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HomeMy WebLinkAbout20241009Application (Redacted).pdf RECEIVED Tuesday, October 08, 2024 IDAHO PUBLIC UTILITIES COMMISSION Case No: PLW-W-24-01 Stephen F.Smith, SMITH &MCOWEN Sarah B.McOwen, of Counsel ATTORNEYS AT LAW,CHTD. Principal steve@smithmcowenlaw.com 102 SUPERIOR STREET sarah@smithmcowenlaw.com P.O.BOX C SANDPOINT,ID 83864 Lawyers practicing TELEPHONE: (208)263-3115 Serving Idaho and at the intersection of FACSIMILE: (208)255-4325 California First and Superior smithmcowenlaw.com October 8, 2024 Commission Secretary Idaho Public Utilities Commission 11331 W. Chinden Blvd. Bldg. 8 Ste. 201-A Boise, ID 83714 [sent by certified mail and email to secretary@puc.idaho.gov] Re: Priest Lake Water LLC/Application for Certificate of Public Convenience and Necessity Dear Commission Secretary, An Application for Certificate of Public Convenience and Necessity (the "Certificate Application") is enclosed, together with the required supplemental information, for the water system owned by Priest Lake Water LLC (the "Company"). The water system (the "Water System") has the following contact information: Priest Lake Water LLC, Jared Horlacher, Owner 279 Tracy Lane Priest Lake, ID 83856 509-993-7013 jaredhorlacher@yahoo.com The Water System will supply water to a 113-lot subdivision in Bonner County, Idaho. Water will be provided for purposes in accordance with permits number 97-7368 and 97-9802 issued by the Idaho Department of Water Resources, including in-home potable purposes, commercial purposes, lawn irrigation, and fire protection. The Water System is located in Marvin Estates, Idaho at 279 Tracy Lane, Priest Lake, Idaho. Included with this Certificate Application are the following appendices with reference to the numerical item in the application to which it is associated: Question 1 Appendix 1 Company Operating Agreement Question 2 Appendix 2A Plat Commission Secretary, IPUC Page 2 of 2 October 8, 2024 Question 2 Appendix 2B Map Question 3 Appendix 3 Map Question 4 Appendix 4 DEQ Sanitary Survey, Cross Connection Control Policy Question 5 Appendix 5A Water Right License No. 97-7368 Question 5 Appendix 513 Permit to Appropriate Water No. 97-9802 Question 6 Appendix 6 Certificate of Drinking Water Distribution Operator Question 7 Appendix 7A Profit& Loss for 2021, 2022 and 2023. Question 7 Appendix 7B Annual Maintenance Costs Question 7 Appendix 7C Statement Regarding Financing of Upgrades Question 7 Appendix 8 Expected annual revenue Question 8 Appendix 14 Facility Plan Question I 1 Appendix 9 Monthly Metered Amount of Water Question 14 Appendix 10 Rate Structure Question 15 Appendix 11 Additional Charges and Fees Question 16 Appendix 12 Copy of Notice Question 13 Appendix 13A Bill Statement Question 13 Appendix 13B Reminder Notice-Termination of Service Question 13 Appendix13C Final Notice - Termination of Service Question 13 Appendix 13D Annual Rules Summary Question 13 Appendix 13E Company Tariff Question 13 Appendix 13F Company Main Extension Rules The current monthly rate is Thirty-Seven and no 00/100 Dollars($37.00). The Company has determined that, in order to reflect the actual costs of operating this water company, a rate increase to at least Ninety-Eight and no 00/100 Dollars ($98.00) for residential use and a new rate of at least One Hundred and no 00/100 Dollars ($100.00) for commercial use are needed, as outlined in Appendix 8 of this Certificate Application. Therefore, by this Certificate Application, the Company respectfully requests that the Commission approve increased rates of at least these amounts, to be effective December 1, 2024. The Company also respectfully requests a determination as to whether the Company falls under the Commission's regulatory jurisdiction and that the Commission issue a Certificate of Public Convenience and Necessity (CPCN) authorizing the Company to operate as a public utility in the state of Idaho in the certificated area encompassing the service area identified above. Thank you. Sincerely,Jaxo�ZOaKO Sarah B. McOwen Smith&McOwen, Attorneys at Law Enclosures: CPCN Application(3) cc: Jared Horlacher, Owner, Priest Lake Water LLC Application for Certificate of Public Convenience and Necessity 1. State the Name, Address and Form of Business, and include the following: a. Name of small water company (SWC): Priest Lake Water, LLC, organized in Idaho b. Business organization: LLC c. Copy of Certificate of Organization: See Appendix 1: Company Certificate of Organization d. Copy Company Operating Agreement: See Appendix 1. e. Business mailing address: 279 Tracy Lane, Priest Lake, Idaho 83856 2. Attach a geographical map and a legal description reflecting the boundaries for the certificated area to be served, both in portable document format("PDF"). The legal description should be provided using one, or a combination of the following preferred formats: (1)rectangular survey, (2)metes and bounds, and/or(3) lot and block. If the legal description using any of these formats references a platted property, please provide a copy of the recorded platted property from the county recorder's office, including the plat map and legal/property description. The legal description of the subdivision is 36-60W-5W Marvin Estates See Appendix 2A: Plat See Appendix 213: Map—Please note that this map shows seven parcels that have a water connection,but are not reflected on the Plat. These seven parcels are denoted by blue polygons on the Map. Permit No. 97-9802 from the Idaho Department of Water Resources includes those seven parcels. 3. Include a map, in PDF, or the water system that identifies the location of wells, reservoirs, water lines, booster pumps, valves, etc. If applicable, outline names of other water utilities near the requested service area and if there are any interconnection agreements in place. There are no interconnection agreements in place. See Appendix 3: Map 4. Attach a copy of Idaho Department of Environmental Quality ("DEQ") water system approval letter, its most recent sanitary survey, and/or any correspondence. See Appendix 4: DEQ Sanitary Survey and Cross Connection Control Policy 5. A copy of all water right licenses or permits. See Appendix 5A: Water Right License No. 97-7368 See Appendix 513: Permit to Appropriate Water No. 97-9802 6. Provide the name of the certified water operator with their certificate number. See Appendix 6: Certificate of Drinking Water Distribution Operator Number DWDVSWS-26354 7. Financial Information; a. Attach a copy of the water company's prior year financial statements, such as an income statement, balance sheet, or a profit and loss statement. See Appendix 7A Profit& Loss for 2021 and 2022. See Appendix 7B Annual Maintenance Costs See Appendix 7C Statement Regarding Financing of Upgrades b. Expected annual revenue with anticipated monthly water rates and other charges; See Appendix 8 c. If new water company and no financial history, provide a budget with expected costs to operate, monthly water rates, and other charges. N/A 8. Does the Company have a facility plan? If so, please provide a copy. See Appendix 14 (numbering is out of order, due to editing logistics) 9. Provide a thorough and complete description of the system. This should include any known deficiencies that need to be addressed to maintain system integrity and to support growth. The Company provides drinking water for a small community. The water system is licensed for 113 lots. There are currently 72 connections with paying customers. In order to maintain system integrity and to support growth, the following deficiencies need to be addressed: - The system infrastructure is nearly 30 years old. - Regarding the 120,000 gallon concrete tank o it is in need of cleaning, inside and out; o the concrete on the exterior is deteriorating; and o the concrete needs to be patched, sealed, and coated. - The submersible well pumps are hearing 30 years of service. - The system needs a backup generator. - The well lot and pump house need tree removal and security fencing. - The original developer of the water system did not install corporation stops on the main line service saddles. - The original developer of the water system used homeowner grade ball valves, instead of the proper Ford-style curb stops. - All service valves are failing and leaking over time. - Water meters were originally installed without proper meter settlers and backflow double checks. - The Company operator is in the process of upgrading all service valves and meters with up-to-date equipment and backflow prevention. - The Company operator would like to invest in modern technology to monitor its water and in transducers to measure water tank levels, temperatures, and well levels, etc. - The Company operator would like to invest in a structure to store pipe, fittings, and other materials. 10. If available, provide the following information for the Company's major equipment: a. Size and material of distribution piping; -8" & 6"—2+miles—C900 P.U.C. -Gravity pressure system b. Make, model, and capacity limit of storage tanks/reservoir, whether pressurized or unpressurized; -Concrete water tank holding 120,000 gallons, unpressurized c. Make, model, and rating of each booster pump and motor; -None d. Make, model, and rating of each well pump and motor; -Wells—2 8"wells at 200' depth -Pumps—2 submersible 10 hp. Fairbanks. -Pump house— 10'x 16' heated. e. Make, model, and capacity of all water treatment equipment; -None f. Year, make, model and capacity for a backup generator. Does it have an automatic transfer switch? -None 11. Provide the monthly metered amount of water(in gallons)pumped from each water source, for the past three year. If available,provide it in Microsoft Excel format. See Appendix 9 12. Provide any customer complaints received from customers regarding low water pressure, interruption of service, or poor water quality over the past three years. None. 13. Regarding the water system connections,please provide: a. Total connections currently receiving water, and identify how many are either residential, commercial, or other; Number of Residential accounts: 72 Number of Commercial accounts: 0 b. Additional connections the water system can provide water to. This could include vacant lots without service connections; and Number of Additional Accounts: 41 (including 30 residential/commercial pursuant to Permit No. 97-9802) c. If empty/vacant lot, are there meter pits or water service connection at the property easement?Yes, but these need to be replaced(see response to question 9). 14. Provide a copy of the current rate structure in proper tariff format, and, if available, a worksheet in Microsoft Excel format, of how it was calculated. If applicable, provide the prior rates and charges if changed within the past three year. Note: Rate structures vary between a flat-monthly charge to a basic charge with volumetric rates with allotted water amount at various block tiers. Rate structures could include charges by meter size and/or type of customer, i.e. residential or commercial. Lastly,rate structures may include seasonal rates such as summer and winter rates. See Appendix 10 15. Provide any additional charges and fees, such as hookup charges, reconnection fees, late fees, etc. See Appendix 11 16. It is required to inform your customers (if any) of the CPCN application. Provide a copy of a notice that is brief and describes the service area and current rates (upon request a sample can be provided). It should include the Commission's contact information: Idaho Public Utilities Commission PO Box 83720 Boise, Idaho 83720-0074. (208) 334-0300 See Appendix 12 17. Attach samples of the following (upon request samples can be provided): a. Bill statement- See Appendix 13A b. Reminder Notice-Termination of Service - See Appendix 13B c. Final Notice - Termination of Service - See Appendix 13C d. Annual Rules Summary- See Appendix 13D e. Company Tariff—including General Rules and Regulations(see Model Tariff 2008) - See Appendix 13E f. Company Main Extension Rules—(see Model Uniform Main Extension Rule of Water Utilities 2009) - See Appendix 13F Appendix 1 Company Certificate of Organization Company Operating Agreement 0003999610 'I STATE OF IDAHO 0 For Office Use Only ro .� Office of the secretaryofstate, Lawerence Denney w CERTIFICATE OF ORGANIZATION LIMITED LIABILITY -FILED- u, COMPANY 0 klaho sepet7lyOf She File#:0003999610 1.0 POBohp720 8372DOM Date Flied:91912020 8:33:58 AM 0 (208)334-2301 1.0 Filing Fee:$100.00 N 0 N Certificate of OrganiZalion Limited Liability Company 0 Select one: Standard, Expedited or Same Day Service(see Standard(filing fee$100) ro descriptions below) 00 1.Limited Liability Company Name ro ro Type of Limited Liability Company Limited Liability Company Entity name Priest Lake Water L.L.C. 2_The complete street address of the principal office is: Principal Office Address 204 COURTLEN CT, PRIEST LAKE, ID 83856-9825 0 3.The mailing address of the principal office is: (D Mailing Address 204 COURTLEN C T q PRIEST LAKE, ID 83856-9222 4.Registered Agent Name and Address Q.. Registered Agent JARED HORLACHER A Registered Agent Physical Address H 204 COURTLEN CT ;) PRIEST LAKE, ID 83856 Malling AddreSS �) 204 COURTL.EN CT n PRIEST RIVER,ID 83856 H 1811 affirm that the registered agent appointed has consented to serve as registered egent for this entity. R Qa 5.Govemors i.H Name Address 0 Jared L Horlacher 204 COURTLEN CT. 1 T PRIEST LAKE, ID 83856 rt Signature CfOrganizer. Q1 rt P Jared Horlacher 0910912020 t_. Sign Here Date Ql I H i' P t_) P Page l o f l Limited Liability Company Agreement of Priest Lake Water L.L.C. A Single Member Limited Liability Company THIS OPERATING AGREEMENT (this "Agreement") of Priest Lake Water L.L.C., (the "Company"), is executed and agreed to, for good and valuable consideration,by the undersigned members (the "Member"). I. Formation. A. State o f Formation This is a J:.,imited Liability Company Operating Agreement (the "Agreement") for Priest Lake Water L.L.C., a Member-managed Idaho.single member limited liability company (the "Company") formed under and pursuant to Idaho law. B. Operating Agreement Controls . To the extent that the rights or obligations o f the Members or the Company under provisions o f this Operating Agreement differ from what they.would be under Idaho law absent such a provision,this Agreement,to the extent permitted under Idaho law, shall control. C. Primary Business Address . The location o f the primary place o f business o f the Company is: 279 Tracy Ln., Priest Lake, Idaho 83856, or such other location as shall be selected from time to time by the Member. D. Registered Agent and Office . The Company's initial agent (the "Agent") for service of process is Jared Horlacher. The Agent's registered office is 204 Courtlen Ct., Priest Lake, Idaho 83856. The Company may change its registered office, its registered agent, or both, upon filing a statement with the Idaho Secretary of State. E. No State Law Partnership .No provisions o f this Agreement shall be deemed or construed to constitute a partnership (including,without limitation, a limited partnership) or joint venture, or any Member a partner or joint venturer of or with any other Member, for any purposes other than federal and state tax purposes. IL Purposes and Powers. A. :fw:Pose .The Company.is created for the following business purpose: Priest Lake Water L.L.C. services water to a number o f homes and properties in the Priest Lake community. B. Powers. the Company shall have all of the powers ofalimited liabilitl" company set forth under Idaho law. C Duration The Companys term shall commence upon the filing o f an Articles of Organization and all other such necessary materials with the state o f Idaho. The Company will operate until terminated as outlined in this Agreement unless: L The Member votes to dissolve the Company; 2. No Member o f the Company exists, unless the business o f the Company is continued in a manner permitted by Idaho law; 3. It becomes unlawful for either the Member or the Company tD continue in business; 4. A judicial decree is entered that dissolves the Company, Or 5. Any other event results in the dissolution o f the Company under federal or Idaho law. Ell. Member. A. The Member The sole member o f Priest Lake Water L.L.C. at the time of adoption o f this Agreement is Jared Horlacher (the "Member'). B. Initial Contribution. The Member shall make an Initial Contribution to the Company. The Initial Contributions shall be as described in Attachment A, Initial Contributions of the Member. -- No Member shall be entitled to interest on their Initial Contribution. Except as expressly provided by this Agreement, or as required by law, no Member shall have any right to demand or receive the return o f their Initial Contribution. C Limited Liability o fthe Member . Except as otherwise provided for in this Agreement or otherwise required by Idaho law, no Member shall be personally liable for any acts, debts, liabilities or obligations o f the Company beyond their respective Initial Contribution. The Member shall look solely to the Company property for the return o f their Initial Contribution, or value thereof, and i f the Company property remaining after payment or discharge o f the debts, liabilities or obligations o f the Company is insufficient to return such Initial Contributions, or value thereof, no Member shall have any recourse against any other Member, if any other Member exists, except as is expressly provided for by this Agreement. D. Creation or Substitution ofNew Members .Any Member may assign in whole or in part its Membership Interest only with the prior written consent of all Members. 1. Entire transfer .I f a Member transfers all o f its Membership Interest, the transferee shall be admitted to the Company as a substitute Member upon its execution of an instrument signifying its agreement to be bound by the terms and conditions ofthis Agreement. Such admission shall be deemed effective immediatelyupon the transfer, and, simultaneously, the transferor Member shall cease to be a Member of the Company and shall have no further rights or obligations under this Agreement. 2. Partial transfer .I f a Member transfers only a portion of its Membership Interest, the transferee shall be admitted to the Company as an additional Member upon its execution o fan instrument signifying its agreement to be bound by the terms and conditions o f this Agreement. 3. Whether a substitute Member or an additional Member, absent the written consent of all existing Members ofthe Company, the transferee shall be a limited Member and possess only the percentage ofthe monetary rights ofthe transferor Member that was transferred without any voting power as a Member in the Company. E. Member Voting . 1. Votingpower .In the event that the Company has multiple Members simultaneously, the Company's Members shall each have voting power equal to its share ofMembership Interest in the Company. F. Member's Duties .The Member shall cause the Company to do or cause to b done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutozy) and franchises. The Members also shall cause the Company to: 1. Maintain its own books, records, accounts, financial statements, stationery, invoices, checks and other limited liability company documents and bank accounts separate from any other person; 2. At all times hold itselfout as being a legal entity separate from the Member and any other person and conduct its business in its own name; 3. File its own tax returns, if any, as may be required under applicable law, and pay any taxes required to be paid under applicable law; 4. Not commingle its assets with assets o f the.Member or any other person, and separately identify, maintain and segregate all Company assets; 5. Pay its own liabilities only out of its own funds, except with respect to organizational expenses; 6. Maintain an arm's length relationship with the Member, and, with respect to all business transactions entered into by the Company with the Member, require.that_ the terms and conditions o f such transactions (including the terms relating to the amounts paid thereunder) are the same as would be generally available in comparable business transactions if such transactions were with a person that was not a Member; 7. Pay the salaries of its own employees, if any, out of its own funds and maintain a sufficient number o f employees in light o f its contemplated business operations; 8. Allocate fairly and reasonably any overhead for shared office space; 9. Not pledge its assets for the benefit of any other person or make any loans or advances to any person; 10. Correct any known misunderstanding regarding its separate identity; 11. Maintain adequate capital in light of its contemplated business purposes; 12. Cause the Member to meet or act pursuant to written consent and keep minutes of such meetings and actions and observe all other Idaho limited liability company formalities; 13. Make any permitted investments directly or through brokers engaged and paid by the Company or its agents; 14. Not require any obligations or securities o f the Member; and 15. Observe all other limited liability formalities. Failure o f the Member to comply with any o f the foregoing covenants shall not affect the status ofthe Company as a separate legal entity or the limited liability ofthe Member. G Fiduciary Duties ofthe Members. I. Loyalty and Care Except to the extent otherwise provided herein, the Member shall have a fiduciary duty of loyalty and care similar to that o f members of limited liability companies organized under the laws o f Idaho. 2. Competition with the Company. The Member shall refrain from dealing with the Company in the conduct o f the Company's business as or on behalf of a party having an interest adverse to the Company. The Member shall refrain from competing with the Company in the conduct ofthe Company's business. 3. Duties Only to the Company. The Member's fiduciary duties of loyalty and care are to the Company and not to any future Members or Officers. The Member shall owe fiduciary duties of disclosure, good faith and fair dealing to the Company,but shall owe no such duties to Officers and to the other Members. A Member who so performs their duties- shall not have any liability by reason ofbeing or having been a Member. 4. Reliance on Reports. In discharging the Member's duties, the Member is entitled to rely on information, opinions, reports, or statements, including financial statements and other :financial data, i fprepared or presented by any o fthe following: i One or more other Members, in the event that the Company has multiple Members, Officers, or employees ofthe Company whom the Member reasonably believes to be reliable and competent in the matters presented. ii. Legal counsel, public accountants, or other persons as to matters the Member reasonably believes are within the persons'professional or expert competence. iii. In the event that the Company has multiple Members, a committee o f Members o f which the affected Member is not a participant, i f the Member reasonably believes the committee merits confidence. IV. Accounting and Distributions, A. Fiscal Year. The Company's fiscal year shall end on the last day,o fDecember. B. Distributions .Distributions shall be issued, as directed by the Company's Treasurer or Assistant Treasurer, on a quarterly basis, based upon the Company's fiscal year. The distribution shall not exceed the remaining net cash o f the Company after making appropriate provisions for the Company's ongoing and anticipatable liabilities and expenses. Each Member shall receive a percentage o f the overall distribution that matches that Member's percentage o f Membership Interest in the Company. V. Tax Treatment Election. A. Tax Designation . The Company has not filed with the Internal Revenue Service for treatment as a corporation. Instead, the Company will be taxed as a pass-through organization. The Member may elect for the Company to be treated as a C-Corporation or a S-Corporation at any time. VI. Officers. A. Appointment and Titles o f Officers. The Officers o f the Company shall be appointed by the Member and shall consist o fat least a Chainnan, a Secretary and a Treasurer. The Member may also choose one or more President,Vice-President,Assistant Secretaries and Assistant Treasurers. Any number of offices may be held by the same person, as permitted by Idaho law. The Member may appoint such other Officers and agents as the Member shall deem necessary or advisable who shall hold their offices for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Member. The officers and agents o fthe Company shall hold office until their successors are chosen and qualified.Any Officer appointed by Member may be removed at any time,with or without cause,by the Member, or if there are multiple Members, an affirmative vote o f a majority o fthe Members. Any vacancy occurring in any office o fthe Company shall be filled by the Member. Unless the Member decides otherwise, i f the title o f an Officer is one commonly used for officers o f a limited liability company formed under Idaho law, the assignment o f such title shall constitute the delegation to such person o f the authorities and duties that are normally`associated with that office. L Chairman . The Chairman shall be the chief executive officer o f the Company, shall be responsible for the general and active management o f the business o f the Company and shall see that all orders and resolutions of the Members are carried into effect. The Chairman shall execute all contracts on behalf of the Company, except: i. where required or permitted by law or this Agreement to be otherwise signed and executed; ii. where signing and execution thereof shall be expressly delegated by the Member to some other Officer or agent o f the Company. 2. President In the absence o f the Chairman or in the event of the Chairmari s inability to act, the President shall perfomi the duties of the Chairman, and when so acting, shall have all the powers o f and be subject to all the restrictions upon the Chairman. The President shall perform such other duties and have such other powers as the Member may from time to time prescribe, 3. Vice Presidents. In the absence of the Chairman and President or in the event of their inability to act, any Vice-Presidents in the order designated by the Member (or, in the absence o f any designation, in the order o f their appointment by the Member) shall perform the duties of the Chairman, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Chairman. Vice-Presidents, if any, shall perform such other duties and have such other powers as the Member may from time to time prescribe. 4 Secretary andAssistant Secretary . The Secretary shall be responsible for filing legal documents and maintaining records for the Company. The Secretary shall attend and record all the proceedings o f the meetings o f the Company and o f the Member in a book to be kept for that purpose. The Secretary shall perform such other duties as may be prescribed by the Member cr the Chairman, under whose supervision the Secretary shall serve. 'Ilse Secretary shall cause tD be prepared such reports-and/or information as the Company is required to prepare by applicable law, other than financial reports. The Assistant Secretary,or i f there be more than one,the Assistant Secretaries in the order determined by the Member (cr i f there be no such determination, then in order o f their appointment by the Member), shall, in the absence o f the Secretary cr in the event o f the Secretary's inability to act, perform the duties and exercise the powers o f the Secretary and shall perform such other duties and have such other powers as the Member may from time to time prescribe. S Treasurer andAssistant Treasurer. The Treasurer shall have the custody o fthe Company funds and securities and shall keep fall and accurate accounts of receipts and disbursements in books belonging to the Company according to generally accepted accounting practices, using a fiscal year ending on the last day o f the month o f December. The Treasurer shall deposit all moneys and other valuable effects in the name and to the credit o f the Company in such depositories as may be designated by the.Member. The Treasurer shall distribute the Companys profits to the Member. The Treasurer shall disburse the funds o f the Company as may be ordered by the Member and shall render to the Chairman and to the Member, at regular intervals or when the Member so requires, an account of all o f the Treasurers transactions and of. the financial condition o f the Company. As soon as practicable after the end o f each fiscal year o f the Company, the Treasurer shall prepare a statement o f financial condition as ofthe last day ofthe Company's fiscal year, and a statement of income and expenses for the fiscal year then ended, together with supporting schedules. Each of said annual statem nts shall be prepared on an income tax basis and delivered to the Member forthwith upon its preparation. In addition, the Treasurer shall keep all financial records required to be kept pursuant to Idaho law. The Assistant Treasurer, or ifthere shall be more than one, the Assistant Treasurers in the order determined by the Member (or i f there be no such determination, then in.the order o f their appofutment), shall, in the absence ofthe Treasurer or in the event ofthe Treasurer's inability to act, perform the duties and exercise the powers ofthe Treasurer and shall perform such other duties and have such other powers as the Member may from time to time prescribe. B. Officers as Agents . The Officers, to the extent o ftheir powers set forth in this Agreement or otherwise vested in them by action ofthe Member not inconsistent with this Agreement,< are agents ofthe Company for the purpose ofthe Company's business, and the actions of the Officers taken in accordance with such powers shall bind the Company. C. Fiduciary Duties ofthe Officers. 1. Loyalty and Care. Except to the extent otherwise provided herein, each Officer shall have a fiduciary duty of loyalty and care similar to that of officers of limited liability companies organized under the laws of Idaho. VII. Dissolution. A. Limits on Dissolution . The Company shall have a perpetual existence,and shall be dissolved, and its affairs shall be wound up only upon the provisions established in Section H (C) above. Notwithstanding any other provision'o fthis Agreement, the Bankruptcy of any Member shall not cause such Member to cease to be a Member ofthe Company and upon the occurrence of such an event, the business o f the Company shall continue without dissolution. Each Member waives any right that it may have to agree in writing to dissolve the Company upon the Bankruptcy o f any Member or the occurrence of any event that causes any Member to cease to be a Member ofthe Company. B. Winding Up .Upon the occurrence o f any event specified in Section Il(C), the Company shall continue solely for the purpose ofwinding up its affairs in an orderly manner, liquidating its assets, and satisfying the claims of its creditors. The Member, or in the event ofmultiple Members, one or more Members, selected by the remaining.Members, i shall be responsible for overseeing the winding up and liquidation ofthe Company, shall take full account ofthe liabilities ofthe Company and its assets, shall either cause its assets to be distributed as provided under this Agreement or sold, and if sold as promptly as is consistent with obtaining the fair market value thereof; shall cause the proceeds therefrom, to the extent sufficient therefor, to be applied and distributed as provided under this Agreement. C. Distributions in Kind.Any non-cash asset distributed to one or more Members in liquidation o f the Company shall first be valued at its fair market value (net o f any liability secured by such asset that such Member assumes or takes subject to) to determine the profits or losses that would have resulted if such asset were sold for such value, such profit or loss shall,then be allocated as provided under this Agreement. The fair market value of such asset shall be determined by the Members or, if any Member objects, by an independent appraiser(any such appraiser must be recognized as an expert in valuing the type of asset involved) approved by the Members. D. Termination. The Company shall terminate when (i) all ofthe assets ofthe Company, after payment of or due provision for all debts, liabilities and obligations o fthe Company, shall have been distributed to the Member in the manner provided for under this Agreement and (ii)the Company's registration with the state ofIdaho shall have been canceled in the manner required by Idaho law. E. Accounting . Within a reasonable time after complete liquidation, the Company Treasurer shall furnish the Members with a statement which shall set forth the assets and liabilities ofthe Company as at the date of dissolution and the proceeds and expenses-ofthe disposition thereof. F. Limitations on Payments Made in Dissolution .Except as otherwise specifically provided in this Agreement, each Member shall only be entitled to look solely to the assets ofthe Company for the return of its Initial Contribution and shall have no.recourse for its Initial Contribution and/or share ofprofits (upon dissolution or otherwise),against any other Member, if any other such Member exists. G Notice to Idaho Authorities .Upon the winding up ofthe Company, the Member with the highest percentage ofMembership Interest in the Company shall be responsible for.the filing of all appropriate notices of dissolution with Idaho and any other appropriate state or federal authorities or agencies as may be required by law. V111. Exculpation and Indemnification. A. No Member, Officer, employee or agent ofthe Company and no employee, agent or affiliate of a Member (collectively,the "Covered Persons") shall be liable to the Company or any other person who has an interest in or claim against the Company for any loss, damage or claim incurred by reason of any act or omission performed or omitted by such Covered Person in good faith on behalf o f the Company and in a manner reasonably believed to be within the scope of the authority conferred on such Covered Person by this Agreement, except that a Covered Person shall be liable for any such loss, damage or claim incurred by reason of such Covered Person's gross negligence or willful misconduct B. To the fullest extent permitted by applicable law, a Covered Person shall be entitled to indemnification from the Company for anyloss, damage or claim incurred by such Covered Person by reason of any act or omission performed or omitted by such Covered Person in good faith on behalf o f the Company and in a manner reasonably believed to be within the scope o f the authority conferred on such Covered Person by this Agreement, Expenses, including legal fees, incurred by a Covered Person defending any claim, demand, actio suit or proceeding shall be paid by the Company. The Covered Person shall be liable to repay such amount if it is determined that the Covered Person is not entitled to be indemnified as authorized in this Agreement No Covered Person shall be entitled to be indemnified in respect o f any loss; damage or claim incurred by such Covered Person by reason o f such Covered Person's gross negligence or willful misconduct with respect to such acts or omissions. Any indemnity under this Agreement shall be provided out o f and to the extent o f Company assets only. C A Covered Person shall be fully protected in relying in good faith upon the records o f the Company and upon such information, opinions, reports or statements presented to the Company by any person as to matters the Covered Person reasonably believes are within such other person's professional or expert competence and who has been selected with reasonable care by or on behalf o fthe Company, including information, opinions, reports or statements as to the value and amount o f the assets, liabilities, or any other facts pertinent to the existence and amount o f assets from which distributions to the Member might properly be paid. D. To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating thereto to the Company or any other Covered.Person, a Covered Person acting under this Agreement shall not be liable ID the Company or to any other Covered Person for its good faith reli ce on the provisions o f this Agreement The provisions o f the Agreement, to the extent that they restrict the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the Member ID replace such other duties and liabilities of such Covered Person. E. The foregoing provisions o fthis Article VIR shall survive any termination o f this Agreement. IX. Insurance. The Company shall have the power to purchase and maintain insurance, including insurance on behalfo fany Covered Person against any liability asserted against such person and incurred by such Covered Person in any such capacity, or arising out o f such Covered Person's status as an agent o fthe Company, whether or not the Company would have the power to indemnify such person against such liability under the provisions o f Article VIII or under applicable law. X. General Provisions. A. Notices .All notices, offers or other communications required or permitted to be given pursuant to this Agreement shall be in writing and may be personally served or sent by United States mail and shall be deemed to have been given when delivered in person or three (3)business days after deposit in United States mail, registered or certified,postage prepaid, and properly addressed, by or to the appropriate party. B. Number ofDays. In computing the number ofdays (other than business days) for purposes o fthis Agreement, all days shall be counted, including Saturdays,,Sundays and holidays,provided, however, that i fthe final day o fany time period falls on a Saturday, Sunday or holiday on which national banks are or may elect to be closed, then the final day shall be deemed to be the next day which is not a Saturday,, Sunday or such holiday. C. Execution o f Counterparts . This Agreement may be executed in any number o f counterparts, each o fwhich shall be an original, and all o fwhich shall together constitute one and the same instrument. D. Severability, . The provisions o fthis Agreement are independent o f and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue o fthe fact that for any reason any other or others o fthem maybe invalid or unenforceable in whole or in part. E. Headings .The Article and Section headings in this Agreement are for convenience and they form no part o fthis Agreement and shall not affect its interpretation. F. Controlling Law . This Agreement shall be governed by and construed in all respects in accordance with the laws o fthe state o fIdaho (without regard to conflicts oflaw principles thereof). G. Awlication o fldaho Law. Any matter not specifically covered by aprovision o fthis Agreerent shall be governed by the applicable provisions o f Idaho law. R Amendment .This Agreement may be amended only by written consent ofthe Member. Upon obtaining the approval of any such amendment, supplement or restatement as to the Certificate, the Company shall cause a Certificate ofAmendment or Amended and Restated Certificate to be prepared, executed and filed,in accordance with Idaho law. I. Entire Agreement .This Agreement contains the entire understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements and understandings, inducements or conditions, express or implied, oral or written, except as herein contained. IN WITNESS WHEREOF, the Member has executed and agreed to this Limited Liability Company Operating Agreement,which shall be effective as of September 09, 2020. This LLC Operating Agreement is executed and agreed to by; Jared Horlacher jaredhorlacher@yahoo.com December 23, 2020 at 01:28 pm Recorded at IP 208.81.157.58 ATTACHMENT A Initial Contributions of the Member The Initial Contributions o f the Member of Priest Lake Water L.L.C. are as follows: Jared Horlacher Contribution: 20 Yrs experience in the construction industry. valued at$0.00 Appendix 2A Plat 5133nC r--/Fr SURVEYORS CERTIFICATE !! OWNER'S CERTIFICATE °ON 4 MS"ON". S° UN - M�/��A�77R5�7V/� I�5N7�7 @E�5,�ST�7AT�ry7E�Sy�7 ""o„sw„s°".�,wa.E !�I\�J�JSOlSV �Vp 15 17t'/�5 e Vl�l6V'op 1936V�a NJ 171%R,lJeHkSe °E o-'a�.91 srr um + Comm,��® „.°or~c°" o.w"E"'.�T-1 ,••ee s,.z x a,e� ezcx ws " "'"`°°"ERTFICATE COUNTY SUVYOR'SCZP. o PLANNING COMMIS SI�ON CERTIFIC v 11 ���� n Nr PLANNING DIRECTOR'S CERTIFICATE �� _ >) N. PANHANDLE HEALTH DISTRICT 1 m °°' $-z„<=, A N—TO ODE `! BLOCK 1 j u.w""w�� .o °ate �I T.. °"°b COUNTY"TREASURER'S CERTIFICATE "°`"" \r�� NCO Oa' 15 °"° °° °° eY° ,°.,.>ao who fir• = '` u„E 5 � � .N°'" �� , '/ \� COUNTY COMMISSIONERS' CERTIFICATE' —-� _ ---- W"• a ACKNOWLEDGMENT RECORDER'S CERTIFICATE" p" `'�, "°ter °„ „�,, q�- ' IT".csa:.sM'`c nn °mx ,+yL.�„ <h y s°c"aud"i°"11-1"`°u-�wm�"n"r�s—�tr. f":wfii�4T� „eE r"�P"z." Z,°„o,oa,°°. MARVIN ESTATES SECTION 36 TWP.60N. RNG.SW. B.M. 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No. 882, 1982. WETLAND '8' IN V HOMEOWNERS PEDESTRIAN ACCESS PROPERTY LINE ••.•.... .�.. C'7 PLAT AND INGRESS/EGRESS UTILITY J OU � (.)'J d9:Q5ZAJ1..4estSM EASEMENT FOR IOT 91 -- Jti tJV i CIO i m n r Appendix 4 DEQ Sanitary Survey and Cross Connection Control Policy Sanitary Survey Prelimin,ry Inspection Findings Form System None: _ r !e s J k 1/6 v i u/ - PWS #: _to] 0 ct t Inspection Date: _\d\ /6 l. Time Closing Conference Begins: .l /--ifr---Time Closing Conference Ends: Inspector: t tir�'"� Phone#:- - - - - - - - - - - rint Njime) Inspector: Finail: _i J f o f s 41 =— (Signature) O ,5joV Facility Representative: Title:-------------- _ t Na e P _ 1 Facility Representative: Email: �t�! (yter1o.L1 (Signature) Note: Your signature indicatesyou have received this document, but does not imply agreement with the findings. Significant Deficiencies noted during inspection: In accordance with IDAPA 58.01.08.008.02., the health hazards identified below must be mitigated as required by the Department and corrected within a time schedule established by the Department. Correction Tkne Frame Urgent Action Specify in Corrective Required Action Plan 1. 1 O ► I 0 days/hrs. ` ❑ 0 — days/hrs. ❑ 2. ---------------------------- - 0 days/hrs. ❑ O — days/hrs. ❑ 4.---------------------------- days/hrs. ❑ 5. -- days/hrs. ❑ 0 Additional items attached Po tial Deficienc;es Pe1J1 ling Review: i. (� cA-t. set t t (d (e,". L'(h an 0(/M 0 yI 4. CGS f�' , Ltnnn Additional ite..,attached 1)/1 S /t r'i I i1j, 0 1 ' V Free Technical Assistance(Third Pa rvice Provider): Yes' D No D Financial: a)rate reviews, b)budgeting,c)finding loans and grants,d)capital improvement planning 0 Training: a) operator,b)board/council,c)asset management,d)developing policies and procedures D Technical Assistance: a)leak detection,b)line location,c)distribution,d)treatment,e)other 0 System Operation: a)best practices guidance,b)emergency response,c)vulnerability assessment D Source Water Protection: a)planning b)implementation PWS Contact Name: ------ ---------- Phone#:._ Original-Inspector for registration in TRIM Copy-Public Water System Owner/Operator Updated: 12/1/2020 Priest Lake Water LLC ID1090229 Cross Connection Control Policy SECTION 1. CROSS-CONNECTION CONTROL-GENERAL POLICY 1.1. Purpose. The purpose of this Policy(the term"Policy",herein used, shall mean the"Priest Lake Water LLC Cross Connection Control Policy") is: 11.1. To protect the public potable water supply of Priest Lake Water from the possibility of contamination or pollution by isolating at the source such contaminants or pollutants which could backflow into the public water system; and, 1.1.2. To promote the elimination or control of existing cross connections,actual or potential, and, 1.1.3. To provide for the maintenance of a continuing program of cross connection control, which will systematically and effectively prevent the contamination or pollution of all potable water systems. 1.2. Responsibility. Priest Lake Water shall be responsible for the protection of its public potable water distribution system from contamination or pollution due to the backflow of contaminants or pollutants.Priest Lake Water LLC customers are responsible for aiding in Priest Lake Water's Cross Connection Control Policy by maintaining proper protective measures within their individual home plumbing systems. Priest Lake Water has the responsibly to require water customers to install and continually operate and maintain approved backflow-prevention devices or assemblies wherever deemed appropriate in order to be in compliance with IDAPA 58.01.08.552.06 and UPC 603. SECTION 2. DEFINITIONS 2.1. Approved. 1) The term"approved" as herein used in reference to a water supply shall mean a public water supply that has been approved by the Idaho Department of Environmental Quality.2) The term"approved" as herein used in reference to an air gap, a double check valve assembly,a reduced pressure principle backflow prevention assembly or other backflow prevention assemblies or methods shall mean approved per Uniform Plumbing Code 603. 2.2. Auxiliary Water Supply.Any water supply.Ctbr available to the premises other than Priest Lake Water's approved public water supply. These auxiliary waters may include water from a purveyor other than Priest Lake Water,private well sources,or any natural source(s) such as a spring,river, stream, used waters,or industrial fluids. These waters may be contaminated or polluted,or they may be objectionable and constitute an unacceptable water source over which Priest Lake Water does not have sanitary control. 2.3. Backtlow. The undesirable reversal of flow of water or mixtures of water and other liquids, gases, or other substances into the distribution pipes of the potable supply o f water from any source or sources. 2.4. Backpressure. Any elevation ofpressure in the downstream piping system above the supply pressure at the point o f consideration;which would cause reversal o f the normal direction o f flow. This could be caused by pumps,elevation, steam pressure, air pressure, etc. 2.5. Backsiphonage. Back:flow caused by negative or reduced pressure in the supply piping. 2.6. Backftow Prevention Assembly.A mechanical device desig„ed to prevent backflow that can be tested in line.Each assembly should contain two resilient seated shut offvalves,test cocks for testing purposes, and a back:flow prevention unit. Types o f assembly will be determined by degree o fhazard and back:flow condition. 2.7. Contamination. An impairment o f a potable water supply by the introduction or admission of any foreign substance that degrades the quality and creates a health hazard. 2.8. Cross Connection. A connection or potential connection between any part o f a potable water system and any other environment containing other substances in a manner that has the potential to allow such substances to enter the potable water system. Other substances may be gases,liquids or solids, such as chemicals,waste products, steam,water from other sources (potable or non potable), or any matter that may change the color or add odor to the water. 2.9. Cross Connections Controlled. A connection between a potable water system and a non potable water system with an approved backflow prevention assembly properly installed and maintained so that it will continuously afford the protection commensurate with the degree o f hazard. 2.10. Cross Connection Control by Containment. The installation o f an approved back:flow- prevention assembly at the water service connection to any customer's premises;where it is physically and economically unfeasible to find and permanently eliminate or control all actual or potential cross- connections within the customer's water system; or it shall mean the installation of an approved back:flow-prevention assembly on the service line leading to and supplying a portion o f a customer's water system where there are actual or potential cross-connections that cannot be effectively eliminated or controlled at the point o fthe cross-connection. 2.11. Cross Connection Control by Internal Protection. Fixture isolation and/or isolation ofan area or zone. Protection at the fixture means installing an approved backtow preventer at the source of the potential hazard within a specific area. 2.12. Hazard, Degree of. The term is derived from an evaluation o fthe potential risk to public health and the adverse effect o fthe hazard upon the potable water system. 2.12.1. Hazard: Health. A cross connection or potential cross connection involving any substance that could, if introduced into the potable water supply,cause death or illness, spread disease, or have a high probability o f causing such effects. 2.12.2. Hazard: Plumbing, A plumbing-type cross connection in a consumer's potable water system that has not been properly protected by an approved air gap or an approved back-flow- prevention assembly. 2.12.3. Hazard: Pollution. A cross-connection or potential cross-connection involving any substance that generally would not be a health hazard but would constitute a nuisance•or be aesthetically objectionable, if introduced into the potable water supply. 2.12.4. Hazard: System. An actual or potential threat o f severe danger to the physical properties o f the public water system or the consumer's potable water system or o f a pollution or contamination that would have a protracted effect on the quality o f the potable water in the system. 2.13. Industrial-Fluids System. Any system containing a fluid or solution that may be chemically, biologically or otherwise contaminated or polluted in a form or concentration that would constitute a health, system, pollution or plumbing hazard if introduced into an approved water,supply. This may include, but is not be limited to, polluted or contaminated waters; all types o f process waters,and used waters originating from the public potable water system that may have deteriorated in sanitary quality; chemicals in fluid form; plating acids and alkalies; circulating cooling waters connected to an open cooling tower; and/or cooling waters that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters such as from wells, springs, streams,rivers,bays,harbors, seas, irrigation canals or systems, and so forth; oils, gases, glycerin,paraffins,caustic and acid solutions and other liquid and gaseous fluids used in industrial or other purposes for firefighting purposes. 2.14. Pollution. The presence o f any foreign substance in water that tends to degrade its quality but does not necessary pose a risk to human health i f consumed. 2.15. Water,Potable. Water that is deemed safe for human consumption, as determined by the standards set forth by the Department o f Environmental Quality and defined in the Idaho Rules For Public Drinking Water Systems,IDAPA 58.01.08. 2.16. Water,Non potable. Water that is not safe for human consumption or that is f questionable quality. 2.17. Water, Used. Any water supplied by the Priest Lake Water to a consumer's service, after it has passed through the point o f delivery and is no longer under the sanitary control o fPriest Lake Water. SECTION 3. REQUIREMENTS 3.1. Water Sy tem 3.1.1. Priest Lake Water's drinking water system consists o fthe source facilities and the distribution system and shall include all those facilities o fthe water system under the complete control o f Priest Lake Water. 3.1.2. The source shall include all components o fthe facilities utilized in the production, treatment, storage and delivery o f water to the distribution system. 3.1.3. The distribution system shall include the network o f conduits used for the delivery o f water from the source to the water system customers/users. The distribution system terminates at the meter box. 3.2. Policy 3.2.1. Conditions for Service- No water service connection shall be installed or maintained by Priest Lake Water unless the following conditions have been met: 3.2.1.1. Any occupant or tenant has been made aware o f Priest Lake Water's Cross Connection Control Policy and understands his or her responsibility to not create or maintain any unprotected cross-connections, and; 3.2.1.2. Priest Lake Water has completed a cross-connection control survey of the facility, and; 3.2.1.3. The water supply is protected as required by this Policy and IDAPA 58.01.08.552.06 and UPC 603. 3.2.2. Right o f Inspection -I t is the duty o f the Priest Lake Water to inspect all properties served by the Priest Lake Water for the purpose of determining whether unprotected cross connections or other structural or sanitary hazards, including violations o f these regulations,exist. When such a condition becomes known or inspection is not permitted by the property owner, Priest Lake Water shall immediately eliminate the cross-connection by providing for a physical break in the service line or correcting the condition(s) in conformance with this Policy, local and state regulations relating to plumbing and water supplies and the regulations adopted pursuant thereto. 3.2.3. Premises or Facilities Requiring Protection-An approved backflow prevention device or assembly shall be installed according to local plumbing regulations and prior to any branch line wherever the following conditions exist: 3.2.3.1. In the case o f an auxiliary water supply which is not or may not be o f safe bacteriological or chemical quality and which is not acceptable as an additional water source by the Idaho Department of Environmental Quality, Priest Lake Water shall be protected against backflow by installing in the service line an approved backflow prevention assembly commensurate with the degree o f hazard,and in conformance with the Idaho State Plumbing Code (ISPC). 3.2.3.2. In the case of any industrial fluids or any other objectionable substance that is handled in such a fashion as to create an actual or potential hazard to.the potable water system,the potable water system shall be protected against backflow by installing an approved backflow prevention assembly in the service line, commensurate with the degree o f hazard. This shall include the handling o fprocess waters and waters originating from Priest Lake Water's which have been subject to deterioration in quality. 3.2.3.3. In the case of(1) internal cross connections that cannot be permanently corrected or protected against, or(2) intricate plumbing,and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes,making it impracticable or impossible to ascertain whether or not dangerous cross connections exist, Priest Lake Water shall be protected against backflow by installing an appr>Ved backflow prevention assembly in the service line. 3.2.4. Type of Protection Required-The type of protective assembly required under subsections 3.2.3.1, 3.2.3.2, and 3.2.3.3 above shall depend upon the degree o f hazard v,vhich exists as follows: 3.2.4.1. In the case o f an auxiliary water supply as stated in subsection 3.2.3.1 o f this section that is not subject to any o f the following rules,the Priest Lake Water shall be protected by an approved air gap or an approved reduced pressure principle backflow prevention assembly. 3.2.4.2. In the case o fwater or a substance that would be objectionable but not hazardous to health,i fintroduced into the public water system,the Priest Lake Water will be protected by,at minimum,an approved double check valve backflow prevention assembly. 3.2.4.3. In the case o f any material dangerous to health that is handled in such a fashion as to create an actual or potential hazard to the public water system,the Priest Lake Water shall be protected by an approved air gap or an approved reduced pressure principle backflow prevention assembly. 3.2.4.4. In the case o f"uncontrolled" cross connections, either actual or potential,the Priest Lake Water shall be protected by an approved air gap or an approved reduced pressure principle backflow prevention assembly. ,3.2.4.5. Priest Lake Water customers that have sprinkler or irrigation systems at their property are required to have an approved backflow assembly installed and inspected annually that complies with Idaho Plumbing Code(IPC).Double check valve assemblies are no longer deemed appropriate for the degree o f hazard present in irrigation systems, and a more protective assembly is required at these sites. 3.2.5. Assembly Standards and Specifications-Any backflow prevention device or assembly required herein shall be o f a make,model and size approved by the Priest Lake Water. The term "Approved Backflow Prevention Assembly" shall mean an assembly that has been manufactured in full conformance with the standards established by the American Water Works Association titled: AWWA/ANSI C510 07 Standard for Double Check Valve Backflow Prevention Assembly; AWWA IANSI CS 1107 Standard for Reduced Pressure Principle Backflow Prevention Assembly; and,have met completely the laboratory and field performance specifications o fthe Foundation for Cross Connection Control and Hydraulic Research(FCCHR)of the University o f Southern California established by: "Specifications ofBack:flow Prevention Assemblies" Section 10 o f the most current edition o f the Manual o f Cross Connection Control. Said AWWA and USC FCCCHR standards and specifications have been adopted by the water purveyor.Final approval shall be evidenced by a"Certificate o f Compliance" for the said AWWA standards or a "Certificate ofApproval" for the said USC FCCCHR Specifications, issued by an approved testing laboratory. The following testing laboratoiy has been qualified by the AWWA to test and approve backflow prevention assemblies and said qualification is adoptedby the water purveyor: Foundation for Cross Connection Control and Hydraulic Research University of Southern California KAP 200 University Park MC 2531 Los Angeles, California 90089 2531 Testing laboratories other than the laboratory listed above f i 11 be added to an approved list as they are qualified by the AWWA. Back:flow preventers that may be subjected to backpressure or backsiphonage that have been fully tested and have been granted a Certificate o fApproval by said qualified laboratory, and are listed on the laboratory's current list o f approved back:flow prevention assemblies, may be used without further testing or qualification. 3.2.6. Testing and Maintenance Requirements "It shall be the duty of the Priest Lake Water to require certified field tests are made upon required back:flow assemblies upon installation and at least once per year thereafter. Non"testable back:flow devices that cannot be field tested with test gauges shall be inspected and assessed or verified by a plumber or certified tester. In instances Priest Lake Water deems the hazard to be great enough,inspections or certified field tests at more frequent intervals may be performed. A field test report shall be created for all backflow preventer inspections or field tests. Back:flow prevention devices and assemblies shall be repaired,overhauled or replaced whenever said devices or assemblies are found to be defective. Priest Lake Water shall retain records o f field tests,inspections or repairs ofbackflow devices and assemblies as specified in this policy. Back:flow assembly field test reports will provide,at a minimum,the customer's name and street address; type o fassembly and location o fthe assembly on the property;manufacturer,model and serial number o fthe assembly; detailed results o fthe test and clear indication o fwhether the assembly passed or failed; name and certification number o fthe tester and the date and time o f the test. Inspection reports for non-testable devices may omit field test result specifications pertaining to testable assemblies but shall otherwise present all relevant inspection information. 3.2.7. Enforcement- Service o fwater to any customer o fPriest Lake Water will be discontinued if an occupant,tenant or consumer interferes with or fails to comply with the provisions and implementation o fthis Policy. 3.2.7.1. If an unprotected cross connection exists on a tenant or consumer's premises, service shall be discontinued until an assembly appropriate with the degree o fhazard is installed by a licensed plumber. Proof o f proper installation shall be provided to Priest Lake Water prior to restoration o f services. 3.2.7.2. If it is found that a back:flow prevention assembly has been removed,bypassed, or if the property owner fails to meet the annual testing requirement specified in section 3.2.91 below, water service to the customer's property will be discontinued immediately. 3.2.7.3. Assemblies that cannot pass annual tests or those found to be defective shall be repaired,replaced,or isolated within ten(10)business days.Ifthe failed assembly cannot be repaired,replaced, or isolated within ten(10)business days,water service to the failed assembly shall be discontinued. 3.2.7.4. Service to a facility,tenant or consumer will be discontinued immediately, without written notice,ifin the opinion o fthe Priest Lake Water such action is necessary to protect public health or the public water supply. 3.2.7.5. Service will not be restored until all circumstances,conditions or defects causing discontinuance o f service are fully corrected. 3.2.8. New Construction Review-Priest Lake Water shall not provide water service to a newly constructed facility without first performing a cross connection control hazard assessment ofthe facility and ensuring that the Priest Lake Water is protected according to this Policy. In lieu o f such a hazard assessment by Priest Lake Water, receipt of a documented cross connection control hazard assessment by a State Certified Backflow Assembly Tester may be utilized. The conditions for service established by this Policy must also be satisfied(see section 3.2.1). 3.2.9. Surveying and Retrofitting Existing Facilities-Priest Lake Water shall survey and retrofit all existing service connections and facilities and bring such into compliance with this Policy as soon as possible but no later than 6 months after adoption ofthis Policy. The initiative to survey and retrofit existing facilities will continue until aH facilities served by Priest Lake Water have received a cross connection control survey, each potential cross connection has been inventoried, and each service connection or facility has installed a backflow prevention device or assembly appropriate for the degree ofhazard. Facilities or service connections having existing ftre-protection systems will have the hydraulics o f any existing ftre-protection system(s) checked by a registered professional engineer or certified fire-protection contractor to ensure that any installed backflow prevention assembly is compatible with the proper performance o fthe fire-protection system. Priest Lake Water will contact a plumber as necessary in order to undertake routine testing of temperature and pressure valves on water heaters or boilers in order to account for thermal expansion that may result from installation o f any backflow preventers. 3.2.9.1. Recurring Surveys and Inspections-All existing service connections and facilities shall,upon completion of an initial survey and retrofit,be,required to have all backflow assemblies tested annually by a Backflow Assembly Tester that has been certified in the State ofldaho. It will be the responsibility o fthe customer or property owner to submit proof of annuill testing to the Priest Lake Water by the date specified by their Administrative staff. It will be the responsibility o f Priest Lake Water to enforce any protection measures against backflow that may occur i f annual testing is not performed, as specified in section 3.2.7 above. 3.2.10. Training- Priest Lake Water shall ensure that persons directly responsible for implementation ofthis Policy have had, at a minimum,training in basic cross connection concepts and cross connection control practices. The Idaho Rural Water Association(IRWA)is an example o fa facility that may be utilized for this type o ftraining. 3.2.11. Public Education-Priest Lake Water shall provide customers and tenants with educational information concerning cross connection control and this Policy. New tenants shall be provided with written educational information upon initial connection to the water supply. Existing tenants and consumers shall receive educational information at least once every year. At a minimum, the following information will be included in public education initiatives: •The nature ofthe public health risk posed by actual or potential cross-connection hazards. •Priest Lake Water's responsibility for protecting the public health and safety by preventing drinking water contamination and its policies relating to cross connection control. • The customer's responsibility to protect Priest Lake Water's water supply by preventing cross connections and potential backflow scenarios on their property. •Information should be provided to the customer or tenant regarding the requirements o f this Policy and how they can be met. This should include a the required date(s) for annual testing and list of Back:flow Prevention Assembly Testers in the area. • The fact that customers need to be aware that the installation o f a backflow prevention device or assembly on their premise causes their plumbing system to be a closed system and closed systems are at greater risk for damage or harm due to thermal expansion that may be caused by water heaters or boilers. 3.2.12. Backflow Incident Reports- Priest Lake Water shall investigate back:flow incidents specifically and shall maintain investigatory and corrective action records in a file separate from customer complaint investigations or other investigations determined to not be related to a back:flow incident. 3.2.13. Backflow Incident Response Plan-Priest Lake Water, upon becoming aware o f an actual or suspected back:flow incident, shall perform the following actions: •Locate the source ofthe contamination. •Isolate that source to protect the water distribution system from further contamination. •Determine the extent o f the spread o f contamination through the distribution system and provide t ely, appropriate notification to the public and to regulatory agencies. • Take corrective action to clean the contamination from the distribution system. •Restore service to the customers. A list o f emergency response numbers should be kept on file with the Priest Lake Water Water Department in case ofback:flow incidents. The Department o f Environmental Quality should not be ignored as a source of assistance during such incidents. 3.2.14. Record Keeping...,.Cross connection control related records shall be retained for a minimum o ften years and shall be available for review by regulatory agencies when requested. At a minimum,the following records shall be maintained: • Cross onnection Survey Reports and Customer Questionnaires- Cross-connection survey reports or hazard assessments shall be created and,maintained on approved forms. Such forms shall make clear the type and degree o f hazard present upon the premises,and the minimum type ofback:flow assembly required. •Inventory- Priest Lake Water shall maintain, in a spreadsheet format, inventory of all required backflow prevention assemblies present in the water system. Such information will include a description o fthe hazard isolated at each applicable premise,the location o f each backflow assembly or air gap, the type o f backflow prevention assembly and, i f not an air gap, information describing the size,make,model and serial number o f installed backflow assemblies. The most recent inspection or test date or cross connection control survey or received questionnaire(if applicable) of each required assembly will be noted. . Test Reports and Certified Testers- Back:flow device inspection and assembly test, maintenance and repair reports shaU be retained. Documentation supporting the credentials o f certified testers will be retained. • Other Documentation- Copies o f all other cross connection program documentation will be retained, including service contracts,notifications to customers, enforcement actions,backflow incident reports and other related activity. 3.2.15. Budgeting-Priest Lake Water shall ensure that all the actions necessary to implement this Policy are`budgeted and that monies to implement this Policy are available as necessary.' 31.16. Authority—Priest Lake Water is authorized to make all necessary and reasonable rules and policies with respect to the enforcement of this Policy.All such rules and policies shall be consistent with the provisions of this Policy and shall be effective upon adoption. The foregoing Policy was approved and adopted by the r (Board,Council,etc.for water system decision-making and )on the 3_day of l 20 Z� (Si ) Printed Name:Ja CC &rkjIee_ Printed Title: r Appendix 5A Water Right License No. 97-7368 State of Idaho Department of Water Resources Water Right License Water Right No. 97-7368 Priority: October 10, 1995 Maximum Diversion Rate: 0 45 CFS Maximum Diversion Volume: 127.0 AF It is hereby certified that: MARVIN ESTATES WATER 27914 HIGHWAY 57 PRIEST LAKE ID 83856-9640 has complied with the terms and conditions of the permit, issued pursuant to Application for Permit dated October 10, 1995, and has submitted Proof of Beneficial Use on December 08, 2000. An examination confirms water is diverted from: Source : GROUND WATER Beneficial Use Period of Use Rate of Diversion Annual Volume DOMESTIC 01/01 to 12/31 0.45 CFS 127.0 AF Location of Point(s) of Diversion GROUND WATER SWY4 NE'/4, Sec. 36, Twp 60N, Rge 05W, B.M. BONNER County GROUND WATER SWY4 NE%4, Sec. 36, Twp 60N, Rge 05W, B.M. BONNER County Place of Use: DOMESTIC Twpi I I Rng Sec I NE NW SW SE Totals NE I NW JSWJ SE NE NW ISWI SE i NE I NW ISW SE NE NW SW I SE No QQ 60 1 1 X I X Conditions of Approval 1. After specific notification by the department, the right holder shall install a suitable measuring device or shall enter into an agreement with the department to determine the amount of water diverted from power records and shall annually report the information to the department. 2. Domestic use is for 106 homes. 3. The irrigation occurring under this domestic use shall not exceed 1/2 acre per lot. 4. Points of diversion are located in, Blk. 4 well lot, Marvin Estates. 5. Place of use is located within Lots 1-17, Blk. 1; Lots 1-20, Blk. 2; Lots 1-10, BIk. 3; Lots 1-25, Blk. 4; Lots 1-12, Blk. 5; Lots 1-12, Blk. 6; and Lots 1-10, Blk. 7; Marvin Estates. 6. This right does not grant any right-of-way or easement across the land of another. This license is issued pursuant to the provisions of Idaho Code §42-219. The water right confirmed by this license is subject to all prior water rights and shall be used in accordance with Idaho law and applicable rules of the Department of Water Resources. Signed this day of.. 20 l "J. DOUGL S- ONES` Northern Regional Manager State of Idaho Department of Water Resources Attachment to Water Right License 97-7368 This map depicts the DOMESTIC place of use boundary for this water right at the time of this approval and is attached to the approval document solely for illustrative purposes. 05W 04W z RIM rn Co NENE L t 1 r SENW �E SE 5 (SWNW) NWSE NESE �;�. Z U••� A i I a'.�y��igld f�ea o Z W 05W 04 W O Point of Diversion 0 0.075 0.15 0.3 Miles Place Of Use Boundary Townships LJ PLS Sections Quarter Quarters N Appendix 5B Permit to Appropriate Water No. 97-9802 F Page 1 State of Idaho Department of Water Resources Permit to Appropriate Water No. 97-9802 Priority: March 05, 2024 Maximum Diversion Rate: 0.68 CFS This is to certify that PRIEST LAKE WATER LLC 279 TRACY LN PRIEST LAKE ID 83856-0060 has applied for a permit to appropriate water from: Source : GROUND WATER and a permit is APPROVED for development of water as follows: Beneficial Use Period of Use Rate of Diversion IRRIGATION 04/01 to 10/31 0.11 CFS COMMERCIAL 01/01 to 12/31 0.45 CFS DOMESTIC 01/01 to 12/31 0.12 CFS Location of Point(s) of Diversion GROUNDWATER SW% NEY4, Sec. 36, Twp 60N, Rge 05W, B.M. BONNER County GROUNDWATER SW% NE%, Sec. 36, Twp 60N, Rge 05W, B.M. BONNER County Place of Use: IRRIGATION Twp Rng Sec NE NW SW SE Totals NE NW SW SE NE NW SW SE NE NW SW SE NE NW SW SE 60N 05W 36 1.5 2.0 0.1 3.6 Total Acres: 3.6 Place of Use: COMMERCIAL Twp Rng Sec NE NW SW SE Totals NEJ NWISWI SE NEI NW SW SE NEI NW SW SE NEI NW SW SE 60N 05W 36 X I I X I X X Place of Use: DOMESTIC Twp Rng Sec NE NW SW SE Totals NE I NW I SW I SE NE NW SW SE NE NW SW I SE NE NW SW SE 60N105WI 36 1 1 1 1 1 1 1 X X X Conditions of Approval 1. Proof of application of water to beneficial use shall be submitted on or before June 01, 2029. 2. Subject to all prior water rights. 3. Right holder shall comply with the drilling permit requirements of Idaho Code §42-235 and applicable Well Construction Rules of the Department. F Page 2 State of Idaho Department of Water Resources Permit to Appropriate Water No. 97-9802 4. The following rights are diverted through point(s) of diversion described above: 97-7368 and 97-9802. 5. Point(s) of diversion are located within Well Lot, Blk 4; Marvin Estates Subdivision. 6. Prior to the diversion and use of water under this approval, the right holder shall comply with applicable water quality monitoring and/or permitting requirements administered by the Department of Environmental Quality. 7. After specific notification by the Department, the right holder shall record monthly diversion volumes and report total annual volumes for Commercial usage during the development period. The right holder shall provide the Department with supporting records used to compile the report at the Department's request. 8. Domestic use is for 7 homes. Irrigation of lawn, garden and landscaping associated with the homes is authorized under the irrigation component of this right. 9. This right when combined with all other rights shall provide no more than 0.03 cfs per acre nor more than 3.0 afa per acre at the field headgate for irrigation of the place of use. 10. Commercial water use is for 30 parcels zoned for commercial development. 11. Rights 97-7368 and 97-9802 when combined shall not exceed a total diversion rate of 0.68 cfs. 12. After specific notification by the Department, the right holder shall install a suitable measuring device or shall enter into an agreement with the Department to use power records to determine the amount of water diverted and shall annually report the information to the Department. 13. This right does not grant any right-of-way or easement across the land of another. This permit is issued pursuant to the provisions of Idaho Code§42-204. / Signed this L�L day of , 204�—/ CHACE BELL Water Rights Supervisor State of Idaho Department of Water Resources Attachment to Permit to Appropriate Water 97-9802 This map depicts the DOMESTIC and IRRIGATION place of use boundary for this water right at the time of this approval and is attached to the approval document solely for illustrative purposes. 05W . I S - w M y y.. O NWSE NESE Th- UgDA-F-A .ri l ' of•g RWI aff lb-F�i r •'i e• i d-rive• •ro•uct . 0 0.05 0.1 0.2 Miles Place Of Use Boundary Townships / PLS Sections Quarter Quarters N Point of Diversion State of Idaho Department of Water Resources Attachment to Permit to Appropriate Water 97-9802 This map depicts the COMMERCIAL place of use boundary for this water right at the time of this approval and is attached to the approval document solely for illustrative purposes. 05W 04W rn z z 0 410* NENE IL AIN • w� ♦. I NESE rn Z Z o rC~ - riu CD 05W 04W 0 0.05 0.1 0.2 Miles Place Of Use Boundary Townships ® PLS Sections Quarter Quarters N 0 Point of Diversion Appendix 6 Certificate of Drinking Water Distribution Operator Number DWDVSWS-26354 VDAHO BOARD OF DRINKING WATER AND WASTEWATER PROFESSIONALS Certifies that STATE JfaredytorU&C/ierOF having documented compliance with the prescribed qualifications, and having fulfilled IDAHO the requirements o f the Laws o f Idaho, is hereby granted licensureto practice as a Drinking Water; Distribution Operator Very Small System within the State o f Idaho °IN TESTIMONY WHEREOF, I have here unto put my hand a Division of Occupational and Professional Licenses the Official Seal Of the 'Division of Occupational and R, Department of Self Governing Agencies Licenses at Boise, Idaho, this 20th_day of The person named has met the requirements for Ucensure and Is entitled — under the laws and rules ofJhe !of Idaho to operate as a(n) DRINKING WATE,-DJSTRIEIUTIO,J OPERATOR VERY'SIiIIAL,SYS7EM. JAR,EQHORLACHER: f 2,1 TRA9*,L RUSSELLS. BARRON PRIEST,RI);§f1 083$56 ADMINISTRATOR, DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSES Russell S.Qar�n DWDYPVI(,S,26364 09/11/2025 ,w�: Appendix 7 Financial Information Appendix 7A 7:23 AM Priest Lake Water LLC 09/20124 Profit & Loss Cash Basis January through December 2021 Jan-Dec 21 lncome Quarter 1 Revenue 6,186.00 Quarter 2 Revenue 6,231.00 Quarter 3 revenue 8,848.00 Water Hook-Up _ 23,600.00 Total Income 44'865=00 Gross Profit 44,865.00 Expense 114.73 Fuel .00 Bank service fee 274.00 Clothing 813.00 Depreciation Expense 2,851.85 DEQ Compliance 54.06 Fuel 1,753.00 Insurance 600.00 Interest 13,634.62 Materials for Water System 2,876.81 Miscellaneous 445.90 office supplies 1,371.54 utilities 24,839.51 Total Expense 20,02,5.49 Net lncome 2020: Entered a purchase and loan agreement with Larry Marvin to purchase the Company, Paid Larry Marvin a$10,000.00 down payment capital investment. 2021: A loan payment in the amount of$20,000.00 (representing almost the entire net income for 2021) was paid to Larry Marvin. Page 1 Appendix 7A 7:24 AM Priest Lake Water LLC 09120124 Profit & Loss Cash Basis January through December 2022 Jan-Dec 22 Income Quarter 1 Revenue 6,863,00 Quarter 2 Revenue 7,551.00 Quarter 3 revenue 9,639.00 Quarter 4 Revenue 5,817,00 Water Hook-Up 14,000.00 Total Income 43.870.00 Gross Profit 43,870.00 Expense Fuel 567.89 Bank service fee 20.00 Clothing 369.65 Depreciation Expense 2,05600 DEQ Compliance 2,624.27 Equipment Maintenance 1 B.00 Insurance 1,864.00 Interest 1,542.58 Materials for Water System 16,948.77 Meals, Travel 72.31 Meals,Travel, Etc 26.34 Miscellaneous 12.50 office supplies 1,370.25 S ools 246.16 utilities 1,259.48 Total Expense 28,998.20 Net Income 14,871.80 2022:A loan payment in the amount of$15,000.00 (including the entire net income for 2022) was paid to Larry Marvin. 2023:A loan payment in the amount of$5,000.00 was paid to Larry Marvin, representing the final payment due under the loan. Appendix 7A 1:23 PM Priest Lake Water LLC 08/02/24 Profit & Loss Cash Basis January through December 2023 Jan-Dec 23 Income Quarter 1 Revenue 7,649.00 Quarter 2 Revenue 8,878.00 Quarter 3 revenue 10,259.00 Quarter 4 Revenue 6,799.00 Title Transfer 200.00 Total Income 33,785.00 Gross Profit 33,785.00 Expense Fuel 151.89 Clothing 135.33 Depreciation Expense 2,362.00 DEQ Compliance 3,637.34 Equipment Maintenance 40.97 Fuel 530.94 Insurance 2,069.00 Interest -518.52 Materials for Water System 10,445.90 Meals,Travel,Etc 89.44 Miscellaneous 5,747.50 office supplies 684.16 Tools 54.58 utilities 1,088.87 Total Expense 26,519.40 Net Income 7,265.60 Page 1 Appendix 7B Annual Maintenance Costs Item Estimated Estimated Per Year Cost Completion Date New connections x 41 unknown Backflow prevention x 40 $200,000.00 2034 Labor costs $50,000.00 minimum/year Costs associated with facility plan, sanitary $5,000.00 Unknown $5,000.00 survey, engineering or DEQ reports Costs associated with compliance with the $5,000.00/year Unknown $5,000.00 Revised Lead and Copper Rule by the EPA minimum (including increased monitoring, testing, treatment, and legal costs). Appendix 7C Statement Regarding Financing of Upgrades Item Estimated Estimated Per Year Cost Completion Date Replacement of water meters x 1 $5,000.00 2024 $5,000.00 Maintenance of water tank $100,000.00 2030 $16,000.00 Replacement of valves x 70 $140,000.00 2034 $14,000.00 Replacement of water meters x 40 $200,000.00 2034 $20,000.00 Maintenance of two 30-year-old well $60,000.00 2044 $3,000.00 PUMPS Appendix 8 Expected annual revenue with anticipated monthly water rates and other charges See spreadsheet attached, specifically Exhibit 4. RATE BASE(SCHEDULE"A"ACCOUNT 101 PLANT IN SERVICE) Company Name: Idaho PUC Case Number: Test Year ended: (A) (B) (C) Plant in Service(Annual Report,pg. 5) Known Pro Forma ACCT# DESCRIPTION Actual Changes (A+B) 1 301 Organization - 2 302 Franchises and Consents - 3 303 Land&Land Rights 8,748 8,748 4 304 Structures and Improvements - 5 305 Collecting&Impounding Reservoirs - 6 306 Lake,River&Other Intakes - 7 307 Wells - 8 308 Infiltration Galleries &Tunnels - 9 309 Supply Mains - 10 310 Power Generation Equipment - 11 311 Power Pumping Equipment - 12 320 Purification Systems - 13 330 Distribution Reservoirs&Standpipes - 14 331 Trans. &Distrib.Mains &Accessories - 15 333 Services - 16 334 Meters and Meter Installations - 17 335 Hydrants - 18 336 Backflow Prevention Devices - 19 339 Other Plant&Misc. Equipment - 20 340 Office Furniture and Equipment - 21 341 Transportation Equipment - 22 342 Stores Equipment - 23 343 Tools, Shop and Garage Equipment - 24 344 Laboratory Equipment - 25 345 Power Operated Equipment - 26 346 Communications Equipment - 27 347 Miscellaneous Equipment - 28 348 Other Tangible Property - 29 TOTAL PLANT IN SERVICE - 8,748 8,748 (Add lines 1 -28) Exhibit No. 1 Schedule A RATE BASE(SCHEDULE"B" ACCUMULATED DEPRECIATION) Company Name: Idaho PUC Case Number: Test Year ended: Accumulated Depreciation(Annual Report,pg. 6) (A) (B) (C) Known Pro Forma ACCT# DESCRIPTION Actual Changes (A+B) 1 304 Structures and Improvements - 2 305 Collecting&Impounding Reservoirs - 3 306 Lake,River&Other Intakes - 4 307 Wells - 5 308 Infiltration Galleries &Tunnels - 6 309 Supply Mains - 7 310 Power Generation Equipment - 8 311 Power Pumping Equipment - 9 320 Purification Systems - 10 330 Distribution Reservoirs &Standpipes - 11 331 Trans. &Distrib.Mains &Accessories - 12 333 Services - 13 334 Meters and Meter Installations - 14 335 Hydrants - 15 336 Backflow Prevention Devices - 16 339 Other Plant&Misc. Equipment - 17 340 Office Furniture and Equipment - 18 341 Transportation Equipment - 19 342 Stores Equipment - 20 343 Tools, Shop and Garage Equipment - 21 344 Laboratory Equipment - 22 345 Power Operated Equipment - 23 346 Communications Equipment - 24 347 Miscellaneous Equipment - 25 348 Other Tangible Property - 26 TOTALS (Add Lines 1 -25) - - - Exhibit No. 1 Schedule B RATE BASE(SCHEDULE "C" SUMMARY) Company Name: Idaho PUC Case Number: Test Year ended: (A) (B) (C) Test Year Known Pro Forma Actual Changes* (A+B) 1 Total Plant in Service(Ex 1, Sch A, line 29) - 8,748 8,748 2 Accumulated Depreciation(Ex 1, Sch B, line 26) - - - 3 Net Plant in Service(Line 1 less line 2) - 8,748 8,748 4 Add Utility Plant Acquisition Adjustment - 5 Add Materials & Supplies Inventories - 6 Less Accum Amortization Util Plant Acq Adj - 7 Less Customer Advances for Construction - 8 Less Contributions in Aid of Construction - 9 Add Working Capital(1/8 Operating Expenses) - 8,354 8,354 (Exhibit No. 2, Sch B, Column C, Line 21 divide by 8) 10 Add Deferred Charges (If any, attach detail) - 11 TOTAL RATE BASE - 17,101 17,101 Exhibit No. 1 Schedule C OPERATING RESULTS (SCHEDULE"A" REVENUES) Company Name: Idaho PUC Case Number: Test Year ended: (A) (B) (C) Test Year Known Pro Forma Actual Changes* (A+B) Water Revenues: 1 Unmetered 33,585 33,585 2 Metered-Residential - 3 Metered-Commercial&Industrial - 4 Fire Protection Revenue - 5 Other Water Sales Revenue 200 (200) - 6 Irrigation Sales Revenue - 7 Sales for Resale - 8 Total Water Revenue(Add lines 1 -7) 33,785 (200) 33,585 9 DEQ Fees billed separately to customers - 10 Hook-up or Connection Fees collected - 11 Commission-approved Surcharges collected - 12 TOTAL REVENUE(Add lines 8 - 11) 33,785 (200) 33,585 Exhibit No. 2 Schedule A OPERATING RESULTS (SCHEDULE "B" EXPENSES) Company Name: Idaho PUC Case Number: Test Year ended: (A) (B) (C) Test Year Known Pro Forma Actual Changes (A+ B) 1 Labor-Operation&Maintenance - 23,400 23,400 2 Labor-Customer Accounts - 3 Labor-Administrative&General - 4,000 4,000 4 Salaries-Officers &Directors - 5 Employee Pensions &Benefits - 6 Purchased Water - 7 Purchased Power-Utilities 1,089 1,089 8 Chemicals - 9 Materials & Supplies-Operation&Maintenance 10,766 10,766 10 Materials & Supplies-Admin&General 684 684 11 Contract Services-Professional 18,765 18,765 12 Contract Services-Water Testing 2,872 2,872 13 Rentals-Property&Equipment - 14 Transportation Expense 683 683 15 Insurance 2,069 2,069 16 Advertising - 17 Rate Case Expense(Amortization) 2,500 2,500 18 Regulatory Comm. Exp. (Other Except Taxes) - 19 Bad Debt Expense - 20 Miscellaneous Expenses 5,748 (5,748) - 21 TOTAL OPERATING EXPENSES 21,039 45,790 66,828 Exhibit No. 2 Schedule B OPERATING RESULTS(SCHEDULE"C"INCOME STATEMENT) Company Name: Idaho PUC Case Number: Test Year ended: (A) (B) (C) Test Year Known Pro Forma Actual Changes (A+B) 1 Revenue(From Ex.2,Sch A) 33,785.00 (200.00) 33,585.00 2 Operating Expenses 21,038.58 45,789.84 66,828.42 3 Depreciation Expense 2,362.00 2,362.00 4 Amortization,Utility Plant Acquisition Adj. - 5 Amortization Exp.-Other - 6 Regulatory Fees(PUC) 130.00 130.00 7 Property Taxes - 8 Payroll Taxes 9A Other Taxes(list) DEQ Fees 3,637.34 (3,637.34) 9B 9C 9D - 10 Federal Income Taxes - 11 State Income Taxes - 12 Provision for Deferred Income Tax-Federal - 13 Provision for Deferred Income Tax-State - 14 Provision for Deferred Utility Income Tax Credits - 15 Investment Tax Credits-Utility - 16 Total Expenses from Operations before interest(Add lines 2- 15) 27,037.92 42,282.50 69,320.42 17 Income from Utility Plant Leases to Others - 18 Gains(Losses)from Disposition of Utility Plant - 19 Net Operating Income(Add lines 1, 17&18 less line 16) 6,747.08 (42,482.50) (35,735.42) 20 Revenues,Merchandizing,Jobbing&Contract Work - 21 Expenses,Merchandizing,Jobbing&Contracts - 22 Interest&Dividend Income - 23 Allowance for funds used during construction - 24 Miscellaneous Non-Utility Income - 25 Miscellaneous Non-Utility Expense - 26 Other Taxes,Non-Utility Operations - 27 Income Taxes,Non-Utility Operations - 28 Net Non-Utility Income(Add lines 20,22,23,&24 - - - less lines 21,25,26&27) 29 Gross Income(Add lines 19&28) 6,747.08 (42,482.50) (35,735.42) 30 Interest Exp.On Long-Term Debt (518.52) 518.52 - 31 Other Interest Charges - 32 NET INCOME(Line 29 less lines 30&31) 7,265.60 (43,001.02) (35,735.42) Exhibit No.2 Schedule C COST OF CAPITAL AND RATE OF RETURN Company Name: Idaho PUC Case Number: Test Year ended: (A) (B) (C) (D) Amount %of Total Cost Weighted Outstanding Outstanding of Cost (Column A/ Capital (Column B X Total Line 6) Column C) 1 Common Equity(Proprietor Capital Paid In) 0.00 2 Retained Earnings 3 Total Common Equity(Proprietor Capital)Line 1 +Line 2 0.00 100.00% 11.00% 11.00% 4 5 Long-Term Debt - 0.00% 0.00% 0.00% 6 Total Capital 0.00 7 Weighted Cost of Capital(Rate of Return Required) 11.00% (Line 3+5) Exhibit No. 3 REVENUE REQUIREMENT Company Name: Idaho PUC Case Number: Test Year ended: (A) (B) (C) Test Year Known Pro Forma Actual Changes (A+B) 1 Rate Base(Ex. 1, Sch C,line 11) - 17,101 17,101 2 Required Rate of Return(Ex. 3,line 7) 11.00% 11.00% 3 Income Required(Line 1 x Line 2) - 1,881 4 Income Realized(Ex.2, Sch C,line 29) 6,747 (43,001.02) (36,254) 5 Income Deficiency(Line 3 less Line 4) (6,747) 38,135 6 Net Operating Income Deficiency $ (6,747) $ 38,135 7 Gross Up Factor 1.346802 1.346802 8 Total Incremental Revenue Requirement $ (9,087) $ 51,360 9 Revenues at Existing Rates $ 33,785 $ 33,585 10 Total Revenue Requirement $ 24,698 $ 84,945 72 $ 98.32 11 Percent Increase Required -26.90% 152.93% 12 Total Gross Revenues 1.000000 1.000000 13 Less Regulatory Fees(percentage) 0.002127 0.002127 14 State Income Tax Rate 0.058 0.058000 0.058000 15 Total Expenses 0.060127 0.060127 16 Federal Income Tax Base 0.939873 0.939873 17 Federal Income Tax Rate 0.21 0.197373 0.197373 18 Net Operating Revenue 0.742500 0.742500 19 Net Income to Gross Revenue Multiplier 1.346802 1.346802 Exhibit No.4 Appendix 9 Monthly Consumption Data Production in Winter/Spring: 1.19 Acre Feet per month Production in Summer/Fall: 10.11 Acre Fee per month CFS GPM CKM CPD AFPD AF per 30 d;y'-s1 AF per 90 days AF per Year 0.01 4.4883 269.298 6463.152 0.0198351 0.59505 1 1.78515 1 7.239775 0.02 8.9766 538.596 12926.3 0.03967 1.1901 1 3.5703 1 14.47955 0.03 13.4649 807.894 19389.4610,0595051 1.78515 1 5.35545 1 21.719325 0.04 17.9532 - 25852.61 0.07934 1 2.3802 1 7.1406 28.9591 0.05 22.4415 1346.49 32315.76 1 0.0991751 2.97525 1 8,92575 1 36.198875 0.06 26,9298 1615.788 38778.91 1 0.11901 1 3.5703 1 10,7109 1 43.43865 0.07 31.4181 1885.086 45242.0610.1388451 4.16535 1 12.49605 1 50.678425 11 0.08 35.9064 2154.384 51705.221 0.15868 1 4.7604 1 14,2812 1 57.9182 0.09 40.3947 2423.c182 58168.3710.1785151 5.35545 1 16.06635 1 65.157975 1 0.1 44.883 2692.98 64631.521 0.19835 1 5.9505 1 17.8515 1 72.39775 0.11 49.3713 2962.278 71094.671 0.2181851 6.54555 19.63.665 79.637525 0.12 53.8596 3231,576 77557.82 1 0.23802 1 7,1406 21.4218 86.8773 0,13 58,3479 3500.874 84020.981 0.2578551 7.73565 1 23.20695 1 94.117075 1 0.14 62.8362 3770.172 90484.131 0.27769 1 8.3307 1 - 24.9921 1 101.35685 0.15 67.3245 4039.47 96947.2810.2975251 8,92575 1 26.77725 1 108,5966251 0.16 71.8128 4308,768 103410.41 0.31736 1 9.5208 1 28.5624 1 115,8364 1 0.17 76.3011 4578.066 109873.61 0.3371951 10.1158.5 1 30.34755 1 123,0761751 0.18 80.7894 4847,364 116336.71 0.35703 1 10,7109 1 32,1327 1 130.31595 0.19 85,2777 5116,662 122799,91 .0.3768651 11.30595 1 33,91785 1 137.555725 0.2 89,766 5385.96 1 129263 '1 0.396T 1 11.901 35.703 1 144.7955 0.21 94.2543 5655,2581 135726.21 0.416535, 12.496051 37.48.815 1 152.035275 0.22 98.7426 5924.5561 142189.31 0.43637 13.0911 39.2733 1 159.27505 0.23 103.2309 6193.8541 148652-5 1 0.45;3205 13.68615 41.05845 1 166.51.4825 0.24 1 107.7192 6463.1521 155115.61 0.47604 14.2812 42,8436. 1 173.7546 0.25 1 112.2075 6732.45 1 161578.81 0.495875 14.87625 44.62875 1 180.994375 0 0.26 1 116:,.6958 7001.7481 168042 1 Q.51571 1.5.4713 46.4139 1 188.23415 1 '0.27 1 121.1841 . 7271.046 1 174505.1 1 0.535.545 16.06635 48.1 90:5 1 195.473925 0.28 .1 125.6724 7540.3441 180968.31 0.5.5538 16,6614 49.9842 1 202.7137 0.29 1 130.1607 7809.642 187431.41 0.5752151 17.2.5645 51.769_35 1 209.953475 1 0.3 1 134.649 8078.94 193894.6 1 0.59505 1 17. p15 53;5545 1 217.19325 0.31 1 139.1373 8348,238 200357.710.614885 18.44655 55,33965 1 224.4330251 0.32 1 143.6256 8617.536 206820.91 0.63472 19.0416 57.124e 1 231.6728 0.33 1 148.1139 8886.834 213284 1 0.654555 19.63665 58.90995 1 238.912575 1 0.34 1 152.6022 9156.132 219747.2 , 0.67439 1 20.2317 60.6951 i 246.15235 0.35 1 157.0905 1 9425.43 226210.3 0.6942251 20.82675 62.48025 1 253,3921251 _ 0.36 1 161.5788 9694.728 232673.5 0,71406 1 21.4218 64.2654 1 260.6319 .0.37 1 166.0671 ( 9964.026 239136.6 0.7338951 22.01685 66.05055 1 267.871675 0.38 1 170.55541 10233.32 245599.8 0.75373 1 22.6119 67.8357 1 275.11145 0.39 1 175.04371 10502.62 252062.9 0.7735651 23.20695 69.62085 1 282.351225 0.4 179.532 1 10771.92 258526.1 0.7934 1 23.802 71.406 1 289.591 1 1 0.41 1 184.02031 11041.22 264989.2 0.8132351 24.39705 73.19115 1 296.8307751 { 0.42 1 188.50861 11310.52 .271452.4 0.83307 1 24.9921 74.9763 1 304.07055 11 1 0.43 1 192.99691 11579.81 277915.5 0.8529051 25.58715 7.6.76145 1 311.3103251 1 0.44 1 197.48521 11849.11 1 284378.T 0.87274 26.1822 78.5466 1 318.5501 1 el\ S 1 0.45. 201.97351 12118.41 1 290841.8 0.892575. 26.777.25 80.33175 1 325.789875 1 ,iT�.�zl in 1 0.46 206.4618 1 12387.71 1 297305 0.91241 27.3723 82.1169 1 333.02965 1 I..,•t--rtS < 1 0.47 210.9501 1 12657.01 1 303768.1 0..932245 27.96735 83,90205 1 340.2694251 1 0.48 215.4384'1 12926,3 1 310231.3 0.95208 28.5624 85.6872 1 347.5092 1 1 0.49 219.92671 13195.6 1 316694.4 0.971915 29.15745 87.47235 1 354.7489751 p 0.5 224A15 1 13464.9 1 323157.6 0;99175 29.7525 89.2575 1 36,1.98875 A 1 0,51 228.90331 13734.2 1 329620.8 1.011585 30.34755 91.04265 1 369.2285251 Appendix 10 Current Rate Structure Our current rate is $37 per month including 10,000 gallon of water. Overages over 10,000 gallons are charged at $3 per 1,000 gallons. We have been charging this rate for 2 years. We bill quarterly for$111. Proposed Rate Structure See Schedule No. 1 and Schedule No. 2 attached. Priest Lake Water Company Sheet 1 SCHEDULE NO. 1 RECURRING CHARGES RESIDENTIAL - Metered Customers Monthly Customer Charge Volume Included $98.00 30,000 Gallons Commodity Charge $3.00 The commodity charge for each additional 10,000 gallons over the minimum volume included (30,000 gallons) Multi-Use Property Additional $50.00 Multi-use property is defined as a duplex, multi-family, multiple R.V. sites, A.D.U.'s, etc. COMMERCIAL - Metered Customers Monthly Customer Charge Volume Included $100.00 30,000 Gallons Commodity Charge $3.00 The commodity charge for each additional 10,000 gallons over the minimum volume included (30,000 gallons) Multi-Use Property Additional $50.00 Multi-use property is defined as a duplex, multi-family, multiple R.V. sites, A.D.U.'s, etc. Meter Readings Meter readings will be done at the end of each month, except when conditions make meters inaccessible. In the event the Company cannot read a customer's meter for a billing period, the customer will only be billed the minimum monthly charge as set forth above. The Company aggregates the monthly allowance (i.e. 30,000 gallons) for each month that no meter reading is taken and bills for all usage exceeding the allowances on the next bill issued after the meter reading is taken. Issued Issue by Priest Lake Water Company Effective Jared Horlacher- Owner Order No Priest Lake Water Company Sheet 2 SCHEDULE NO. 2 NON-RECURRING CHARGES 1. Return check fee for each check return for non-sufficient funds charges a. $20.00 additional of amount owed 2. Shut-off at customer request a. $25.00 during normal working hours b. $50.00 outside of normal working hours 3. Re-connection charge after disconnection for non-payment a. $75.00 during normal working hours and b. $150.00 before or after normal working hours 4. Late Payment Fee - $15.00 additional of past due balance owed at the time of each billing Normal business hours are defined 8:00 a.m. to 5:00 p.m. Monday through Friday except for legal holidays recognized by the Idaho State Government Offices. Normal due date for all bills shall be fifteen (15) days after the billing date. Issued Issue by Priest Lake Water Company Effective Jared Horlacher- Owner Order No Appendix 11 Current Rate Structure Our current rate is $37 per month including 10,000 gallon of water. Overages over 10,000 gallons are charged at $3 per 1,000 gallons. We have been charging this rate for 2 years. We bill quarterly for$111. Proposed Rate Structure See Schedule No. 3 attached. Residential Monthly Rates (subject to increase on an annual basis): Minimum for 30,000 gallons $98.00 Monthly usage above 30,000 $3.00 per each additional gallons 10,000 gallons Multi-use property(duplex, multi- Additional $50.00 family, multiple R.V. sites, A.D.U.'s, etc.) Commercial New Connection Fees: Labor $[1,500.00] Cost of Materials (subject to $[2,400.00] change) 1"meter plus additional costs $ .00 Total $10,000.00 Commercial Monthly Rates (subject to increase on an annual basis): Minimum for 30,000 gallons $100.00 Monthly usage above 30,000 $3.00 per each additional gallons 10,000 gallons Multi-use property(duplex, multi- Additional $75.00 family, multiple R.V. sites, A.D.U.'s, etc.) Other Fees (subject to discussion with IPUC): Late Fee $15.00/mo Shut Off Notice $25.00 Reinstatement Fee $50.00 Priest Lake Water Company Sheet 3 SCHEDULE NO. 3 HOOKUP FEE (New Service) Residential Commercial Cost of Materials $5,944.00 $5,944.00 Labor $1,500.00 $1,500.00 Total $7,444.00 $7,444.00 Cost of Materials: meter, meter pit, distribution line, valve(s), additional parts and materials, etc. Labor: A minimum of ten (10) hours. Each additional hour, customer will be charged at the contractors hourly rate. Issued Issue by Priest Lake Water Company Effective Jared Horlacher- Owner Order No Appendix 12 Notifications PRIEST LAKE WATER LLC 279 Tracy Lane Priest Lake, Idaho 83856 509-993-7013 2024 Dear Residents of Marvin Estates, We have exciting news for you, our valued neighbors and customers. First,we have applied for and received from the Idaho Department of Water Resources a permit to provide water for domestic and commercial purposes to the thirty (30) lots in Marvin Estates along Highway 57 (Permit No. 97-9802). These lots are zoned for residential and commercial use, but the original Water Right License (No. 97-7368) only permitted residential service. We look forward to the benefits brought to our community by being able to serve owners who will now be able to use those lots in accordance with the applicable zoning. The expense for the lengthy application process was born entirely by me personally. Second, we are in the process of applying for a Certificate of Public Convenience and Necessity from the Idaho Public Utility Commission. This will enable the water company to be a regulated utility, which will benefit you as recipients of our water through the oversight and expertise of the Idaho Public Utility Commission. The service area will remain the same. As part of ensuring that this water company has the resources necessary to continue to offer you a continuous supply of clean water, the Idaho Public Utility Commission has recommended that the rate be increased to $98.00 per meter per month. Commercial accounts will be charged a monthly rate of$100.00 per meter per month. The reasons for this rate increase include the following: 1) Costs of replacing and upgrading defective service valves and improperly installed water meters with curb stops and lead-free meter pits; 2) Installation of water meters with double check valves,per the requirements of a backflow prevention plan; 3) Maintenance of aging infrastructure, including the 120,000 gallon water tank that needs maintenance including cleaning, repair of cracks, and new paint; 4) To provide for the costs of improvements to the well lot, including tree removal, security fencing, and dry storage for materials; 5) Service costs of the two 30-year old submersible well pumps; and 6) Increased costs associated with compliance with state regulatory agencies, including the Idaho Department of Water Resources, the Idaho Public Utility Commission, and the Department of Environmental Quality. Please contact me if you have any questions. If you want to contact the Idaho Public Utility Commission, please do so at: Phone number: 208-334-0300 Mailing address: Commission Secretary Idaho Public Utilities Commission PO Box 83720 Boise, ID 83720-0074 We have included a new agreement for service with this letter. Please fill it out and return it with your payment. We look forward to continuing to serve you! Jared Horlacher, Owner PRIEST LAKE WATER LLC The following public notice was posted and read aloud at the Marvin Estates P.O.A. meeting on June 22, 2024: Priest Lake Water LLC keeps compliance with three prominent state agencies... Idaho Department of Environmental Quality, Idaho Department of Water Resources, and most recently the Idaho Public Utility Commission. I will try to briefly summarize the relationship between these agencies and Priest Lake Water LLC. Idaho D.E.Q. monitors our infrastructure and water quality. D.E.Q. tells us which contaminants to test for and how often. Our wells have been proven to be free of any bacteria and we therefore are not required to chlorinate. Unfortunately,there are an endless number of scenarios where our water could become contaminated through a cross connection or backflow situation. To help prevent a situation like this, we ask that all water customers use a backflow prevention device on all of their sprinkler systems and stand pipes. I.D.W.R. issues permits, certificates, and licenses for water rights in the state of Idaho. Priest Lake Water LLC has spent the last 9 months applying for a commercial use water rights license for the 30 commercial lots fronting Hwy 57 in Marvin Estates. We have been issued a permit to appropriate water on these 30 commercial lots for commercial use. In the near future, customers will have the option to upgrade to a commercial water service on their commercial lot. Commercial water services will be an upgraded 1" meter pit with backflow device. I.P.U.0 regulates privately owned water systems and utility companies. Priest Lake Water LLC does not have, and never has had, a commercial rate structure. We are in the process of applying for a C.P.C.N. with the I.P.U.C. The Certificate of Public Convenience and Necessity will enable the Public Utility Commission to regulate our water rates and fees. Once this application is completed, we will have established commercial water rates and hook-up fees.Also new rates and fees for our domestic use customers. We are hopeful that this process will be completed in the near future. If customers or future customers have any questions about their water service, call Jared Horlacher at 509-993-7013. Monday through Friday 8:00 am to 5:00 pm. Appendix 13A Bill Statement and Utility Billing Policy Priest Lake Water LLC STATEMENT 279 Tracy Lane Priest Lake ID 83856 Phone: (509) 993-7013 INVOICE: 00012 DATE: 10/01/24 TO: LOT AND BLOCK: Customer Name BLOCK_ LOT_ Address line I Address line 2 Phone Email DATE DESCRIPTION AMOUNT PAYMENT BALANCE 10/1/24 October 98.00 TOTAL 98.00 Payment notes: • Make all checks payable to Priest Lake Water LLC • To pay online, please use the following link or QR code: paypal.me/priestlalcewaterllc Q L. a......... . ... PAYMENTS ARE DUE ON OR BEFORE THE 30TH DAY AFTER THE QUARTER BILLED. ANY PAYMENT RECEIVED AFTER THAT DATE WILL BE SUBJECT TO A $15.00 LATE FEE FOR EACH DELINQUENT MONTH PRIEST LAKE WATER L L C 279 Tracy Lane Priest Lake, Idaho 83856 509-993-7013 UTILITY BILLING POLICY FEES: • Household water usage fee is $50.00 o NON-FLOWING METER FEE IS [$27.50] • Commercial Water usage fee is $75.00 • A [$75.00] re-connect fee will be charged for reinstatement o f water during normal business hours. [$150.00] for before or after normal business hours. UTILITY BILL: Water usage is measured by reading the meters in the months of May 1st to October 1st. Billing is sent out quarterly by mail; April, July, October, and January. Contact Jared Horlacher PRIEST TAKE WATFRLLC 279 Tracy In Priest Lake, Idaho 83856 509-993-7013 LATE FEE: A late fee of$15.00 will be added for each delinquent account each month for payments not received by the 25 th of the month. DELINQUENT POLICY: All accounts are delinquent when not paid by the 30th day after the end ofthe quarter billed. A late fee of$15.00 will be added for each delinquent month until paid in full. Any bill not paid 60 days after the end ofthe billing date will be delivered a"Shut OffNotice" to the residence. The shut offnotice will carry a fee of$25.00 which is added to the delinquent amount. Ifthe delinquent amounts, and the $25.00 fee, are not paid within the 48-hour notice period the water will be shut off. After the water is shut off, the owner will pay a reinstatement fee of$50.00 and the shut off fee of$25.00. This will be in addition to the delinquent account balance. Any balance 75 days delinquent will then be subject to a lien on the property. Appendix 13B Reminder Notice-Termination of Service Appendix 13B Reminder Notice-Termination of Service DELINQUENT WATER BILL NOTICE DATE OF THIS NOTICE NAME ADDRESS Water service to this premises will be discontinued unless past-due payment is received in our office by ❑ Your water service has been discontinued. Service will be resumed when our office receives payment of past-due bills. PRIEST TAKE WATERLLC 279 Tracy Lane Priest Lake, Idaho 83856 509-993-7013 TERMINATION NOTICE ACCOUNT NUMBER: SERVICE ADDRESS: TERMINATION DATE: BALANCE DUE: You are hereby notified that you are delinquent in payment ofwater service provided to you by Priest Lake Water LLC. The balance owed on your account is indicated above. Ifthis balance is not paid or ifpayment arrangements are not made before the date shown above, then YOUR WATER SERVICE WILL BE DISCONNECTED. To avoid termination of service, you must contact PRIEST LAKE WATER LLC before the Termination Date to make a payment arrangement or pay in full. Please call on weekdays between 9:00 am and 5:00 pm. Termination may be delayed by: 1. Providing a statement from a medical professional advising us of the existence of a medical emergency that resulted directly in your inability to timely pay; or 2. Filing a complaint regarding the proposed termination with the Idaho Public Utilities Commission, PO Box 83720, Boise, ID 83720-0074 (800-432-0369 or 208-334-0369). Service will not be terminated prior to the resolution of a filed complaint. Termination of service does not relieve you ofyour obligation to pay for all services prior to termination. In accordance with the Utility Billing Policy, should service be terminated, a charge for restoration of service during regular office hours of$50.00, or $100.00 for other than regular office hours, must be paid in addition to the Balance Due stated above, shut-off fee of$25.00, and any other fees assessed in accordance with the Utility Billing Policy, prior to restoration of service. If you are unable to pay your bill in full, Priest Lake Water LLC may assist you by making payment arrangements. Remember, your water will be turned offon or after the Termination Date shown above., unless you act before that date. Appendix 13C Final Notice - Termination of Service PRIEST LAKE WATER L L C 279 Tracy Lane Priest Lake, Idaho 83856 509-993-7013 FINAL NOTICE OF TERMINATION ACCOUNT NUMBER: SERVICE ADDRESS: TERMINATION DATE: BALANCE DUE: You are hereby notified that you are delinquent in payment of water service provided to you by Priest Lake Water LLC. The balance owed on your account is indicated above. Ifthis balance is not paid or ifpayment arrangements are not made before the date shown above, then YOUR WATER SERVICE WILL BE DISCONNECTED. To avoid termination of service, you must contact PRIEST LAKE WATER LLC before the Termination Date to make a payment arrangement or pay in full. Please call on weekdays between 9:00 am and 5:00 pm. Termination may be delayed by: 1. Providing a medical certificate advising us o f the existence of a Medical Emergency; or 2. Filing a complaint regarding the proposed termination with the Idaho Public Utilities Commission, PO Box 83720, Boise, ID 83720-0074 (800-432-0369 or 208-334-0369). Service will not be terminated prior to the resolution of a filed complaint. Termination of service does not relieve you of your obligation to pay for all services prior to termination. In accordance with the Utility Billing Policy, should service be terminated, a charge for restoration of service during regular office hours of$50.00, or $100.00 for other than regular office hours, must be paid in addition to the Balance Due stated above, shut-off fee of$25.00, and any other fees assessed in accordance with the Utility Billing Policy, prior to restoration of service. If you are unable to pay your bill in full, Priest Lake Water LLC may assist you by making payment arrangements. Remember, your water will be turned off on or after the Termination Date shown above., unless you act before that date This is your final notice. Appendix 13D Annual Rules Summary PRIEST LAKE WATER LLC 279 Tracy Lane Priest Lake, Idaho 83856 509-993-7013 SUMMARY OF RULES AND REGULATIONS OF THE IDAHO PUBLIC UTILITIES COMMISSION (IPUC) GOVERNING CUSTOMER RELATIONS OF NATURAL GAS, ELECTRIC AND WATER PUBLIC UTILITIES These rules cover the rights and responsibilities of the customer and the utility. A utility may terminate service to a customer without his/her permission after adequate notice for the following reasons: 1 Failure to pay an undisputed past due bill, or when payment is made with a dishonored check or electronic payment. 2 Failure to make security deposit where it is required. 3. Failure to abide bl terms of a payment arrangement. 4. Customer or applicant misrepresented their identity for the purpose of obtaining utility service. 5 Customer or applicant denied or prevented the utility's access to the meter. 6 Willful waste of service through improper equipment or otherwise. 7. Customer or applicant is a minor not competent to contract as defined bl Idaho Code. & Customer or applicant owes money cn an existing account or from a previous account for service provided within the past four years. A utility may deny or terminate service without prior notice to the customer or applicant and without his/her permission for one or more of the following reasons: 1 A situation exists that is immediately dangerous to life, physical safety, or property. 2 The utility is ordered to terminate service by any court,the Commission or other duly authorized public authority. 3. The service is obtained, diverted, or used without the authorization or knowledge of the utility. 4. The utility has made a diligent attempt to notify the customer of termination, but has been unable to make contact. NOTIFICATION 1 A billing may be considered past due thirty (30) days after the billing date. A written notice of termination must be mailed at least seven (7) days before the proposed termination date. (Initial Notice) 2 At least twenty-four(24) hours before the service is terminated, another attempt shall be made to contact the customer n person or by telephone. (Final Notice) 3. If service is not terminated within twenty-one (21) calendar days after the proposed termination date, another initial and final notice are required. 4. Nb additional notice is required if, upon receipt of a termination notice, the customer makes a payment arrangement and fails to keep it, or when payment is made with a dishonored check or electronic payment. WHEN TERMINATION IS NOT ALLOWED 1 The unpaid bill totals less than fifty dollars ($50) or two (2) months service, whichever is less. 2 The unpaid bill is for service to another customer. 3. The unpaid bill results from the purchase of non-utility goods or services. 4. Terminations are not allowed m Friday, Saturday, Sunday, legal holidays recognized bV the State of Idaho, the day preceding legal holidays, or at any time when the company is not open for business. MEDICAL EMERGENCY If the customer or a member of the customer's family is seriously ill or has a medical emergency,the utility will postpone termination of service for thirty (30) days if a written certificate signed bl a licensed physician or public health official is received. PAYMENT ARRANGEMENT The Company may assist you by making payment arrangements not requiring immediate payment in full. Please contact us prior to the Final Date to arrange such a payment plan. COMPLAINT PROCEDURE An informal or formal complaint concerning the termination of service, policies and practices, or any other matter may be filed directly with the utility. If the customer is dissatisfied with the proposed resolution of the complaint, they may contact the Consumer Assistance staff at: Idaho Public Utilities Commission PO Box83720 1 Boise, ID 83720-0074 800-432-0369 (toll free) or 208-334-0369 http:/Iwww.puc.idaho.eov Termination of service is prohibited while a complaint is pending with the Commission or with a court in the State of Idaho. The Commission's Utility Customer Relation Rules are available on the IPUC's website. DEPOSIT The IPUC rules allow utilities to ask for deposits or payment guarantees under specific conditions. At this time,the Company does not require deposits or payment guarantees. 2 Appendix 13E Company Tariff—including General Rules and Regulations (based on Model Tariff 2008) Priest Lake Water Company Sheet 1 SCHEDULE NO. 1 RECURRING CHARGES RESIDENTIAL - Metered Customers Monthly Customer Charge Volume Included $98.00 30,000 Gallons Commodity Charge $3.00 The commodity charge for each additional 10,000 gallons over the minimum volume included (30,000 gallons) Multi-Use Property Additional $50.00 Multi-use property is defined as a duplex, multi-family, multiple R.V. sites, A.D.U.'s, etc. COMMERCIAL - Metered Customers Monthly Customer Charge Volume Included $100.00 30,000 Gallons Commodity Charge $3.00 The commodity charge for each additional 10,000 gallons over the minimum volume included (30,000 gallons) Multi-Use Property Additional $50.00 Multi-use property is defined as a duplex, multi-family, multiple R.V. sites, A.D.U.'s, etc. Meter Readings Meter readings will be done at the end of each month, except when conditions make meters inaccessible. In the event the Company cannot read a customer's meter for a billing period, the customer will only be billed the minimum monthly charge as set forth above. The Company aggregates the monthly allowance (i.e. 30,000 gallons) for each month that no meter reading is taken and bills for all usage exceeding the allowances on the next bill issued after the meter reading is taken. Issued Issue by Priest Lake Water Company Effective Jared Horlacher- Owner Order No Priest Lake Water Company Sheet 2 SCHEDULE NO. 2 NON-RECURRING CHARGES 1. Return check fee for each check return for non-sufficient funds charges a. $20.00 additional of amount owed 2. Shut-off at customer request a. $25.00 during normal working hours b. $50.00 outside of normal working hours 3. Re-connection charge after disconnection for non-payment a. $75.00 during normal working hours and b. $150.00 before or after normal working hours 4. Late Payment Fee - $15.00 additional of past due balance owed at the time of each billing Normal business hours are defined 8:00 a.m. to 5:00 p.m. Monday through Friday except for legal holidays recognized by the Idaho State Government Offices. Normal due date for all bills shall be fifteen (15) days after the billing date. Issued Issue by Priest Lake Water Company Effective Jared Horlacher- Owner Order No Priest Lake Water Company Sheet 3 SCHEDULE NO. 3 HOOKUP FEE (New Service) Residential Commercial Cost of Materials $5,944.00 $5,944.00 Labor $1,500.00 $1,500.00 Total $7,444.00 $7,444.00 Cost of Materials: meter, meter pit, distribution line, valve(s), additional parts and materials, etc. Labor: A minimum of ten (10) hours. Each additional hour, customer will be charged at the contractors hourly rate. Issued Issue by Priest Lake Water Company Effective Jared Horlacher- Owner Order No Priest Lake Water Company Sheet 4 GENERAL RULES & REGULATIONS FOR SMALL WATER UTILITIES 1. 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. 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. Issued Issue by Priest Lake Water Company Effective Jared Horlacher- Owner Order No Priest Lake Water Company Sheet 5 2.9 Customer Charge - a recurring fixed charge to recover a portion of the cost of meter reading and billing. 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. 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. Issued Issue by Priest Lake Water Company Effective Jared Horlacher- Owner Order No Priest Lake Water Company Sheet 6 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. DEPOSITS 4.1 Rules and Regulations regarding deposits can be found in the UCRR. 5. RATES Issued Issue by Priest Lake Water Company Effective Jared Horlacher- Owner Order No Priest Lake Water Company Sheet 7 5.1 Rates charged for water service and supply shall be those published in the Company's tariff and approved by the Commission. 6. 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 condominiums, buildings, stores, apartments 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 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. Issued Issue by Priest Lake Water Company Effective Jared Horlacher- Owner Order No Priest Lake Water Company Sheet 8 6.7 Accounts shall be continued and water bills rendered regularly until the Company has been duly notified to discontinue service. 7. 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. 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 Issued Issue by Priest Lake Water Company Effective Jared Horlacher- Owner Order No Priest Lake Water Company Sheet 9 (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. 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 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 Property owners will not be allowed to connect the water service of different properties together. Issued Issue by Priest Lake Water Company Effective Jared Horlacher- Owner Order No Priest Lake Water Company Sheet 10 8.8 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. INSTALLATION OF SERVICE CONNECTIONS 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. 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: Issued Issue by Priest Lake Water Company Effective Jared Horlacher- Owner Order No Priest Lake Water Company Sheet 11 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. 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. 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. Issued Issue by Priest Lake Water Company Effective Jared Horlacher- Owner Order No Priest Lake Water Company Sheet 12 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. 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. EXTENSION OF WATER MAINS 12.1 The extension of system water mains for the purpose of providing new service shall be handled in accordance with the "Uniform Main Extension Rules for Small Water Companies" which is attached to these Rules and Regulations as an Appendix. 13. MISCELLANEOUS 13.1 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. 13.2 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. 13.3 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. 13.4 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. 13.5 No rate contract or application is assignable from one user to another, except upon agreement of all parties concerned. 13.6 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 Issued Issue by Priest Lake Water Company Effective Jared Horlacher- Owner Order No Priest Lake Water Company Sheet 13 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. 13.7 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. 13.8 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. 13.9 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. Issued Issue by Priest Lake Water Company Effective Jared Horlacher- Owner Order No Priest Lake Water Company Sheet 14 14. Short-term Rentals 14.1 Renting of any portion of the Premises for less than thirty (30) days shall be billed at the commercial rate. 14.2 Renting of any portion of the Premises for thirty (30) days or more shall be billed at the standard residential rate. 15. Diversion of Water 14.3 Customers shall not divert water from Lamb Creek, nor any other source, in order to service or irrigate their Premises, unless the Customer has a license from the Idaho Department of Water Resources to do so. 14.4 Penalties, in accordance with the Idaho Public Utility Commission, the Idaho Department of Water Resources, and any other applicable law, shall be imposed for unpermitted diversion of water from Lamb Creek, or any other source. Issued Issue by Priest Lake Water Company Effective Jared Horlacher- Owner Order No Appendix 13F Company Main Extension Rules:Model Uniform Main Extension Rule of Water Utilities 2009 UNIFORM MAIN EXTENSION RULE FOR WATER UTILITIES Based on Order Na 7830 (Case Na U-1500-22) A GENERAL PROVISIONS AND DEFINITIONS 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 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. 2. Definitions a. Bona Fide Customer, for the purposes of this Rule, shall be a customer (excluding any customer formerly served at the same location) who has given satisfactory evidence that service will be reasonably permanent to the property which has been improved with a building of permanent nature and to which service has commenced. The provision of service to a real estate developer or builder during the construction or development period shall not establish him as a bona fide customer. b. Real Estate Developer or Builder, for purposes of this Rule, shall include any individual, association of individuals, partnership, or corporation that divides a parcel of land into two (2) or more portions. c Adjusted Construction Cost, for the purposes of this Rule, shall be reasonable and shall not exceed the costs recorded in conformity with generally accepted water utility accounting and sound engineering practices, and as specifically defined in the, Uniform System of Accounts SWC Model Uniform Main Extension 2009.doc 1 for Water Utilities prescribed by the Commission, of installing facilities, of adequate capacity for the service requested. If the utility at its option should install facilities with' a larger capacity or resulting in a greater footage of extension than required for the service, the adjusted construction cost for the purposes of this Rule shall be determined by the application of an adjustment factor to actual construction cost of facilities installed. This factor shall be the ratio of estimated cost of required facilities to estimated cost of actual facilities installed. d. Commission shall mean the Idaho Public Utilities Commission. a 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. 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. 4. 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 SWC Model Uniform Main Extension 2009.doc 2 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 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. 5. 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.l.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 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. 6. 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. SWC Model Uniform Main Extension 2009.doc 3 7. 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 parry, the utility, applicant or applicants may refer the matter to the Commission for determination. B. EXTENSIONS TO SERVE INDIVIDUALS 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 main extension from the nearest existing utility facility is not in excess of fifty (50) feet per service connection. 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. 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. 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 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. C. EXTENSIONS TO SERVE SUBDIVISIONS, TRACTS, HOUSING PROJECTS INDUSTRIAL DEVELOPMENTS OR ORGANIZED COMMERCIAL DISTRICT L 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 SWC Model Uniform Main Extension 2009.doc 4 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.i.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 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 AAb. 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 parry 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 I.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 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 bV the number of lots to be served by the special facilities. This advance per lot shall be refunded for each lot cn which one or more bona fide customers are served by those facilities. SWC Model Uniform Main Extension 2009.doc 5 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." 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 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 numbor 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 ofthe 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. 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