20241008Decision Memo.pdf

DECISION MEMORANDUM
TO: COMMISSIONER ANDERSON
COMMISSIONER HAMMOND
COMMISSIONER LODGE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: ADAM TRIPLETT
DEPUTY ATTORNEY GENERAL
DATE: OCTOBER 8, 2024
SUBJECT: INVESTIGATION INTO DRY CREEK WATER COMPANY, LLC,
OWNER OF A WATER SUPPLY AND DISTRIBUTION SYSTEM; CASE
NO. DRY-W-24-01.
On May 24, 2024, the Commission issued Order No. 36195, which opened a formal
investigation into whether Dry Creek Water Company, LLC ("Company") is operating as a
public utility subject to Commission regulation. In the same order, the Commission set public
comment and Company reply deadlines. Commission Staff ("Staff') filed comments,
recommending that the Commission exercise regulatory jurisdiction over the Company.
On July 17, 2024, the Commission issued an order granting the Company the first of
multiple extensions of its reply comment deadline to engage in settlement negotiations with
Staff.' Over the next few months, the Company and Staff worked to resolve this case.
On September 23, 2024, Staff and the Company filed a joint motion to approve the
settlement that they had entered. A copy of the settlement was attached to the motion as Exhibit
A.
STAFF RECOMMENDATION
Staff recommends the Commission issue a Notice of Proposed Settlement and establish
comment deadlines for the parties and interested persons to comment on the proposed settlement.
Staff recommends an October 18, 2024, deadline for the public and all parties to file comments
1 The Company filed reply comments on June 26,2024.However,in granting the Company's first request to extend
its reply comment deadline, the Commission deemed those comments preliminary and authorized the Company to
file supplementary reply comments.
DECISION MEMORANDUM 1

related to the settlement. Considering the nature of the issues in this case, Staff believes a
customer hearing is unnecessary.
COMMISSION DECISION
Does the Commission wish to issue a Notice of Proposed Settlement, establishing an
October 18, 2024, deadline for the public and all parties to file comments related to the
settlement?
CUO-z.,
Adam Triplett
Deputy Attorney General
I:\Legal\WATER\DRY-W-24-01\memos\DRY W2401_dec5_at.doc
DECISION MEMORANDUM 2