HomeMy WebLinkAbout20241008Decision Memo.pdf DECISION MEMORANDUM
TO: COMMISSIONER ANDERSON
COMMISSIONER HAMMOND
COMMISSIONER LODGE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: TRAVIS CULBERTSON—COMMISSION STAFF
ADAM TRIPLETT—DEPUTY ATTORNEY GENERAL
DATE: OCTOBER 8, 2024
SUBJECT: IN THE MATTER OF SYRINGA WATER COMPANY INC.'S
APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY; CASE NO. SWI-W-24-01.
On March 28, 2024, Syringa Water Company Inc. ("Company") applied for a Certificate
of Public Convenience and Necessity ("CPCN"), to provide water service near Coeur d'Alene,
Idaho.
On June 6, 2024, Idaho Public Utilities Commission ("Commission") established a June
20, 2024, as the public comment deadline and July 3, 2024, as the Company reply deadline. Staff
submitted comments and three members of the public filed comments.
On August 14,2024, Commission issued Order No. 36290, granting the Company a CPCN
to operate as a water utility within the State of Idaho; furthering ordering the Company to (1) file
updated and complete information about its water rights, (2)provide a full legal description of all
parcels connected to the Company's water system, (3) submit a Tariff, a Billing Statement, an
initial disconnection notice, a final disconnection notice, a notice of procedure for reconnection,
and a summary of rules.
On August 26, 2024, the Company emailed Staff the remaining legal description for the
missing parcels connected to the Company's water system. Company and Staff worked together
to put together a full and complete legal description. The CPCN should include each parcel
identified in Attachment 1 of this decision memorandum.
On August 27, 2024, the Company submitted its updated and complete water right
information.
DECISION MEMORANDUM 1 OCTOBER 8, 2024
On September 25, 2024, Company submitted the required documents, including: (1) a
Tariff, (2) a billing statement; (3) an initial disconnection notice; (4) a final disconnection notice;
(5) a notice of procedure for reconnection; and (6) a summary of rules. Staff reviewed the
Company's documents, including its Tariff, and confirmed they conform to Order No. 36290.
STAFF RECOMMENDATION
Staff recommends the Commission approve the Tariff submitted by the Company on
September 25,2024, as filed,with an effective date of August 14, 2024, consistent with Order No.
36290. Additionally, Staff recommends the Commission accept the legal description attached to
the decision memorandum as its CPCN territory.
COMMISSION DECISION
Does the Commission wish to approve full legal description, the water right, documents,
including a Tariff, submitted by the Company, as filed, with an effective date of August 14, 2024,
consistent with Order No. 36290?
Travis Culbertson
Auditor 3
1:\Uti1ity\UDMEM0S\SWIW2401 tc docx
DECISION MEMORANDUM 2 OCTOBER 8, 2024
Attachment 1
LEGAL DESCRIPTION
Lots 1, 2, 3, and 4 of Block 1 of the Plat of Camas Hill Estates, recorded in Book L of
Plats, Page 522, records of Kootenai County, Idaho.
TOGETHER WITH
Lots 1 of Block 1 of the Plat of Hammond's Corner, recorded in Book K of Plats, Page
438, records of Kootenai County, Idaho.
TOGETHER WITH
Lots 1, 2, 3, 4, 5, 6, and 7 of Block 1 of the Plat of Syringa Grove, recorded in Book K of
Plats, Page 264, records of Kootenai County, Idaho.
TOGETHER WITH
Lots 1 and 2 of Block 1 of the Plat of Syringa Heights Point,recorded in Book L of Plats,
Page 489A, records of Kootenai County, Idaho.
TOGETHER WITH
Lots 1, 2, 3, and 4 of Block 1 of the Plat of Syringa Heights, recorded in Book G of Plats,
Page 66, records of Kootenai County, Idaho.
TOGETHER WITH
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 of Block 1 of the Plat of Syringa Heights
First Addition, recorded in Book G of Plats, Page 168, records of Kootenai County,
Idaho.
TOGETHER WITH
Lots 1, 2, 3, 4, 5, 6, and 7 of Block 1 and Lot 1 of Block 2 of the Plat of Syringa Heights
Second Addition, recorded in Book I of Plats, Page 153, records of Kootenai County,
Idaho.
TOGETHER WITH
Lots 1, 2, 3, and 4 of Block 1 of the Plat of Syringa Heights Third Addition, recorded in
Book I of Plats, Page 368, records of Kootenai County, Idaho.
TOGETHER WITH
Lots 1, 2, 3, and 4 of Block 1 of the Plat of Syringa Heights Fourth Addition, recorded in
Book I of Plats, Page 369, records of Kootenai County, Idaho.
TOGETHER WITH
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of Block 1 and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9,
10, 11, and 12 of Block 2 of the Plat of Syringa Heights Fifth Addition, recorded in Book
J of Plats, Page 177, records of Kootenai County, Idaho.
Attachment 1-Legal Description
October 8, 2024, Decision Memorandum
Case No. SWI-W-24-01
TOGETHER WITH
Lots 1, 2, and 3 of Block 1 and Lots 1, 2, and 3 of Block 2 of the Plat of Syringa Heights
Sixth Addition, recorded in Book K of Plats, Page 296, records of Kootenai County,
Idaho.
TOGETHER WITH
Lots 1, 2, 3, and 4 of Block 1 and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 of Block 2 of the
Plat of Syringa Heights Seventh Addition, recorded in Book K of Plats, Page 297,
records of Kootenai County, Idaho.
TOGETHER WITH
Lots 1 of Block 1 of the Plat of Syringa Heights Eight Addition, recorded in Book L of
Plats, Page 17, records of Kootenai County, Idaho.
TOGETHER WITH
Lots 1, 2, and 3 of Block 1 of the Plat of Syringa Heights Ninth Addition, recorded in
Book L of Plats, Page 243, records of Kootenai County, Idaho.
TOGETHER WITH
A tract of land being a portion of Lot 1, Block 1, Syringa Heights Fifth Addition as recorded in
Book"J" of Plats at Page 177 in Section 29 and a portion of that certain tract described in
Instrument Number 1288608 located in the Northwest 1/4 of Section 28. Township 50 North,
Range 3 West. Boise Meridian, Kootenai County, Idaho and being described as follows:
BEGINNING at a found drill steel and zinc cap marking the Quarter comer between Section 28
and 29;
THENCE,North 89' 39' 02"West, a distance of 219.90 feet to a set iron rod and PLS 4194 cap;
THENCE,North 00' 35' 53"East; a distance of 634.47 feet to a set iron rod and PLS 4194 cap
on the centerline of an existing 20-foot sanitary sewer easement as recorded in Instrument
Number 1368707;
THENCE. along said easement centerline, along the arc of a curve right, concave to the
southwest, having a radius of 520.00 feet, through a central angle of 27' 11' 49", a arc distance
of 246.83 feet, whose chord bears S. 63' 28' 08"E., 244.52 feet to a set iron rod and PLS 4194
cap;
THENCE, leaving said easement, S. 75' 00' 00" East, a distance of 648.86 feet to a set iron rod
and PLS 4194 cap;
THENCE, South 03' 43' 08"East, a distance of 364.41 feet to a set iron rod and PLS 4194 cap
on the south line of the Northwest 1/4 of Section 28;
THENCE, along the south line of the Northwest 1/4 of Section 28, North 89' 33' 39"West. a
distance of 655.90 feet to the POINT OF BEGINNING
Attachment 1—Legal Description
October 8, 2024, Decision Memorandum
Case No. SWI-W-24-01
TOGETHER WITH
A tract of land being a portion of lot 1. Block I, Syringa Heights Fifth Addition es recorded in
Book"J" of Plats at Page 177 in Section 29 and a portion of that certain tract described in
Instrument Number 1288608 located in the Northwest 1/4 of Section 28. Township 50 North
Range 3 West, Boise Meridian. Kootenai County, Idaho and being described as follows:
COMMENCING at a found drill steel and zinc cap marking the Quarter comer between Sections
28 and 29;
THENCE, along the common line between Sections 28 and 29,North 00' 35' 53" East, a
distance of 526.58 feet to a set iron rod and PLS 4194 cap marking the intersection with the
centerline of a 20-foot wide sanitary sewer easement as recorded in Instrument Number 1368707
for the POINT OF BEGINNING;
THENCE, along the centerline of said existing 20-foot sanitary sewer easement the following
two (2) courses:
1. Along the arc of a curve left concave to the southwest. having I radius of 520.00 feet.
through a conatal angle of 35' 09' 49", an arc distance of 319.73 feet, whose chord bears
N. 670 27' 07"W., 314.15 feet to a set iron rod and PLS 4194 cap; thence
2. Along the arc of a curve right, concave to the northeast, having a radius of 554.87 feet,
through a central angle of 18' 02' 41". an arc distance of 174. 75 feet whose chord bears
N. 750 58' 03"W., 174.03 feet to a set iron rod and PLS 4194 cap;
THENCE, leaving said easement,North 22' 40' 24" East, a distance of 478.50 feet to a set iron
rod and PLS 4194 cap on the southerly right-of-way line of Interstate Highway 90;
THENCE. along said southerly right-of-way line of Interstate Highway 90 the following five (5)
courses:
1. South 79' 23' 40"East. a distance of 99.76 feet to a found brass cap in concrete; thence
2. South 790 11' 26"East. a distance of 185.63 feet to a found brass cap in concrete; thence
3. South 55' 13' 01"East, a distance of 732.58 feet to a set iron rod and PLS 4194 cap;
thence
4. South 80' 38' 00"East, a distance of 572.69 feet to a found brass cap in concrete; thence
5. South 40' 18' 32"East, a distance of 279.05 feet to a found brass cap in concrete;
THENCE, leaving said highway right-of-way line,North 89' 36' 27"West, a distance of 726.39
feet io a set iron rod and PLS 4194 cap;
THENCE,North 75' 00' 00"West, a distance of 648.86 feet to the POINT OF BEGINNING.
Attachment 1—Legal Description
October 8, 2024, Decision Memorandum
Case No. SWI-W-24-01
TOGETHER WITH
A tract of land being a portion of Lot 1, Block 1 Syringa Heights Fifth Addition as recorded in
Book"J" of Plats at Page 177 in Section 29, Township 50 North, Range 3 West, Boise Meridian,
Kootenai County, Idaho and being described as follows:
COMMENCING at a found drill steel and zinc cap marking the East '/4 corner of Section 29;
THENCE. along a portion of the east boundary of Lot 1, Block 1, Syringa Heights Fifth
Addition,North 89° 39' 02"West, a distance: of 219.90 feet to a set iron road and PLS 4194 cap
for the POINT OF BEGINNING;
THENCE, continuing along a portion of the east boundary of Lot 1, Block 1, Syringa Heights
Fifth Addition,North 89° 39' 02"West, a distance of 330.00 feet to a found iron rod and PLS
7875 cap;
THENCE, leaving said east boundary,North 10° 32' 00"West, a distance of 550.00 feet to a set
iron rod and PLS 4194 cap;
THENCE,North 21° 22' 59"East. a distance of 317.64 feet to set iron rod and PLS 4194 cap
on the centerline of a 20-foot wide sanitary sewer easement as recorded in Instrument Number
1368707;
THENCE, along said easement centerline, South 28° 18' 36"East, a distance of 171.11 feet to a
set iron rod and PLS 4194 cap;
THENCE, continuing along said easement centerline, along the arc of a curve left, concave to the
northeast, having a radius of 554.87 feet, through a central angle of 18° 02' 41", an arc distance
of 174.75 feet, whose chord bears S. 75° 58' 03" E., 174.03 feet to a set iron rod and PLS 4194
cap;
THENCE, along the arc of a curve left, concave to the southwest, having a radius of 520.00 feet,
through a central angle of 07° 58' 00", an arc distance of 72.30 feet,whose chord bears S. 81°
03' 02"E., 72.24 feet to a set iron rod and PLS 4194 cap;
THENCE, leaving said easement. South 00° 35' 13"West, a distance of 634.47 feet to the
POINT OF BEGINNING.
Attachment 1—Legal Description
October 8, 2024, Decision Memorandum
Case No. SWI-W-24-01
TOGETHER WITH
1863 S. Regatta Way, Tx. # 7305, Tx#20352, Sec 29, T50 R 3 W.
TOGETHER WITH
1395 S. Hillcrest Dr, Tx# 1258, Tx# 18874 in gov lot 2 Sec 29, T50, R3W.
TOGETHER WITH
1423 S. Hillcrest Dr, Tx#4354 ex RW Sec 29, T50, R3W.
TOGETHER WITH
1897 S. Silver Beach Rd, Silver Beach Park 1st.Add. Tx#5324. Sec 29 T50, R3W.
TOGETHER WITH
1873 S. Silver Beach Rd, Silver Beach Park 1st.Add Tx# 5323, Sec 29,T50, R3W.
TOGETHER WITH
2534 S. Silver Beach Rd, Tx#25613 (GL2) Sec 29, T50, R3W.
TOGETHER WITH
2641 S. Silver Beach Rd, Silver Beach Park Lots 40 & 41,ptn Vac Rd. Sec 29 T50, R3W.
TOGETHER WITH
2617 S. Silver Beach Rd, Silver Beach park. S1/21t 37, and lots 38 and 39 and pt vac rd. 29, 50
N. 3 W.
TOGETHER WITH
2508 S. Silver Beach Rd, Silver Beach Park, El10 ft Its 31&32 ex Tx#25757,pt vac Rd. Sec 29,
T 50, R3W.
TOGETHER WITH
2551 S. Silver Beach Rd, Silver Beach Park lots 35 & 36,N 1/2 It 37 & pt Vac Rd. Sec 29, T50 ,
R3W.
TOGETHER WITH
1578 S. Hillcrest Dr, Tx#24994 (in S1/2 SW 1/4) Sec 20, T50, R3W.
TOGETHER WITH
2006 S. Silver Beach Rd,undeveloped lot, Tx#24995 in (52-SW) 20, 50 N., 3W.
TOGETHER WITH
1426 S. Hillcrest Dr, Tx#4354 (in S 1/2, SW 1/4) Sec 20 T50, R3W.
TOGETHER WITH
2478 S. Silver Beach Rd, El10 ft. Lt 30 &part Vac Rd. Sec 29, T50, R3W.
TOGETHER WITH
2499 S. Silver Beach Rd, Silver Beach Park, Tx#25758 (Its 32 & 33) Sec 29, T50, R3W,
TOGETHER WITH
2519 S Silver Beach Rd, Silver Beach Park, Tx#25759 (Its 33 & 34) Sec 29, T50, R3W.
Attachment 1-Legal Description
October 8, 2024, Decision Memorandum
Case No.SWI-W-24-01
TOGETHER WITH
1657 S. Regatta way, Tx#21985 (in Lot 1) sec 29. T50, R3W.
TOGETHER WITH
Vac land SE '/4 lying W. and S. of Mullan Trail Rd. and East of 1-90. RW., 20, 50 N. 3W.
TOGETHER WITH
Vac land NE 1/4 lying N. of 1-90 RW, and west of Mullan Trail Rd RW., 29, 50 N. 3W.
Attachment 1—Legal Description
October 8, 2024, Decision Memorandum
Case No. SWI-W-24-01