Valiant’s water infrastructure between
Booster 1 and a second booster pump (“Booster 2” on the Updated Water System Drawings).
Booster 2 then pumps water until Valiant’s water infrastructure is fully pressurized to the top of
Moose Mountain and the water reservoir located there (“Moose Mountain Reservoir” on the
Updated Water System Drawings) is full.
12. Page 2 of the Updated Water System Drawings shows what happens when
VP’s wells stop pumping. This occurs after the water tanks are full and Valiant’s water
infrastructure and Hidden Lakes Estates’ water system are fully pressurized. After the pumps
shut off, water pressure is maintained by gravity using the water fed from either the Main Reservoir
or the Moose Mountain Reservoir. Without the Main Reservoir, the water pressure in the
Hidden Lakes Estates’ water system would not be maintained after the wells are turned off.
Water services cannot currently be provided to Hidden Lakes Estates without using the
Main Reservoir. Hidden Lakes Estates’ water system is not designed to allow VP’s groundwater
wells to run continuously. VP’s groundwater wells stay off until the water in the Main Reservoir
gets low enough.

DECLARATION OF STEVEN B. CORDES, P.E., IN SUPPORT OF
VALIANT IDAHO, LLC’S MOTION TO MODIFY INJUNCTION
ENTERED APRIL 28, 2017 | Page 6
I:\1547.201\PLD\Post-Trial\Injunction Modification -Cordes Dec 201030.docx
13. The 6” sections of Valiant’s water infrastructure that are identified on the
Updated Water System Drawings as part of the “Main Reservoir Waterline” are necessary for the
Hidden Lakes Estates water system to operate. The Main Reservoir Waterline connects directly
to the Main Reservoir and supplies the water gravity fed to Valiant’s water infrastructure north
and south of Highway 200. It is also used to fill the Main Reservoir when VP’s wells are operating
and to pressurize Hidden Lakes Estates’ waterlines with water from the Main Water Reservoir
when VP’s wells turn off. The Main Reservoir Waterline also provides water service to the
properties in Hidden Lakes Estates that are located adjacent to it. Parts of the Main Reservoir are
located on Idaho Club Lots, parts are in public rights-of-way, and other parts may be located on
lots in Hidden Lakes Estates.
14. Valiant’s wells have been drilled and are fully operational, pump control facilities
have been constructed, and DEQ has approved and authorized Valiant’s wells to provide potable
municipal water services to The Idaho Club. As such, Valiant is fully prepared to disconnect
Valiant’s water system infrastructure from the waterlines used only by Hidden Lakes Estates.
However, if Valiant were to do so, this would cut off water services to the properties in
Hidden Lakes Estates until such time as VP or Hidden Lakes Estates constructs its own
water reservoir and any other water system infrastructure necessary to provide water services to
Hidden Lakes Estates without using Valiant’s infrastructure.
15. The Updated Water System Drawings also show how the water systems will
function after Valiant’s wells begin operating. This is shown on pages 3 and 4 of Exhibit C.
When Valiant’s wells are on, they will fill the Main Reservoir, pressurize Valiant’s
water infrastructure, and pressurize the waterlines servicing Hidden Lakes Estates.

DECLARATION OF STEVEN B. CORDES, P.E., IN SUPPORT OF
VALIANT IDAHO, LLC’S MOTION TO MODIFY INJUNCTION
ENTERED APRIL 28, 2017 | Page 7
I:\1547.201\PLD\Post-Trial\Injunction Modification -Cordes Dec 201030.docx
Moreover, VP or Hidden Lakes Estates can easily separate from Valiant’s water infrastructure
once they have constructed their own water reservoir and infrastructure necessary to operate on
their own.
16. When Valiant’s wells are off, everything will operate exactly as it currently does
when VP’s wells are off.
17. To the best of my knowledge, VP has not constructed the water reservoir that is
necessary for it to isolate and provide sewer and water services to Hidden Lakes Estates without
using any of Valiant’s infrastructure. Now that Valiant has drilled its own wells and constructed
the pump control facilities and other infrastructure described in this declaration, Valiant is prepared
to provide water and sewer services to The Idaho Club without using any infrastructure owned by
Hidden Lakes Estates.

I DECLARE, under penalty of perjury, that the foregoing is true and correct.

DATED this 30th day of October 2020.

Steven B. Cordes
STEVEN B. CORDES, P.E.

DECLARATION OF STEVEN B. CORDES, P.E., IN SUPPORT OF
VALIANT IDAHO, LLC’S MOTION TO MODIFY INJUNCTION
ENTERED APRIL 28, 2017 | Page 8
I:\1547.201\PLD\Post-Trial\Injunction Modification -Cordes Dec 201030.docx

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the 30th day of October 2020, a true and correct copy of
the foregoing document was served via iCourt E-File upon the following party(ies):

Susan P. Weeks, Esq.
James, Vernon & Weeks, PA
1626 Lincoln Way
Coeur d’Alene, Idaho 83814
Telephone: [phone]

[e-mail]

Counsel For VP Incorporated

/s/ Richard L. Stacey
Richard L. Stacey

^rARf\
STATE OF IDAHO
DEPARTMENT OF
ENVIRONMENTAL QUALITY
2110 Ironwood Parkway . Coeur d'Alene, ID 83814 . [phone]
www.deq.idaho.gov Brad Little, Governor
Jess Byme, Director
September 22, 2020
William Haberman
Valiant Idaho, LLC
310 Charleston Pl.
Celebration, PL 34747
william.habennan me.com
Richard Villelli
VP, Inc.
863 Kaniksu Shores Rd
Sandpoint, D3 83864
dick villelli nw.com
Subject: Idaho Club Public Water System - Authorization to Serve from New Wells
Dear Messrs. Haberman and Villelli:
The Idaho Department of Environmental Quality (DEQ) has completed an inspection of the facilities relating
1° t!le. above referenced project. A well completion report has been accepted by DEQ. The constructed
facilities were evaluated based on the record plans and specifications stamped and signed by Steve Cordes,
P.E. on June 4, 2020. While the record drawings show material deviations from the approved constmction
plans and specifications, the system, as constructed, confonns to design previously approved by DEQ
The record plans and specifications for this project are hereby accepted and the new water system source
wells are hereby authorized to serve potable water. Once the wells have begun production, the Idaho Club
public water system will be subject to increased monitoring. This monitoring includes:
. Quarterly SOC, VOC, and Radionuclide sampling from the new sources
. Routine IOC sampling
. Semiannual lead and copper sampling from locations in the distribution system as approved in the
systems lead and copper monitoring plan
DEQ understMids that portions of the Idaho Club public water system infrastructure are under separate
ownership. Because components of the water system are under separate ownership, yet together still
fimction as one system, DEQ considers VP, Inc. and Valiant Idaho, LLC to be co-owners of the fdaho Club
public water system This co-ownership status is related only those activities required to operate and
maintain the Idaho Club public water system in accordance with IDAPA 58.01.08, and is not intended to
establish access rights or ownership of real property owned by either party. It is incumbent upon both parties
to ensure services to water system users are not intermpted, the safety of the water system 'is not
compromised, and all monitoring and reporting requirements are still met. If there any changes'to ownership
status or operation personnel in the future please contact DEQ prior to those changes takin place.
EXHIBIT
Mr. Haberman and Mr. Villelli
September 22, 2020
Page 2 of 2
Should you have any questions or require additional information, please do not hesitate to contact me at
[phone] or via e-mail.
Sincerely,
Matt Plaisted, P.E.
Engineering Manager
Matthew.Plaisted de .idaho. ov
Ec: Steve Cordes, Welch-Comer Engineers, scordes welchcomer.com
Bob Hansen, Water Systems Management, Inc., wsmibob aol.com
Jason Wereley, E3, iasondwerelev(%email.com
Anna Moody, Drinking Water Compliance Supervisor, amia.mood de .Idaho, ov
Tianna Drew, Drinking Water Analyst, tianna.drew de .idaho. ov
EDMS: ID1090195 : 2020AGD4377
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EXHIBIT
(i
^^(/Z°°
6"line to Reservoir
Resery.oir Waterline"
(Valiant)
Legend
Network Structure
Structure Type
Enclosed Storage Facility
B Meter Station
0 Other
Production Well
Pump Station
Storage Basin
Treatment Plant
Water Main
WaterlineUse
Hidden Lakes Estates
^^- Vfaliant Wfater System
BposterZ
(VSIiaht)
EXHIBIT
6ci,[cBiia.ii,i er,LEBiI^'i.,Et.iiIi6i.er<taigre[.[itK-,
ia>!I^-i)f-«i!!ri!iBg( g-AluO^, /.»s«'@Rf[-,~[Q<, wSSVi (
WSLCH-COMER ^
www.walchcomer.com
dtiar project without the'
Valiant Idaho, LLC
Water System Flow w/ VP Wells Off
Sources:
Banner County GIS
Valient Mapping
Aarial (saa above}
PROJECT MO..
DRAWN BY.....................
FILENAME....
DATE.....................,..,.....
......44026
..................CM
.......10302020 VPWellsOff
.................10f30CB20
^
^^f/l°°
Moose Mountain,Reservoir
(Valiant)
Legend
Network Structure
Structure Type
Enclosed Storage Facility
Meter Station
Other
Production Wtell
Pump StaUon
Storage Basin
Treatment Plant
Water Main
WfaterlineUse
-^- Hidden Lakes Estates
- Valiant Water System
tojis; i-t. m',e<;6f^hfc-terQ6!?ew-[;fitG5-,
®i'li®)!ffi! i^T'/MS^Ss^ewseSi.Wi.BfWvs-WS'
WSLCH-COMER
www.welchcomer.com 208-864-9382
COPTRICHTMI?
Thi» dotumwil. and UMttnd dwlgnt IneoipootmJ hfwn. as an matruiimt nl prohsBonal wrw,
.~'^SSK^»'±a.B£.£,y.££S£";^±;-i.l;"r"'i
Valiant Idaho, LLC
Water System Flow w/ VP Wells On
Banner County GIS
Valient Mapping
Aerial (aee above)
PROJECT NO..........
DRAWN BY..........
FILENAME. .............
DATE.......................
.,..,.....,.,.....44026
...CH
..............,.,10302020_VPWelbOn
............11X30/2020
^
^"«t00
Valiant Well #1
Valiant Well j»2
6" I ine'toi Reservoir
"Main Reservoir Waterline"
(Valiant)
Legend
Nehwork Structure
Structure Type
Enclosed Storage Facility
Meter Station
0 Other
Production Wtell
Pump Station
Storage Basin
Treatment Plant
Water Main
Waterline Use
^-^ Hidden Lakes Estates
-^ Valiant Water System
Bppster2
(V&liant)
WELCH-COMSn 'T7T
www.welchcomer.com
n^docunMnt.Brd_i^samJ(la6i^kKmpcratBdhemin,8SBnnBtnin»ntol|mfW*loml*trvie«,
itlhBprof>«tyolWBtafrComeraAssonate>.lnc..andBnattobBU*edlni*twhorln!»[ttorany'
rAAuouBtu.'inc"
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aCTa»?ffH>ia eSi6<SSf!S, fssisTtf^X'i'l, eri^v- HC-
Sources;
Valiant Idaho, LLC ^?=.
Water System Flow w/ Valiant Wells Off ESS!S?B^&::::r==r^26
FILENAME............,...........................10302020_VI]«ntWBllBO«
DATE.......,.....,......................,..,..,.....10/30/2020
a
ValiantWellffl
Valiant Well #2
^^
New
f Legend
Network Structure
Structure Type
Endosed Storage Facility
Meter Station
0 Other
Production Well
E3 Pump Station
Storage Basin
Treatment Plant
Water Main
Vteteriine Use
-. Hidden Lakes Estates
Valiant Wfater System
BposterZ
(Valiant)
WSLCH^CpM SR^ /'
www.welchcomer.com
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SfI®ta.iftR)>@ ..fiH( 3?©,fi3).3t?HF,TiE.;N',('fi!3flis
Sourcas:
Banner County GISValiant Idaho, LLC s^=.^
Water System Flow w/ Pliant Wells On ES£Sa:r::r=r::^26
FILENAME.,......................................ia302020_VallantWellaOn
OATE.................,..............................1(V30C020
Electronically Filed
8/5/2021 4:10 PM
First Judicial District, Bonner County
Michael W. Rosedale, Clerk of the Court
By: Charity Hadley, Deputy Clerk
EXHIBIT D
^yffi
Legend
Structure Type
Endosed Storage Badllty
PnxlucUonWell
m PumpStatkm
Water System Service Area
- Proposed VP Water System
-- Proposed Valiant Water System EXHIBIT
A
WeLChl-COMSR Valiant Idaho, LLC
Water System Overview
Bomw County GIS
PROJECT NO..^,....^-. -..-^«>a«
SiSS5E===:=:S,.
wx'^':.
EXHIBIT E