20241205Application.pdf

6 DRY CREEK WATER COMPANY, LL(
RECEIVED
Friday, November 8, 2024
November 8, 2024 IDAHO PUBLIC
UTILITIES COMMISSION
Commission Secretary Case No.: DRY-W-24-02
Idaho Public Utilities Commission
PO Box 83720
Boise, Idaho 83720-0074
VIA EMAIL to [e-mail]
RE: Application for Certificate of Public Convenience and Necessity
Dry Creek Water Company LLC
Dear Commission Secretary,
Dry Creek Water Company LLC (the "Company") has submitted an application for Certificate of
Public Convenience and Necessity (CPCN) along with required supplemental information
Company information electronically to [e-mail]. Company information
follows:
Dry Creek Water Company LLC
James H. Hunter, Manager
923 S Bridgeway PI
Eagle, ID 83616
208-577-5501
[e-mail]
The Company's system provides groundwater for municipal purposes produced in accordance
with Idaho Department of Water Resources Permit #63-32423 in combination with associated
irrigation rights. The Company will serve the Dry Creek Ranch subdivision in Ada County,
Idaho.
The application is submitted in accordance with the Stipulation and Settlement Agreement (the
"Settlement") associated with Case No. DRY-W-24-01 and Order No. 36361. The application
includes responses to the CPCN Information Checklist with supplemental information included
in attachments as described below.
923 5 Bridgeway Place I Eagle, ID 83616 1 208-577-5501

CPCN Application
Page 2
Attachment No. Description
1 Company and Dry Creek HOA Corporate Documents
2 Service Area Legal Description and Map
3 System Map
4 DEQ Approval and Sanitary Survey
5 Water Rights
6 Certified Operator
7 Facility Plan
8 Major Equipment
9 Metered Source Production
10 Service Connections
11 Ta riff
12 Customer Notice of CPCN Application
13 Bills, Notices, Annual Rules
Staff has reviewed the Company's service rates and believes them to be fair, just and
reasonable. Per the Settlement, the Company has agreed not to raise rates until after it is
regulated by the Commission. The Company will begin operating as a public utility effective
January 1, 2025.
Please contact Ann Dickey at 208-614-2147 or me with any questions or concerns.
Sin r ly, a
James H. Hunter, Manager

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:
b. Business organization:
c. Copy of Certificate of Organization:
d. Certified copy of Articles of incorporation, by-laws, or other organizational
documents:
e. Business Address and/or mailing address:
Additional Request per settlement agreement:
f. Copies of amended Dry Creek Ranch HOA corporate documents including by-
laws and CCR's.
Response: Dry Creek Water Company is a Limited Liability Company organized in
the State of Idaho.
Business Address:
Dry Creek Water Company, LLC
923 S Bridgeway PI
Eagle, ID 83616
Mailing Address:
Dry Creek Water Company, LLC
2876 E. State St.
Suite 120 #426
Eagle, ID 83616
See Attachment 1 for copies of corporate documents:
Attachment 1.1 Dry Creek Water Company LLC Certificate of Organization
Attachment 1.2 Dry Creek Water Company LLC Operating Agreement
Attachment 1.3 Dry Creek Ranch HOA By-Laws
Attachment 1.4 Dry Creek Ranch HOA Master CC&R's
Attachment 1.4 Dry Creek Ranch HOA Amendment to Master CC&R's
Attachment 1.5 Termination of Water Delivery Agreement
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)
CPCN- 1

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.
Response: See Attachment 2
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.
Response: See Attachment 3. There are no other water utilities near the
requested service area.
4. Attach a copy of Idaho Department of Environmental Quality("DEQ")water
system approval letter, its most recent sanitary survey, and/or any correspondence.
Response: There are no other water utilities near the requested service
area.
See Attachment 4 for DEQ approvals and recent sanitary survey.
Attachment 4.1 Authorization to Serve — Wells 1 and 2
Attachment 4.2 Authorization to Serve — Well 3
Attachment 4.3 Sanitary Survey
5. A copy of all water right licenses or permits.
Response: See Attachment 5.
Attachment 5.1 Permit #63-32432
Attachment 5.2 Right #63-2535
Attachment 5.3 Right #63-402313
Attachment 5.4 Right #63-4086B
Attachment 5.5 Right #63-7123
Attachment 5.6 Right #63-17454
Attachment 5.7 Right #63-32266
6. Provide the name of the certified water operator with their certificate number.
Response: See Attachment 6.
CPCN-2

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.
b. Expected annual revenue with anticipated monthly water rates and other charges;
c. If new water company and no financial history,provide a budget with
expected costs to operate, monthly water rates, and other charges.
Response: Financial information has been provided in recent submittals
and reviewed by PUC Staff. Additional copies can be provided
to PUC upon request.
8. Does the Company have a facility plan? If so,please provide a copy.
Response: See Attachment 7.
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.
Response: The Potable Water Supply (PWS) system at Dry Creek Ranch
consists of three groundwater wells, distribution mainlines, and
service lines with meters and smart radios. An RNI system
collects real time system information and meter data for billing.
Fire hydrants throughout the community are owned and
serviced by the PWS.
The system is relatively new, with all equipment installed in 2017
or later. The existing system is sufficient to serve the existing
customers and is designed to be expanded with a storage tank
and booster stations to meet the flow and pressure demands of
the Dry Creek Ranch community at full buildout.
The Company owns historic agricultural irrigation water rights
that are converted to municipal rights on an annual basis to
supply the demands of the PWS. Careful management of the
water rights portfolio, including farming of water intensive
crops, is necessary to maintain beneficial use of the rights and
ensure the maximum volume of water is transferred from
irrigation use to municipal use to meet the needs of the
community at full buildout.
CPCN-3

A separate water distribution system serves water to agricultural
crop fields and HOA common areas. Connections on this
system are not metered and have not been charged for water
service because the use is necessary to prove beneficial use of
the irrigation rights.
In the most recent Sanitary Survey, DEQ included a requirement
for the Company to implement an asset management program
when feasible.
10. If available, provide the following information for the Company's major
equipment:
a. Size and material of distribution piping;
b. Make, model, and capacity limit of storage tanks/reservoir, whether pressurized or
unpressurized;
c. Make, model, and rating of each booster pump and motor;
d. Make, model, and rating of each well pump and motor;
e. Make, model, and capacity of all water treatment equipment;
f. Year, make, model and capacity for a backup generator. Does it have an automatic
transfer switch?
Response: See Attachment 8.
11. Provide the monthly metered amount of water(in gallons)pumped from each
water source, for the past three years. If available, provide it in Microsoft Excel
format.
Response: See Attachment 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.
Response: 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;
b. Additional connections the water system can provide water to. This could include
vacant lots without service connections; and
c. If empty/vacant lot, are there meter pits or water service connection at the property
easement?
CPCN-4

Response: See Attachment 10.
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
years.
a. 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.
Response: See Attachment 11.
15. Provide any additional charges and fees, such as hookup charges, reconnection
fees, late fees, etc.
Response: This information is included in the tariff in Attachment 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.
[phone]
Response: See Attachment 12.
17. Attach samples of the following (upon request samples can be provided):
a. Bill invoice/statement
b. Initial Notice—Termination of Service
c. Final Notice—Termination of Service
d. Annual Summary of Rules
e. Company Tariff—including General Rules and Regulations
f. Company Main Extension Rules
Response: See Attachment 13 for copies of example bills and notices and
the Cross Connection Policy. The tariff and initial rules can be
found in Attachment 11.
Attachment 13.1 Sample Bill
Attachment 13.2 Sample Notices
Attachment 13.3 Annual Rules Summary
CPCN- 5

Dry Creek Water Company LLC
Application for Certificate of Public Convenience and Necessity
Table of Attachments
Attachment Description
1 Corporate Documents
1.1 Dry Creek Water Company LLC-Certificate of Organization
1.2 Dry Creek Water Company LLC-Operating Agreement
1.3 Dry Creek Water Company LLC and Dry Creek Ranch HOA
-Termination of Water Delivery Agreement
1.4 Dry Creek Ranch HOA- Master CC&R's
1.5 Dry Creek RanchHOA-AmendmenttoMasterCC&R's
1.6 Dry Creek Ranch HOA- Bylaws
2 Dry Creek Ranch Service Area and Legal Description
3 Water System Master Map
4 DEQ Authorization and Inspection
4.1 Authorization to Serve-Wells 1 and 2
4.2 Authorization to Serve-Well 3
4.3 2024 DEQ Sanitary Survey
5 Water Rights
5.1 Permit 63-32423
5.2 Right 63-2535
5.3 Right 63-4023B
5.4 Right 63-4086B
5.5 Right 63-7123
5.6 Right 63-17454
5.7 Right 63-32266
6 Certified Operator
7 Facility Plan
8 Major Equipment
9 Metered Production
10 Service Connections
11 Dry Creek Water Company LLC-Tariff
12 Customer Notice of CPCN Application
13 Sample Bill, Notices, and Rules
13.1 Sample Bill
13.2 Sample Initial and Final Termination Notices
13.3 Sample Annual Rules Summary

Attachment 1
Dry Creek Water Company LLC
and Dry Creek Ranch HOA
Corporate Documents

Attachment 1.1
Dry Creek Water Company LLC
Certificate of Organization

251 CERTIFICATE OF ORGANIZATION
���rT s e 3l on
y LIMITED LIABILITY COMPANY
Title 30, Chapters 21 and 25, Idaho Code 1017 FEB 17 PM 12: 02
T�r�Y( �4ti Filing fee: $100 typed, $120 not typed
Complete and submit the application in duplicate. SECRETARY OF STATE
STATE OF IDAHO
1. The name of the limited liability company is:
Dry Creek Water Company LLC
(Remember to include the words"Limited Lialidily Company,""Limited Company,"or file abbreviations L.L.C.,LLC.or LC)
2. The complete street and mailing addresses of the principal office is:
1025 S Bridgeway PL, Ste 290, Eagle, ID 83616
(Street Address)
(htaiiinp Address,if different)
3. The name of the registered agent and the street address of the registered agent:
John Marshall 575 W Bannock St, Ste B, Boise, ID 83702
i,ante) (Addioss cannol he a port ufhco box or postal maul box.)
4. The name and address of at least one governor of the limited liability company:
BHH Investors 1414, LLC 1025 S Bridgeway PL, Ste 290, Eagle, ID 83616
(Address)
(Address)
lam(!) (Address)
"5ddress`
5. Mailing address for future correspondence (annual report notices):
1025 S Bridgeway PL, Ste 290, Eagle, ID 83616
(Address)
Signature::frzer(s). Secretary of State use only
Si nature
Printed Name: John Marshall IDAHO SECRETARY OF STATE
02/17/2017 05: 00
Signature: CK: 12919682 CT:1'72099 BH: 1569522
g 1@ 100 . 00 = 100 . 00 DRGAU LLC #4
1@ 20 . 00 = 20 .00 EXPEDITE C #5
Printed Name:
Ruv.ttnots
Att.i.1-1

Attachment 1.2
Dry Creek Water Company LLC
Operating Agreement

OPERATING AGREEMENT
OF
DRY CREEK WATER COMPANY LLC
A Single Member Limited Liability Company
Dated Effective: February 17, 2017
Att. 1.2-1

TABLE OF CONTENTS
(The Table of Contents for this Operating Agreement is for convenience of reference
only and is not intended to define, limit or describe the scope or intent of any provisions of this
operating agreement.)
Paragraph Page
ARTICLE 1. GENERAL PROVISIONS........................................................................................3
1.1 Name.....................................,..........,...,...,.,.,,...... ............,.....................................3
1.2 Articles of Organization.............................,............................................................3
1.3 Principal Place of Business....................................................................................3
1.4 Registered Office and Registered Agent................................................................3
1.5 Agreement..............................................................--.-.................. ..................3
1.6 Business Purposes............................................ .......................... .............. ... .....3
1.7 Title to Company Property. ............... ....................................................................3
1.8 Effect of Bankruptcy, Death or Incompetency of a Member. ..................................3
ARTICLE 2. MEMBER, CONTRIBUTIONS, AND INTERESTS...................................................4
2.1 Name and Address..........................................,..............,......................................4
2,2 Contributions. ........................................................................................................4
2.3 Members. ..............................................................................................................4
2A Limitation of Liability..............................................................................................4
2.5 Other Business of Member....................................................................................4
2.6 No Additional Contributions. ................................................. 4
2.7 No Interest on Capital Contributions. .....................................................................4
ARTICLE 3. MANAGEMENT, MEMBERS AND AMENDMENTS................................................5
3.1 Manager. ...............................................................................................................5
3.2 Authority of Manager to Bind the Company. ..........................................................5
3.3 Voting Rights.........................................................................................................5
3.4 Member Meetings..................................................................................................5
3.5 Amendment. ..........................................................................................................5
ARTICLE 4. ACCOUNTING AND RECORDS..... .......................................................................5
4.1 Books of Account...................................................................................................5
4.2 Fiscal Year. ................. .........................................................................................5
ARTICLE 5. PROFITS, LOSSES AND DISTRIBUTIONS ...........................................................5
5.1 Profits and Losses.......................................................................... ......................5
5.2 Distributions...........................................................................................................6
5.3 Single Member LLC....... .................................. .... ...............................................6
ARTICLE 6. ADDITIONAL MEMBERS .......................................................................................6
6.1 Admission of New Members. .................................................................................6
6.2 Rights of Unadmitted Assignees............................................................................6
Table of Contents-i
Att. 1.2-2

ARTICLE 7. DISSOLUTION........................................................................................................6
7.1 Events of>}issolution............................................................... .. ........... ..............6
7.2 Liquidation Upon Dissolution and Winding Up. ...........................................
ARTICLE 8. INDEMNIFICATION..................................... ..........................................................7
ARTICLE 9. MISCELLANEOUS .................................................................................................7
9.1 Headings................ ..............................................................................................7
9.2 Severability................................................ .......... ................................................7
9.3 Third-Party Beneficiaries. ............................................................. ........................7
9.4 Company Not Separate Entity for Tax Purposes....................................................7
9.5 Binding Effect. .......................................................................................................7
9.5 Construction. ...........__.......____..........___.......... .............. ..................7
9.7 Time......... .........................................................__...............................................7
9.8 Governing Law. .................................................................. ........ .............. ..........8
9.9 Nofice....... ............................................................................................................8
9.10 Rights and Remedies Cumufative..........................................................................8
9.11 Waivers. ................................................................................................................8
9.12 Attorney Fees. ......._._............................. .................................. .................8
Table of Contents-ii
Att. 1.2-3

OPERATING AGREEMENT
OF
DRY CREEK WATER COMPANY LLC
The undersigned Member (defined below), desiring to form a limited liability company
under the Idaho Limited Liability Company Act ("Act"), hereby agrees as follows:
ARTICLE 1.
GENERAL PROVISIONS
1.1 Name. The name of the limited liability company is DRY CREEK WATER
COMPANY LLC (hereinafter the "Company").
1.2 Articles of Organization. The Articles of Organization for the Company were filed
with the Idaho Secretary of State on February 17, 2017 ("Articles").
1.3 Principal Place of Business. The principal place of business shall be 1025 S.
Bridgeway Place, Ste 290, Eagle, Idaho 83616 or such other location or locations as the
Manager (defined below) may establish from time to time.
1.4 Registered Office and Registered Agent. The Company's initial registered office
shall be at 575 W. Bannock St, Ste B, Boise, Idaho 83702, and the name of its initial registered
agent at such address shall be John Marshall. The Manager may change the registered office
and registered agent from time to time.
1.5 Agreement. The Member executing this Operating Agreement hereby agrees to
the terms and conditions of the Operating Agreement, as it may from time to time be amended
according to its terms. To the extent any provision of the Operating Agreement is prohibited or
ineffective under the Act, the Operating Agreement shall be considered amended to the
smallest degree possible in order to make the Operating Agreement effective under such Act.
In the event the Act is subsequently amended or interpreted in such a way to make any
provision of the Operating Agreement that was formerly invalid valid, such provision shall be
considered to be valid from the effective date of such interpretation or amendment.
1.6 Business Purposes. The primary purpose of the Company shall be to own and
develop real property and engage in all other lawful business.
1.7 Title to Company Property. All property owned by the Company shall be owned
by the Company as an entity and, insofar as permitted by applicable law, no member shall have
any ownership interest in any Company property in its individual name or right, and each
member's interest in the Company shall be personal property for all purposes.
1.8 Effect of Bankruptcy. Death or Incompetency of a Member. The bankruptcy,
death, dissolution, liquidation, termination or adjudication of incompetency of a member shall
not cause the termination or dissolution of the Company and the business of the Company shall
continue. Upon any such occurrence, the trustee, receiver, executor, administrator, committee,
OPERATING AGREEMENT-3
Att. 1.2-4

guardian or conservator of such member shall have all the rights of such member for the
purpose of settling or managing its estate or property, subject to satisfying conditions precedent
to the admission of such assignee as a substitute member. The transfer by such trustee,
receiver, executor, administrator, committee, guardian or conservator of any Company Interest
shall be subject to all the restrictions, hereunder to which such transfer would have been subject
if such transfer had been made by such bankrupt, deceased, dissolved, liquidated, terminated,
or incompetent member. The foregoing shall apply to the extent permitted by applicable law.
ARTICLE 2.
MEMBER, CONTRIBUTIONS, AND INTERESTS
2.1 Name and Address. The member of the Company is BHH Investors 1414, LLC,
an Idaho limited liability company, whose address is 1025 S. Bridgeway Place Ste, 290, Eagle,
Idaho 83616 (referred to herein collectively as the "Member").
2.2 Contributions. The Member's initial contribution shall be shown on the books and
records of the Company.
2.3 Members. As applicable, and as meaning and context may require, the
Company has only one Member and the Company shall be treated as a disregarded entity.
References in this Operating Agreement to "members" shall be deemed to refer to the single
Member.
2.4 Limitation of Liability. The Member's liability shall be limited to the maximum
extent permitted by applicable law. The failure of the Company to observe any formalities or
requirements relating to the exercise of its powers or management of its business or affairs shall
not be grounds for imposing personal liability on the Member for liabilities of the Company.
2.5 Other Business of Member. Subject to the limitations of Article 1, the Member
may engage independently or with others in other business and investment ventures of every
nature and description even if it conflicts with the business of the Company, and shall have no
obligation to account to the Company for such business or investments or for business or
investment opportunities.
2.6 No Additional Contributions. The Member shall not be required to make any
additional capital contributions.
2.7 No Interest on Capital Contributions. No interest shall be paid on capital
contributions.
OPERATING AGREEMENT-4
Att. 1.2-5

ARTICLE 3.
MANAGEMENT, MEMBERS AND AMENDMENTS
3.1 Manager. The Company shall be managed by a manager or managers chosen
by the Member from time to time (the "Manager"). A manager may be an individual or entity,
and need not be a member of the Company. The initial manager shall be BHH Investors 1414,
LLC (referred to herein as the "Manager").
3.2 Authority of Manager to Bind the Company. Except for those situations either in
which the approval of the Member is required by the Act or this Operating Agreement, the
Manager, acting jointly or severally, shall have and exercise full, complete and exclusive
authority, power and discretion to manage and control the business, property and affairs of the
Company, to make all decisions regarding those matters and to perform any and all other acts
or activities customary or incident to the management of the Company's business, property and
affairs. This authority shall not require further authorizing resolution or other approval. All
decisions made and actions taken by a manager with respect to the management and control of
the Company shall be binding on the Company and the Member.
3.3 Voting Rights. The Member shall not be required to vote on any matter with
respect to which a Manager has authority to act under Subsection 3.2 above, unless the vote of
the Member is specifically requested by the Manager.
In the event, the Company admits additional members pursuant to the Section 6.1 of this
Operating Agreement, on any matter requiring action by the members, each member shall be
entitled to vote the member's percentage membership interest.
3.4 Member Meetings. Unless and until the Company has more than one (1)
member, member meetings shall not be required.
3.5 Amendment, The Member may amend or repeal the provisions of this Operating
Agreement by a writing signed by the members. This Operating Agreement may not be
amended or repealed by oral action.
ARTICLE 4.
ACCOUNTING AND RECORDS
4.1 Books of Account. The Manager shall maintain the Company's books and
records and this Operating Agreement. The Manager shall keep, or cause to be kept, books
and records of the operation of the Company which are appropriate and adequate for the
Company's business and for the carrying out of this Operating Agreement.
4.2 Fiscal Year. The fiscal year of the Company shall be the calendar year.
ARTICLE 5.
PROFITS, LOSSES AND DISTRIBUTIONS
5.1 Profits and Losses. Profits and losses of the Company shall be allocated one
hundred percent (100%) to the Member.
OPERATING AGREEMENT-5
Att. 1.2-6

5.2 Distributions. The Company shall make distributions to the Member at such time
and in such amounts as the Manager shall determine.
5.3 Single Member LLC. If and for so long as the Company has only a single
member, the Company intends to be treated as a disregarded entity" solely for purposes of
state and federal income taxes; and all items of income, gain, loss, deduction and credit shall be
allocated to the Member in accordance with the applicable provisions of the Internal Revenue
Code.
ARTICLE 6.
ADDITIONAL MEMBERS
6.1 Admission of New Members. Persons may be added as new members or as
assignees upon the consent of the existing Member; provided, however, a person shall not
become a member unless and until such person agrees to be bound by this Operating
Agreement and to satisfy any other reasonable requirements of the Manager. Notwithstanding
the foregoing, in the event of the death of the Member, the Members estate, by and through the
legal representative of the estate, shall have all of the rights of the Member under the Act and
this Operating Agreement.
6.2 Rights of Unadmitted Assignees. A person who acquires a membership interest
but who is not admitted as a member pursuant to Section 6.1 ("Assignee") shall be entitled only
to the economic rights with respect to such transferred membership interest in accordance with
this Operating Agreement, and shall have no right to vote on any matters as a member, shall
have no right to any information or accounting of the affairs of the Company, shall not be
entitled to inspect the books or records of the Company and shall not have any of the rights of a
member under the Act or this Operating Agreement,
ARTICLE 7.
DISSOLUTION
7.1 Events of Dissolution. Except as otherwise provided in this Operating Agreement
or the Act, the Company shall dissolve upon the vote of dissolution by the Member.
7.2 Liquidation Upon Dissolution and Winding Up. Upon the dissolution of the
Company, the affairs of the Company shall be wound up. A full account of the assets and
liabilities of the Company shall be taken. The assets shall be promptly liquidated and the
proceeds applied as follows:
1) First, to the payment and discharge of all of the Company's debts and
liabilities to creditors other than the Member;
2) Second, to the payment and discharge of all of the Company's debts and
liabilities to the Member; and
3) The balance, if any, to the Member.
With approval of the Member, the Company may, in the process of winding up, elect to
distribute property in kind.
OPERATING AGREEMENT-6
Att. 1.2-7

ARTICLE 8.
INDEMNIFICATION
The Company shall indemnify the Member and Manager to the fullest extent permissible
under applicable law, against all liability, loss and costs (including, without limitation, attorney
fees through all levels of appeal) incurred or suffered by such person by reason of or arising
from the fact that such person is or was a member or manager of the Company, or is or was
serving at the request of the Company as a member, manager, director, officer, partner, trustee,
employee, or agent of another foreign or domestic limited liability company, corporation,
partnership, joint venture, trust, benefit plan, or other enterprise. The Company may, by action
of the Manager, provide indemnification to employees and agents of the Company. The
indemnification provided in this section shall not be exclusive of any other rights to which any
person may be entitled under any statute, bylaw, agreement, resolution of the Member,
contract, or otherwise.
ARTICLE 9.
MISCELLANEOUS
9.1 Headings. Headings in this Operating Agreement are for convenience only and
shall not affect its meaning.
9.2 Severability. The invalidity or unenforceability of any provision of this Operating
Agreement shall not affect the validity or enforceability of the remaining provisions.
9.3 Third-Party Beneficiaries. The provisions of this Operating Agreement are
intended solely for the benefit of the Member and shall create no rights or obligations
enforceable by any third party, including creditors of the Company, except as otherwise
provided by applicable law.
9.4 Company Not Separate Entity for Tax Purposes. The Member has formed the
limited liability company under the Act, and expressly intends to have the limited liability
company disregarded as a separate entity for purposes of federal and state income taxation.
To the extent that such treatment is not obtained due to any provision in this Operating
Agreement, this Operating Agreement shall be retroactively amended to the smallest degree
necessary to provide for and allow such treatment. The Member hereby consents to any and all
such amendments.
9.5 Binding Effect. Except as otherwise provided in this Operating Agreement, every
covenant, term, and provision of this Operating Agreement shall be binding upon and inure to
the benefit of the Member and his or her heirs, legatees, legal representatives, successors,
transferees, and assigns.
9.6 Construction. Every covenant, term, and provisions of this Operating Agreement
shall be construed simply according to its fair meaning.
9.7 Time. Time is of the essence with respect to this Operating Agreement.
OPERATING AGREEMENT-7
Att. 1.2-8

9.8 Governing Law. The laws of the State of Idaho shall govern the validity of this
Operating Agreement, the construction of its terms, and the interpretation of the rights and
duties of the Member.
9.9 Notice. All notices, demands, requests and other communications required or
permitted hereunder shall be in writing and shall be deemed delivered on the earlier of (i) three
(3) days after the date of posting of registered or certified mail, addressed to the addressee at
its address set forth herein or at such other address as such party may have specified
theretofore by notice delivered in accordance with this section, (ii) attempted delivery or refusal
to accept delivery if sent by courier or other personal delivery service, or (iii) actual receipt by
the addressee regardless of the method of giving notice. The addresses in this Operating
Agreement, as amended from time to time, shall be used for purposes of giving notice to the
Member.
9.10 Rights and Remedies Cumulative. The rights and remedies provided by this
Operating Agreement are cumulative and the use of any one right or remedy by any party shall
not preclude or waive the right to use any or all other remedies. Said rights and remedies are
given in addition to any other rights the parties may have by law, statute, ordinance or
otherwise.
9.11 Waivers. The failure of any party to seek redress for violation of or to insist upon
the strict performance of any covenant or condition of this Operating Agreement shall not
prevent a subsequent act, which would have originally constituted a violation, from having the
effect of an original violation.
9.12 Attorney Fees. In the event any action is instituted to enforce or determine the
parties' rights or duties arising out of the terms of this Operating Agreement, the prevailing party
shall recover reasonable attorney fees and costs through all levels of any action incurred in
such proceeding.
ADOPTED effective as of the date first set forth above, by the undersigned referred to
herein as the Member of the Company.
BHH INVESTORS 1414, LLC,
An Idaho limited liability company
By its manager Dry Creek Management, LLC,
(/ /By;
es H. nter, manager
OPERATING AGREEMENT-8
Att. 1.2-9

Attachment 1.3
Dry Creek Water Company LLC
and Dry Creek Ranch HOA
Termination of Water Delivery Agreement

ADA COUNTY RECORDER Trent Tripple 2024-062232
BOISE IDAHO Pgs=2 BONNIE OBERBILLIG 11/01/2024 12:51 PM
VENTURE TITLE&ESCROW COMPANY $13.00
SPAC E ABOVIi FOR RECORI)FR S t!SF.
TER-NIINATION OF WATER DE1,1v'ERY AGREEMENT
Dry Creek Water Company. LLC and Dry Creek Ranch 1 iomeowiers ,-association. Inc. are the
parties to a Water Delivery Agreement. dated September 7. 2018 and recorded as instrument no
2018-086108 in the records of Ada County. Idaho (the "Water Agreement"). The parties hereby
agree to terminate the Water Agreement effective this _3Ct dax of_OG� 202_!J.
Dry Creek Water Company, LLC Dry Creek Ranch Homeowners Association.
Inc.
Bv: B` i
meS f1. Ifunter. Manager Randi .1. Meredith. President
Att. 1.3-1

State of Idaho )
County of Ada )
On this T day of G in the year 202�. James 11. 1 iunter.
known or identified to me to be the Manager of Dry Creek Water Company. LLC, and the person
who executed the instrument on behalf of said company. acknowledged to me that such company
executed the same.
KARA SCHOFIELD
COMMISSION 0616 -f
NOTARY PUBLIC Notary Public Tor Gfr1U K�
STATE OF IDAHO My Commission expire
MY COMMISSION EXPIRES 09/02/2027
State of Idaho )
County of Ada )
On this_�� day of in the year 202�. before me, a Notary
Public, personally appeared Randi .1. Meredith. known or identified to me to be the President of
Dry Creek Ranch I lomeo-wriers Association. Inc.. the person who executed the instrument on
behalf of said corporation, and acknowledged to me that such corporation executed the same.
NA f - ,Y/.
Notary Public for T �
KARASO #4LD My Commission expires _ -Z-Z-7
coMMlsslON
o616 p
(NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 09/02/2027
Aft. 1.3-2

Attachment 1.4
Dry Creek Ranch HOA
Master CC&R's

DRY CREEK RANCH
ADA COUNTY RECORDER Christopher D.Rich 2018-086112
BOISE IDAHO Pgs=52 VICTORIA BAILEY 09/11/2018 11:38 AM
TITLEONE BOISE $163.00
Master Declaration of Covenants, Conditions
& Restrictions
For
Dry Creek Ranch Planned Community
MASTER DECLARATION OF COVENANTS,CONDITIONS&RESTRICTIONS
FOR DRY CREEK RANCH PLANNED COMMUNITY-1 VERSION:September 7,2018
Att. 1.4-1

DRY CREEK RANCH
THIS MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR DRY CREEK RANCH PLANNED COMMUNITY is made effective on theJ�
by BHH Investors 1414, LLC, an Idaho limited liability company, and Brookside Developers, Inc., an
Idaho Corporation,hereinafter collectively referred to as the"the Declarant."
WHEREAS, the Declarant is the owner of certain real property in the County of Ada, State of
Idaho, hereinafter referred to as the "Property," more particularly described as Exhibit A attached hereto
and made a part hereof.
ARTICLE I
DECLARATION
I.I. The Declarant hereby declares that the Property and each Building Lot, parcel or portion
thereof, is and/or shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and
improved subject to the following terms, covenants, conditions, reservations, easements and restrictions,
all of which are declared and agreed to be in furtherance of a general plan for the protection, maintenance,
subdivision, improvement and sale of the Property, and to enhance the value, desirability and
attractiveness of the Property. The terms, covenants, conditions, reservations, easements and restrictions
set forth herein shall run with the land constituting the Property and with each estate therein,and shall be
binding upon all persons having or acquiring any right, title, or interest in the Property or any Building
Lot, parcel or portion thereof: shall inure to the benefit of every Building Lot, parcel or portion of the
Property and interest therein, and shall inure to the benefit of and be binding upon the Declarant, it
successors in interest and each Grantee or Owner and his respective successors in interest, and may be
enforced by the Declarant,by an Owner or his successor in interest.
1.2. Notwithstanding the foregoing, no provision of this Declaration shall be construed as to
prevent or limit the Declarant's right to complete development of the Property and to construct
improvements thereon, nor the Declarant's right to maintain model homes, construction, sales or leasing
offices of similar facilities on any portion of the Property, nor the Declarant's right to post signs
incidental to construction, sales or leasing.
MASTER DECLARATION OF COVENANTS, CONDITIONS &RESTRICTIONS
FOR DRY CREEK RANCH PLANNED COMMUNITY-2 VERSION: September 7,2018
Att. 1.4-2

DRY CREEK RANCH
ARTICLE II
DEFINITIONS
2.1 "Articles"shall mean the Articles of Incorporation of the Association.
2.2 "Assessments"shall mean those payments required of Owners and Association Members
including Regular, Special, and Limited Assessments of the Association as further defined in this
Declaration.
2.3 "Association" shall mean and refer to Dry Creek Ranch Homeowners' Association,Inc.,
an Idaho non-profit corporation,its successors and assigns.
2.4 "Association Rules" shall mean those rules and regulations promulgated by the
Association governing conduct upon the use of the Property under the jurisdiction or control of the
Association, the imposition of fines and forfeitures for violation of Association rules and regulations, and
procedural matters for use in the conduct of business of the Association.
2.5 "Beneficiary" shall mean a mortgagee under a mortgage or beneficiary under a deed of
trust, as the case may be, and/or the assignees of such mortgagee, beneficiary or holder, which mortgage
or deed of trust encumbers parcels of real property on the Property.
2.6 "Board" shall mean the Board of Directors or other governing board or individual, if
applicable,of the Association.
2.7 "Building Lot"shall mean and refer to any plot of land showing upon any recorded plat
of the Property. The term"Building Lot"shall not include Common Area but may include condominium
units to the extent that any are located on the Property.
2.8 "Bylaws"shall mean the bylaws of the Association.
2.9 "Class B Member Termination Date" shall mean the date on which; (a) the Declarant
no longer owns any Building Lot or any other portion of the Property; and (b) the Declarant informs the
Board in writing that the Class B membership is terminated.
2.10 "Common Area" shall mean all real property (including all the improvements thereto)
owned by the Association for the common use and enjoyment of the Owners. The Common Area in Dry
Creek Ranch Planned Community may include, without limitation, parcels designated as common
landscaped areas, irrigation facilities, private streets or drives, parking areas or drives, common open
space, park areas, Association facilities (including storage and maintenance facilities), homeowner
recreation facilities, and other amenities and facilities. Common Area shall be owned and maintained by
the Association, or its assigns and may include easement and/or license rights. Common Area may be
established from time to time by the Declarant by describing such area on a recorded Plat,by granting or
MASTER DECLARATION OF COVENANTS,CONDITIONS &RESTRICTIONS
FOR DRY CREEK RANCH PLANNED COMMUNITY-3 VERSION:September 7,2018
Att. 1.4-3

DRY CREEK RANCH
reserving Common Area in a deed or other instrument, or by designating Common Area as such in this
Declaration or any Supplemental Declaration.
2.11 "Common Expenses" shall mean the actual and estimated expenses incurred or
anticipated to be incurred by an Association for the general benefit of all Members, including any
reasonable reserve, as the Board may find necessary and appropriate pursuant to this Declaration, the
Bylaws and Articles.
2.12 "Community-Wide Standard" shall mean the standard of conduct, maintenance, or
other activity generally prevailing throughout the Property and Dry Creek Ranch in accordance with the
Project Documents. Such standard may be more specifically determined from time to time by the Board
and/or the Design Committee.
2.13 "Conservation Advisory Committee" shall mean that certain entity identified and
described in the Wildlife Mitigation Plan that shall meet annually to review conservation actions and
associated short- and long-term goals for conservation in the Subdivision. The Conservation Advisory
Committee will work with the Conservation Director to identify on- or off-site easements or real property
acquisitions satisfying the intent of the Wildlife Mitigation Plan. The Conservation Advisory Committee
shall be made up of five (5) representatives, including a representative from: (1) the Association; (2) the
County; (3)Idaho Department of Fish&Game; (4)an entity designated by the Declarant and County that
will be the steward of the Conservation Assessment funds; (5) Declarant (prior to the Class B
Termination Date); and (6) the Conservation Director (who will vote only in the event of a tie vote
following either an absence by another Conservation Advisory Committee member or after the Declarant
leaves the Conservation Advisory Committee after the Class B Termination Date).
2.14 "Conservation Assessment" shall mean the Assessment charged by the Association to
each Owner in connection with the operation and administration of the Conservation and Education
Program.
2.15 "Conservation and Education Program" shall mean that certain program administered
by the Conservation Director and funded by the Conservation Fund, as further set forth in the Wildlife
Mitigation Plan(as the same may be amended from time to time)and Article V hereof.
2.16 "Conservation and Wildlife Areas" shall mean those areas within or near the Property
that may be identified by the Declarant or the Board from time to time, at the recommendation of the
Conservation Director, as areas intended for conservation for the benefit to the Property and/or the
general public, as the case may be. The Conservation and Wildlife Areas shall be administered per the
direction of the Conservation Director.
2.17 "Conservation Director" shall mean that certain individual identified by the Board to
administer the requirements set forth in the Wildlife Mitigation Plan,as further described in Article V.
2.18 "County" shall mean Ada County,Idaho.
MASTER DECLARATION OF COVENANTS,CONDITIONS&RESTRICTIONS
FOR DRY CREEK RANCH PLANNED COMMUNITY-4 VERSION:September 7,2018
Att. 1.4-4

DRY CREEK RAMC
2.19 "Declarant" shall mean BHH Investors 1414, LLC, an Idaho limited liability company,
or their successors in interest, or any person to whom the rights under this Declaration are expressly
transferred, in whole or in part, other than a transfer to individual Building Lot Owners by the Declarant
or their successors. All such rights may be assigned so long as the assignee contemporaneously agrees to
assume the duties of the Declarant and, upon such Person evidencing its agreement in writing in an
instrument to accept such assignment and to assume and perform such duties,such Person shall have the
same rights and powers and be subject to the same obligations and duties as are given to and undertaken
by the Declarant herein.
2.20 "Declaration" shall mean this Master Declaration of Covenants, Conditions and
Restrictions for Dry Creek Ranch Planned Community as the same may be amended and/or supplemented
from time to time.
2.21 "Design Committee" shall mean the Design Committee created by the Declarant
pursuant to this Declaration.
2.22 "Design Guidelines" shall mean the design guidelines and rules promulgated, published,
amended and/or supplemented from time to time pursuant to this Declaration.
2.23 "Dry Creek Ranch"shall refer to the Dry Creek Ranch Planned Community.
2.24 "Improvement" shall mean any structure, facility or system, or other improvement or
object, whether permanent or temporary, which is erected, constructed or placed upon, under or in any
portion of the Property; including, but not limited to buildings, fences, streets, drives, driveways,
sidewalks, recreational paths, curbs, landscaping, signs, lights, mailboxes, electrical lines, pipes, pumps,
ditches, waterways, swimming pools and other recreational facilities and fixtures of any kind whatsoever.
Improvement(s)includes both new construction and any subsequent exterior improvements.
2.25 "Irrigation System" shall mean any system that may, in the discretion of the Declarant,
be from time to time constructed and, in the discretion of the Declarant, owned by Water Company, for
the purpose of delivering non-potable water to Owners for irrigation of their landscaped areas of their
Building Lots, and/or to an Association or Sub-Association, as applicable, for irrigation of the Common
Area. The Irrigation System may include,without limitation,pumps,pipes,treatment packages,detention
and/or retention pond(s),and other system equipment.
2.26 "Limited Assessment" shall mean a charge against a particular Owner, and such
Owner's Building Lot,directly attributable to such Owner,equal to the cost incurred by an Association in
connection with corrective action performed pursuant to the provisions of this Declaration and/or any
Supplemental Declaration, including, without limitation, damage to any Common Area, or the failure of
an Owner to keep such Owner's Building Lot and/or Improvements in proper repair, and including
interest thereon as provided in this Declaration and/or a Supplemental Declaration,if applicable.
2.27 "Member"shall mean each Person or entity holding a membership in the Association.
MASTER DECLARATION OF COVENANTS,CONDITIONS&RESTRICTIONS
FOR DRY CREEK RANCH PLANNED COMMUNITY-5 VERSION:September 7,2018
Att. 1.4-5

DRY CREEK RANCH
2.28 "Mortgage" shall mean and refer to any mortgage or deed to trust and "Mortgagee" shall
refer to the mortgagee,or beneficiary under a deed of trust,and"Mortgagor" shall refer to the mortgagor,
or the Declarant of a deed of trust.
2.29 "Occupant"shall mean any resident or occupant of a Building Lot other than the Owner,
including,without limitation,family members,guests,invitees and or/tenants.
2.30 "Owner" shall mean and refer to the record Owner, whether one or more persons or
entities, of a fee simple title to any Building Lot which is a part of the Properties, including contract
sellers,but excluding those having such interest merely as security for the performance of an obligation.
2.31 "Person(s)" shall mean any individual, partnership, corporation, trust, estate, or other
legal entity,including the Declarant.
2.32 "Phase" shall mean a defined portion of the Property which has been designated as a
phase by Plat and/or recorded Supplemental Declaration. Each Phase shall contain one or more Building
Lots, and may, in the Declarant's discretion, be managed by a Sub-Association pursuant to a
Supplemental Declaration.
2.33 "Plat"shall mean any subdivision plat authorized by Declarant and covering any portion
of the Property as recorded at the Office of the County Recorder,Ada County,Idaho, as the same may be
amended by duly recorded amendments thereof.
2.34 "Project Documents" shall mean the basic documents creating and governing the
Property including, without limitation, this Declaration, any Supplemental Declaration(s), Articles and
Bylaws of an Association, the Plat, the Design Guidelines, any other procedures, rules or regulations
under such documents by Grantor, an Association and/or the Design Committee, and any applicable
requirements of the County in connection with the approvals of the Subdivision.
2.35 "Properties" or "Property" shall mean and refer to the real property described on
Exhibit A, and such additions thereto as may hereafter be annexed and brought within the coverage of this
declaration as more particularly provided for herein.
2.36 "Regular Assessment" shall mean the portion of the cost of designing, constructing,
maintaining, improving, repairing, managing and/or operating all Common Area, including all
Improvements located thereon, and the other costs and expenses incurred to conduct the business and
affairs of an Association, which costs and assessments are levied against the Building Lot of each Owner
by an Association,pursuant to the terms of this Declaration and/or a Supplemental Declaration
2.37 "Sewer Assessment" shall refer to the monthly charges by the Sewer Company to an
Owner associated with connection to and use of the Sewer System, as further described in Article VII
hereof.
MASTER DECLARATION OF COVENANTS,CONDITIONS&RESTRICTIONS
FOR DRY CREEK RANCH PLANNED COMMUNITY-6 VERSION:September 7,2018
Att. 1.4-6

DRY CREEK RANCH
2.38 "Sewer Company" shall refer to Dry Creek Sewer Company, LLC, or its successors or
assigns.
2.39 "Sewer System" shall mean any system that provides sanitary sewer service to Owners,
and may include, without limitation, pumps, pipes, treatment packages, treatment plants, or any other
system as applicable.
2.40 "Set Back" means the minimum distance established by law between the dwelling unit
or other structure referred to and a given street,road or Building Lot line.
2.41 "Special Assessment"shall mean that portion of the cost of the capital improvements or
replacements, equipment purchases and/or shortages in Regular Assessments which are authorized to be
paid by each Owner to an Association pursuant to the provisions of this Declaration, or a Supplemental
Declaration,if applicable.
2.42 "Sub-Association" shall mean and refer to those portions of the Property as may be
established from time to time by describing such portions on a recorded Plat and designating it as such in
a Supplemental Declaration. A Sub-Association may, as further described in Article IX hereof, be
provided with the authority to administer property and enact separate Design Guidelines for Property
located within the Sub-Association. All Sub-Associations remain subject to this Declaration, but will be
operated, managed, and maintained by the Sub-Association and the expense thereof shall be assessed
against the Owners within the Sub-Association in accordance with the applicable Supplemental
Declaration.
2.43 "Subdivision'shall have the same meaning as "Properties" or"Property" and refer to the
real property herein described,and such additions thereto as may hereafter be annexed and brought within
the coverage of this declaration as more particularly provided for herein.
2.44 "Supplemental Declaration' shall mean any supplemental declaration including
additional covenants,conditions and restrictions that may be adopted by the Declarant with respect to any
portion of the Property.
2.45 "Unit" shall mean an unsubdivided parcel of land within the Property, or any divided
Building Lot or parcel within the Property depicted on a recorded condominium instrument, which may
be independently and conveyed and is zoned or otherwise intended for development,use,and occupancy.
2.46 "Water Assessments" shall refer to the charges by the Association to an Owner
associated with connection to and use of the Water System,as further described in Article VI hereof.
2.47 "Water Company" shall refer to Dry Creek Ranch Water Company, LLC, or its
successors or assigns.
2.48 "Water System" shall mean any system that delivers potable water to Owners for
culinary and other domestic household purposes, including irrigation of individual Building Lots, and
MASTER DECLARATION OF COVENANTS,CONDITIONS&RESTRICTIONS
FOR DRY CREEK RANCH PLANNED COMMUNITY-7 VERSION:September 7,2018
Att. 1.4-7

DRY CREEK RANCH
includes without limitation sources of water supply; water rights, including groundwater rights; ditches
and ditch rights; and storage rights held by the Declarant or Water Company; well lot(s), pumps,
regulators,pipes and other delivery system equipment and infrastructure.
2.49 "Waterway" shall mean any surface water amenity, including, without limitation, Dry
Creek, Spring Valley Creek, and any lake, pond, stream, canal, lateral, natural or artificial which is
located on the Property.
2.50 "Wildlife Mitigation Plan"shall mean that certain Wildlife Mitigation Plan approved by
Ada County and identified as Element F-8 of the Dry Creek Ranch Development Plan, on file with Ada
County and as the same may be amended from time to time.
ARTICLE III
RESERVATION AND ACKNOWLEDGEMENT OF RIGHTS
3.1 Reservations by Declarant. Each Owner of any Building Lot, by acceptance of a deed
therefore (whether or not it shall be so expressed in such deed), is deemed to acknowledge that the
Declarant has expressly conveyed, reserved, created and granted the following rights, interests, and
easements for itself and,as it determines appropriate,for the Association.
3.2 Phased Development; Consent. Owner acknowledges that the development of the
Property will be phased over time and construction activities will occur on the Property throughout the
development process. Additional phases of the Subdivision will be identified by Supplemental
Declaration in connection with the recordation of each applicable Plat. As further set forth in Section
17.7.8 hereof,Owner recognizes that the development of the Property and creation of phases may change
from time to time in the Declarant's discretion, and no Owner shall object to, interfere with or otherwise
impede the development of any remaining portion of the Property, or any additional land annexed to the
Property or the Subdivision. Each Owner's agreement not to object to or oppose the development of the
Subdivision is a material consideration to the conveyance of any portion of the Property by the Declarant
to such Owner.
3.3 Mixed-Use Development. Dry Creek Ranch is planned as a mixed-use development that
the Declarant currently intends to develop in accordance with existing development approvals obtained by
the Declarant from the County, or any other development plan(s) for which the Declarant may from time
to time obtain approval from the County. The Property may be developed for homes,Common Area,and
small-scale agricultural uses, as well as mixed or commercial uses. The precise requirements and
limitations on mixed-use or commercial development will be set forth in the applicable Supplemental
Declaration and may alter the terms of this Declaration,as amended from time to time. Any development
plans or schemes for the Property in existence prior to or following the effective date of this Declaration
are subject to change by the Declarant.
3.4 Pathways. The Property will contain certain pathways that are accessible by Owners and
certain pathways that will be accessible by Owners and the general public. Each Owner acknowledges
MASTER DECLARATION OF COVENANTS,CONDITIONS&RESTRICTIONS
FOR DRY CREEK RANCH PLANNED COMMUNITY-8 VERSION:September 7,2018
Att. 1.4-8

DRY CREEK RANCH
that members of the public may use identified pathways and that the Declarant, the Association, and any
Sub-Associations (as applicable) will have access to maintain, operate, and repair such pathways. Such
pathways will include the greenbelt areas on Dry Creek and Spring Valley Creek,the use of which will be
subject to Association Rules controlling access to such Waterways.
3.5 Agricultural Uses. Each Owner of any Building Lot, by acceptance of a deed therefore
(whether or not it shall be so expressed in such deed), is deemed to acknowledge that agricultural traffic
may use the public streets within the Property for access to and from Brookside Lane and Dry Creek Road
to parcels not within the Property. Each Owner is deemed to further acknowledge that agricultural
activities surrounding the Property,which may include noise from farm equipment,may occur at any time
(24 hours a day). No agricultural operation, agricultural facility, or expansion thereof shall be or become
a nuisance, private or public, by any changed conditions in or about the surrounding nonagricultural
activities after it has been in operation for more than one (1) year, when the operation, facility, or
expansion was not a nuisance at the time it began or was constructed. The provisions of this section shall
not apply when a nuisance results from the improper or negligent operation of an agricultural operation,
agricultural facility, or expansion thereof.
3.6 No Other Recordation. No Person shall record any declaration of covenants,conditions
and restrictions, or declaration of condominium or similar instrument affecting any portion of the
Property without the Declarant's review and written consent, which consent may be withheld by
Declarant in its sole and absolute discretion. Any attempted recordation without such consent shall result
in such instrument being void and of no force and effect unless subsequently approved by recorded
consent signed by the Declarant. This section may not be amended without the written consent of the
Declarant. The rights contained in this section shall terminate upon the earlier of: (a) twenty (20) years
from the date this Declaration is recorded; or (b) upon recording by the Declarant of a written statement
that all construction, sales and/or leasing activity by the Declarant in connection with the Subdivision has
ceased.
ARTICLE IV
GENERAL AND SPECIFIC RESTRICTIONS
4.1. Improvements—Generally. All Improvements are to be designed,constructed and used
in such a manner as to promote compatibility between the types of uses contemplated by this Declaration
and to maintain the Community Wide Standard.Specific design and construction guidelines are contained
in the Design Guidelines.The Design Guidelines and the general instructions set forth in this Declaration
shall govern the right of an Owner, except the Declarant, to construct, reconstruct, refinish,remove, add,
alter or maintain any Improvement upon, under or above the Property, and to make or create any
excavation or fill on the Property, or to make any change in the natural or existing surface contour or
drainage, or install any utility line or conduit on, under, or above the Property, without limitation, any
Building Lot.
No Building Lot shall be improved except as permitted under the Design Guidelines.
MASTER DECLARATION OF COVENANTS,CONDITIONS&RESTRICTIONS
FOR DRY CREEK RANCH PLANNED COMMUNITY-9 VERSION:September 7,2018
Att. 1.4-9

DRY CREEK RANCH
4.2. Plat Conditions. All covenants, conditions and restrictions, notes, easements and other
matters set forth on all Plats are hereby incorporated by reference as material terms of this Declaration
and notice is hereby given to the same.
4.3. Land Use and Building Type in Residential Zones. In all residential zones, all
Building Lots shall be used for single family residential purposes and such uses as are customarily
incidental thereto. No Building Lot shall be used at any time for commercial or business purposes except
for such commercial or business purposes as shall be conducted and maintained solely within a residential
dwelling unit; provided that no signs relating to said commercial or business activities shall be displayed
where visible from any public or private road with the Subdivision; and further provided that such
commercial or business purposes shall not cause or result in the parking of vehicles on any public or
private road with the Subdivision.
4.4. No Hazardous Activities. No activities shall be conducted on the Property and no
improvements shall be constructed on the Property that are or might be unsafe or hazardous to any Person
or Property. Wood-burning stoves, fireplaces and outdoor fire pits are allowed in Dry Creek Ranch,
however,wood burning in Dry Creek Ranch may be banned from time to time when the air quality in the
vicinity is deemed unhealthy or hazardous by the applicable government agencies.
4.5. Energy Devices; Outside. No energy production devices, including without limitation
solar panels or solar collectors and, energy production devices (such as generators) of any kind shall be
constructed or maintained on any portion of the Property except with the prior written approval of the
Design Committee. This section shall not apply to passive solar energy systems incorporated in the
approved design of a residential structure.
4.6. Antennae. No exterior radio antenna, television antenna, satellite dish antenna or other
antenna of any type shall be erected or maintained on the Property unless such is located or screened in a
manner acceptable to and approved by the Design Committee.
4.7. Size Limitations. All units shall follow the dimensional design standards outlined in the
Design Guidelines,Section 2.3.3 for interior floor areas,exclusive of porches and garages.
4.8. Garages. Each Unit constructed within the Property shall include at least a two (2) car,
enclosed garage,which is an integral part of the Unit structure.
4.9. Storage Buildings. No outbuildings shall be constructed, erected or placed until the
same has been approved by the Design Committee as to size, location and exterior design. It is the
Declarant's intent that the design of any outbuilding that the Design Committee may approve must be
consistent with the dwelling unit existing or to be constructed on the said Building Lot and the placement
of any outbuildings are located to minimize potential,negative aesthetic impact on adjoining property and
the Subdivision. No outside storage building may be constructed without the approval of the Design
Committee and any applicable government authority with jurisdiction over the same.
MASTER DECLARATION OF COVENANTS,CONDITIONS&RESTRICTIONS
FOR DRY CREEK RANCH PLANNED COMMUNITY-10 VERSION:September 7,2018
Att. 1.4-10

DRY CREEK RANCH
4.10. Roofing Material. The roof of each Unit may be constructed of asphalt shingles,or such
other material as may be approved by the Design Committee in writing.
4.11. Garbage and Refuse Disposal. No rubbish, trash, garbage, refuse or debris shall be
placed or allowed to remain on the Property except trash kept and maintained with the interior of a Unit in
sanitary containers. All such material shall only be kept in sanitary containers. All equipment for the
storage or disposal of such material shall be kept clean, neat and in sanitary condition, and shall be
appropriately screened and kept out of view from any street except as necessary on trash pickup days.
4.12. Livestock and Poultry. Dogs,cats or other household pets may be kept on any Building
Lot provided that they are not kept,bred, or maintained for any commercial purpose and provided that the
keeper of such pets complies with all applicable laws, rules and regulations. Cats kept on any Building
Lot shall be assessed an annual $50 dollar fee as part of such Building Lot's Conservation Assessment.
With written approval of the Design Committee,roosters,chickens,horses,goats,cattle and sheep may be
kept on Building Lots that are 18,000 square feet or larger. Such animals and livestock may be kept only
for personal and recreational purposes and shall not be kept, bred, or maintained for any commercial
purpose, and the Owner of such animals and livestock shall comply with all county laws, rules and
regulations.
4.13. Oil, Gas and Mining Operations. No oil or natural gas drilling, oil or natural gas
development operations, oil refining, quarrying or mining operation of any kind shall be permitted upon
the Property, nor shall oil or natural gas wells, tanks, tunnels, mineral excavations or shafts be permitted
upon the Property without the prior written authorization of the Declarant which may be withheld in the
Declarant's sole discretion. No derrick or other structure designed for use in boring for oil or natural gas
shall be erected, maintained or permitted upon the Property with the prior written authorization of the
Declarant which may be withheld in the Declarant's sole discretion.
4.14. Boats, Campers, Farm Equipment and Other Vehicles. No boats, trailers, tractors,
recreational vehicles (example: any trailers, campers, motor homes, automobile campers or similar
vehicle or equipment) dilapidated,un-repaired,broken down or unsightly vehicles, or similar equipment,
motorcycles, snowmobiles, personal watercraft, commercial vehicles or trucks (working or non-working)
greater than three quarter(3/4) of a ton in size shall regularly or as a matter of practice be parked, stored
on any portion of the Property (including streets and driveways) unless enclosed by a structure or
screened from view in a manner approved,in writing,by the Design Committee.
4.15. Bathrooms. All bathroom sink and toilet facilities shall be inside residential buildings
and shall be connected by underground pipes directly to the sewer system.
4.16. Light, Sound — General. All lighting shall meet the requirements of the Design
Guidelines and Chapter 4, Article H of Ada County Code. No light shall be emitted from any Building
Lot which light is unreasonably bright or causes unreasonable glare. No sound shall be emitted from any
Building Lot, which is unreasonably loud, or annoying, and no odors shall be emitted from any Property,
which are noxious or offensive to others.
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4.17. Construction. During the course of actual construction of any permanent improvements,
the restrictions contained in this Declaration and any supplemental declarations shall be deemed waived
to the extent necessary to permit such construction, provided that during the course of such construction
nothing shall be done which will result in a violation of these restrictions upon completion of construction
and all construction shall be diligently prosecuted to completion,continuously and without delays.
4.18. Reconstruction. In any case where it is necessary to reconstruct a Unit, said
reconstruction shall be prosecuted diligently, continuously and without delays from time of commencing
thereof until such structure is fully completed and painted, useless prevented by causes beyond control
and only for such time that such causes continue.
4.19. Fences. All fences must comply with the Design Guidelines as well as all Ada County
and Ada County Highway District provisions and regulations, and must be approved in writing by the
Design Committee in accordance with the aforementioned procedures.
4.20. Dog Runs & Kennels. No dog run or kennel shall be constructed, erected, or placed
until the same has been approved by the Design Committee as to size, location and exterior design. It is
the Declarant's intent that the placement of any dog run or kennel be located to minimize potential
negative aesthetic impact on adjoining property and the Subdivision. No dog run or kennel shall be
permitted to be kept or placed within five(5)feet of a set-back line where applicable.Dog runs or kennels
shall only be permitted to be placed and maintained in the rear of the dwellings and in no event shall such
structure be visible from the street. All dog runs or kennels shall comply with all applicable laws and
rules.
4.21. No Dumping. No excavation material, grass or yard clippings, rubbish, trash, garbage,
refuse or debris shall be placed or allowed to remain on any vacant or unimproved Building Lot, without
the prior written approval of the Declarant or Design Committee. An Owner who dumps such material
shall be liable for the cleanup and/or removal costs.
4.22. Building Lot Grading and Drainage. Owners shall maintain and repair all graded
surfaces and erosion prevention devices, retaining walls, drainage structures and devices including, without
limitation,any drainage facilities depicted a Supplemental Declaration, or any other means or devices,which
are not the responsibility of the ACHD or other public agency, and plantings and ground cover installed or
completed thereon to the specifications and requirements set forth in the International Residential Code.
Drainage directed to the adjacent road right of way shall be limited to that area as depicted on the
approved Civil Grading Plan for any phase of the Subdivision. Said Civil Grading Plan is general as it
pertains to grading; it does not depict final grading and in no way replaces the requirements of the
International Residential Code
4.23. Front and Side Yards. Subject to the Design Committee's prior approval of a landscape
plan submitted by an Owner consistent with the Design Guidelines,the front yard of each Building Lot, and
the side yard of any Building Lot which is adjacent to a street, must be landscaped and planted with sod or
seed within thirty(30)days of issuance of the Certificate of Occupancy for a residential dwelling Unit on any
Building Lot,except between December 1S1 and March 151,and then as soon thereafter as the weather permits,
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together with a minimum of two(2)evergreen trees,at least fourteen(14)feet in height,ten(10) five-gallon
bushes, and an underground automatic sprinkler system attached to the pressurized irrigation system. All
remaining portions of the yard area of each Building Lot must be planted with sod,seeded and/or landscaped,
within ninety(90)days of issuance of the Certificate of Occupancy,or as soon thereafter as weather permits.
The failure of the Owner to timely comply with this paragraph shall constitute a failure to perform exterior
maintenance and the Association and/or the Declarant shall have all rights and remedies provided in
Declaration, including, without limitation, the right to landscape the Building Lot as required hereunder.
Such cost shall be a Limited Assessment and shall create a lien enforceable in the same manner as other
Assessments set forth herein. Each Owner shall pay all amounts due for such work within ten(10)days after
receipt of written demand therefor.
4.24. Residential Building Lot Landscaping. If the Declarant sells one or any of the Building
Lots to a third party, the new owner of the Building Lot or Building Lots (third party) must maintain the
Building Lot with absence of weeds,debris,and unsightly material if construction has not commenced within
30 days of Building Lot closing. Following the close date of the Building Lot sale or sales, the new owner
has one (1) year to begin construction of a residential home, which is to be diligently prosecuted to
completion.
4.25. Sight Distance at Intersections. No fence, wall, hedge or shrub planting which obstructs
sight lines at elevations between two (2) and six (6) feet above the roadway shall be placed or permitted to
remain on any corner Building Lot within the triangular area formed by the street Property lines and a line
connecting them at points (30) feet from the intersection of the street lines, or in the case of a rounded
Property corner from the intersection of the street Property lines extended. The same sight-line limitation
shall apply on any Building Lot within ten (10')feet from the intersection of a street property line with the
edge of driveway or alley pavement. No tree shall be permitted to remain within such distances of such
intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight
lines. All fences must at all times comply with Ada County and Ada County Highway District laws, rules
and regulations.
ARTICLE V
WILDLIFE MITIGATION PLAN
5.1. Wildlife Mitigation Plan. Future development within the Subdivision is subject to the
Wildlife Mitigation Plan.
5.2. Conservation Assessment. Funding associated with the Wildlife Mitigation Plan,
including operation of the Conservation and Education Program, shall be provided by an ongoing
assessment against each Building Lot, as follows: Three Hundred and No/100 Dollars ($300.00) upon
the sale of any Building Lot; Sixty and No/100 Dollars ($60.00) to be charged to each Building Lot
annually; and an additional charge of Fifty and No/100 Dollars ($50.00)to be charged to each Building
Lot with an Owner maintaining cats at such Building Lot. Such Conservation Assessments will not be
reduced below the foregoing amounts, but may be adjusted upward from time to time by the Association
(in its sole and absolute discretion) upon recommendation by the Conservation Director. Conservation
Assessment fees collected in any fiscal year must be expended by the end of the fifth (51) fiscal year
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following such receipt, and shall be expended on conservation efforts both within the Property and
elsewhere. Such conservation efforts may include, but are not limited to, acquisition of property in fee
simple or via easement.
5.3. Conservation Assessment Properties. The Conservation Assessments will be collected
by the Association and transferred to a fund overseen by the Conservation Advisory Committee, which
will work with the Conservation Director to acquire,own, and maintain properties acquired in accordance
with the terms of the approved Wildlife Mitigation Plan.
5.4. Wildlife Provisions. Capturing,trapping,killing or otherwise engaging in activities that
threaten the protection of wildlife within the Property, except in circumstances posing an imminent threat
to the safety of persons and their pets are prohibited.
ARTICLE VI
DOMESTIC WATER SYSTEM
6.1. Water System.Each Building Lot shall have access to the Water System, subject to the
provisions of this Declaration. Owners shall have no right, title and/or interest in any water rights,
including groundwater rights, ditch rights, and/or storage rights appurtenant to the Property, all of which
are hereby reserved by the Declarant. Each Owner acknowledges that it does not have any right, title or
interest in any such rights.The Water System will be owned initially by the Water Company,which will
sell water to the Association pursuant to a separate agreement between the Water Company and the
Association.The Association in turn will assess Owners for the use of water as described below.
6.2. No Separate Water Supply. No individual domestic water supply systems are allowed
on any Building Lot. All Owners shall connect all Building Lots to the Water System and are subject to
all connection requirements of the Water Company.
6.3. Connection Fees. All Owners must pay a connection fee to the Association upon the
initial connection of a Building Lot to the Water System (the "Connection Fee"). The initial amount of
the Connection Fee is Two Thousand Six Hundred Fifty and No/100 Dollars ($2,650.00). The
Association may alter the Connection Fee from time to time in its sole discretion.
6.4. Water Assessments. The Association will assess the Owners on a monthly basis for use
of water from the Water System on each Building Lot (the "Monthly Water Assessment"). The initial
amount of the Water Assessment is a flat monthly fee of Twenty-Two and 501100 Dollars($22.50)plus
$1.10 per hundred cubic feet (CCF) delivered. The Association may alter the Monthly Water
Assessment structure or amount from time to time in its sole discretion. The Association may establish a
monthly maximum amount of water allowed for delivery to any Building Lot, which the Association may
alter from time to time in its sole discretion. The initial maximum amount is 2500 gallons per day for a
Building Lot. If an Owner uses more water than the maximum allowable amount, the Association
reserves the right to charge the Owner an "Excess Water Assessment," which shall be set at a rate higher
than the Water Assessment. The Association reserves the right to set additional rules for consumption of
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water delivered by the Water System, including, but not limited to, the authority to establish guidelines
for landscape watering.
6.5. Failure to Pay Assessments. Any unpaid Water Assessments shall incur a penalty as
prescribed by the Association and shall bear interest from the due date at the rate of eighteen percent
(18%) per annum or at the highest rate allowed by law if such rate is less than 18%. Notwithstanding
anything to the contrary contained herein,the Association(in coordination with the Water Company)may
terminate water delivery to any Building Lot for failure by its Owner to pay a Water Assessment. In such
event, an Owner will be charged a reconnection fee of One Hundred and No/100 Dollars ($100.00),
which shall bear interest from the due date of the assessment at the rate of eighteen percent(18%)per
annum or at the highest rate allowed by law if such rate is less than 18% before water delivery to the
Building Lot will be resumed.The Association may alter the reconnection fee from time to time in its sole
discretion.
6.6. Water Metering. The quantity of water delivered through the Water System to each
Building Lot shall be measured by meters. Owners may not repair,replace or otherwise alter any meter.
The Association shall use the data from the meters to prepare the Monthly Water Assessments and any
Excess Water Assessments. Each Owner is responsible for the repair and maintenance of the supply line
downstream of the meter that measures the amount of water delivered to the Owners' property.
6.7. Backflow Systems and Assemblies. Each Building Lot shall be equipped with approved
backflow prevention systems and assemblies. All backflow prevention assemblies installed on any
Building Lot must be listed in the most recent edition of the University of California Foundation for
Cross-Connection Control and Hydraulic Research. The backflow prevention system and assembly must
be buried and installed on the service line after the water meter and prior to adding connections to the
service line. It shall be the responsibility of each Building Lot Owner,at such Building Lot Owner's sole
cost and expense, to promptly replace any backflow prevention system and assembly existing on any
Building Lot that is no longer listed on the foregoing list of approved backflow prevention systems and
assemblies. Each Building Lot Owner, at such Building Lot Owner's sole cost and expense, shall ensure
the correct operation of the backflow prevention system and assembly on such Building Lot and shall test
the functioning of the backflow prevention system and assembly at least annually and report the result of
such testing to the Water Company. Testing must be performed by a backflow assembly tester licensed
by the State of Idaho.
6.8. Maintenance of Water System. The Water Company shall maintain the Water System
pursuant to a separate agreement with the Association. Although routine maintenance, repair, and
replacement costs are budgeted to be paid for through Water Assessments, the Association may address
unanticipated or extraordinary repairs through Special Assessments.
6.9. Easement for Maintenance. Each Building Lot and the Common Area is encumbered
with a permanent easement in favor of the Declarant, the Water Company, the Association, their
successors and assigns,and their authorized representatives to go upon the Building Lots and/or Common
Area to locate, operate,expand,and perform maintenance,repair,and replacement to the Water System.
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6.10. Access to Water System Facilities. Access to the Water System shall be restricted to
the Water Company, the Association, and their authorized representatives and contractors. Such Water
System facilities are excluded from Common Area access rights held by Building Lot Owners.
6.11. Pressurized Irrigation. The Declarant may, at its option and in its sole discretion,
provide a pressurized, non-potable Irrigation System in any Phase of the Property. In the event the
Declarant determines to provide a pressurized, non-potable Irrigation System in any Phase of the
Property, such Irrigation System shall be operated, maintained, and paid for as described in a
Supplemental Declaration for such Phase.
6.12. Ada County Highway District ("ACHD") Requirements. The following provisions
shall not be modified without the express written consent of ACHD: (i) The Water Company shall
become a member of Digline and shall be responsible for marking the location of underground water lines
operated by Water Company; (ii) Any future relocation of underground water lines operated by Water
Company that lie within public right-of-way deemed necessary by ACHD shall be moved at the sole
expense of the Water Company or its successors and assigns; and (iii) Any other future relocation of
underground water lines operated by Water Company that lie within public right-of-way shall be at the
sole expense of Water Company or its successors and assigns.
6.13. Transfer of Water System. The Water Company may, in its sole discretion, elect to
convey the Water System to either the Association or a third party. The Association does not have any
right to acquire the Water System except as provided below in the event the Water Company,in its
sole discretion,chooses to sell the Water System to the Association.
6.13.1. Conveyance to Association. The Water Company may at its option and in its
sole discretion, sell the Water System to the Association. If the Water Company elects to sell to
the Association,upon notifying the Association of its intent to do so and the price at which it will
sell, The Association shall purchase the Water System provided that the following conditions are
satisfied: (1) the Association, in the sole discretion of the Water Company, is able to qualify for
commercially standard financing for acquisition of the Water System or has adequate cash
reserves set aside for the acquisition of the Water System; (2) the offered price for acquisition of
the Water System is an amount that is no more than two hundred percent (200%) of the total
capital investment the Water Company has made in the Water System; and(3) after financing and
acquisition costs are taken into consideration, the Water Assessment will go up no more than
twenty-five percent(25%)(i.e., a Water Assessment of$50.00 will not be increased to an amount
greater than$62.50). In the event,the foregoing conditions are not satisfied,the Association may
but is not obligated to accept any offer of sale of the Water System by the Water Company on
mutually acceptable terms. If the conditions are satisfied, the Association shall purchase the
Water System within 90 days unless a longer period is necessary to secure financing,if the Water
Company transfers ownership of the Water System to the Association.
6.13.2. Conveyance to Third Party.The Water Company may sell the Water System to
a third party, provided that the new owner commits to own, operate, and maintained the Water
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System in a manner that shall provide service from the Water System to Owners on a continuing
basis that meets all applicable governmental laws, ordinances and regulations and with the level
of service equal to that provided by the Water Company. Water Company shall notify the
Association in writing in advance of the transfer of ownership. Upon transfer of the Water
System to a third party, the new owner may or may not be a regulated public utility and may
establish an alternative rate structure,accounting procedures,and/or auditing procedures.
ARTICLE VII
DOMESTIC SEWER SYSTEM
7.1. Sewer System. Each Building Lot shall have access to the Sewer System, subject to the
provisions of this Declaration.
7.2. No Separate Septic System. No separate or individual septic system, regardless of the
proposed use of such septic system,shall be permitted on any Building Lot other than facilities associated
with the Sewer System. All Owners shall connect all Building Lots to the Sewer System and are subject
to all connection requirements and fees of the Sewer Company.
7.3. Connection Fees. The Sewer Company shall establish a schedule of hook-up and/or
connection fees for new residential or commercial buildings within Dry Creek Ranch. Owners shall pay
fees assessed by the Sewer Company directly to the Sewer Company. The initial connection fee is Four
Thousand Seven Hundred and No/100 Dollars ($4,700.00), but may be adjusted by the Sewer
Company from time to time in its sole discretion.
7.4. Operation and use of the Sewer System. Owners are subject to all regulations
promulgated from time to time by the Sewer Company for use of the Sewer System. There shall be no
disposal into the Sewer System, directly or indirectly, of, without limitation: hazardous materials or
waste; heavy metals; solvents;fats; oils; grease; ignitable materials or waste; reactive materials or waste;
and/or pharmaceuticals. Each Owner assumes full responsibility, at such Owner's sole cost and expense,
for such Owner's and/or any of such Owner's family, guests, agents', employees' and/or independent
contractors' compliance with these requirements and any applicable state or federal requirement,
including fines and penalties. [
7.5. Sewer Assessments. The Sewer Company will assess the Owners on a monthly basis
for use of the Sewer System (the "Sewer Assessment"). (The Sewer Company and the Association may
agree in the future to have the Association handle delivery and collection of assessments on behalf of the
Sewer Company.) The Sewer Assessment may be adjusted semi-annually, in January and June of each
year in the sole discretion of the Sewer Company. The initial Sewer Assessment is Fifty and No/100
Dollars per month ($50.00).
7.6. Failure to Pay Assessments. Any unpaid Sewer Assessments shall incur a penalty as
prescribed by the Sewer Company and shall bear interest from the due date of the assessment at the
rate of eighteen percent(18%)per annum or at the highest rate allowed by law if such rate is less than
18%. Notwithstanding anything to the contrary contained herein, the Association (in coordination with
the Water Company) may terminate water delivery to any Building Lot for failure by its Owner to pay a
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Sewer Assessment. In such event, an Owner will be charged a reconnection fee of One Hundred and
No/100 Dollars($100.00), which shall bear interest from the due date of the assessment at the rate of
eighteen percent(18%)per annum or at the highest rate allowed by law if such rate is less than 18%
before water delivery to the Building Lot will be resumed.The Association may alter the reconnection fee
from time to time in its sole discretion
7.7. Easement for Maintenance. Each Building Lot and the Common Area is encumbered
with a permanent easement in favor of the Declarant, the Sewer Company, the Association, their
successors and assigns,and their authorized representatives to go upon the Building Lots and/or Common
Area to locate,operate,expand,and perform maintenance,repair,and replacement to the Sewer System.
7.8. Access to Sewer System Facilities. Access to the Sewer System facilities shall be
restricted to the Sewer Company and authorized representatives and contractors of the Sewer System. To
the extent Sewer System facilities are located on Common Area, such facilities shall be excluded from
any Common Area access rights held by Building Lot Owners. If the Association becomes the owner of
the Sewer System, Building Lot Owner(s) will not have access to Sewer System facilities unless the
governing board of the Association has so authorized the Building Lot Owner(s).
7.9. Transfer of Sewer System. The Sewer Company may, in its sole discretion, elect to
convey the Sewer System to either the Association or a third party. The Association does not have any
right to acquire the Sewer System except as provided below in the event the Sewer Company,in its
sole discretion,chooses to sell the Sewer System to the Association.
7.9.1. Conveyance to Association. The Sewer Company may at its option and in its
sole discretion, sell the Sewer System to the Association. If the Sewer Company elects to sell to
the Association,upon notifying the Association of its intent to do so and the price at which it will
sell, the Association shall purchase the Sewer System provided that the following conditions are
satisfied: (1) the Association, in the sole discretion of the Sewer Company, is able to qualify for
commercially standard financing for acquisition of the Sewer System or has adequate cash
reserves set aside for the acquisition of the Sewer System; (2) the offered price for acquisition of
the Sewer System is an amount that is no more than two hundred percent (200%) of the total
capital investment the Sewer Company has made in the Sewer System (undepreciated); and (3)
after financing and acquisition costs are taken into consideration, the Sewer Assessment will go
up no more than twenty-five percent (25%) (i.e., a Sewer Assessment of $50.00 will not be
increased to an amount greater than $62.50). In the event, the foregoing conditions are not
satisfied,the Association may but is not obligated to accept any offer of sale of the Sewer System
by the Sewer Company on mutually acceptable terms. If the conditions are satisfied, the
Association shall purchase the Sewer System within 90 days of the Sewer Company's notice of
sale unless a longer period is necessary to obtain financing.
7.9.2. Conveyance to Third Party.The Sewer Company may sell the Sewer System to
a third party, provided that the new owner commits to own, operate, and maintained the Sewer
System in a manner that shall provide service from the Sewer System to Owners on a continuing
basis that meets all applicable governmental laws, ordinances and regulations and with the level
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of service equal to that provided by the Sewer Company. Sewer Company shall notify the
Association in writing in advance of the transfer of ownership. Upon transfer of the Sewer
System to a third party, the new owner may propose an alternative rate structure, accounting
procedures,and/or auditing procedures.
7.10. ACHD Requirements. The following provisions shall not be modified without the
express written consent of ACHD: (i) The Sewer Company shall become a member of Digline and shall
be responsible for marking the location of underground sewer lines operated by Sewer Company; (ii)Any
future relocation of underground sewer lines operated by Sewer Company that lie within public right-of-
way deemed necessary by ACHD shall be moved at the sole expense of the Sewer Company or its
successors and assigns; and (iii) Any other future relocation of underground sewer lines operated by
Sewer Company that lie within public right-of-way shall be at the sole expense of Sewer Company or its
successors and assigns.
ARTICLE VIII
DRY CREEK RANCH HOMEOWNERS'ASSOCIATION,INC.
8.1. Organization of Association. The Association is an Idaho non-profit corporation
formed under the provisions of the Idaho Non-Profit Corporation Act and shall be charged with the duties
and invested with the powers prescribed by law, and set forth in the Article,Bylaws and this Declaration.
Neither the Articles nor the Bylaws shall,for any reason,be amended or otherwise changed or interpreted
so as to be inconsistent with this Declaration, and in the event of any conflict among the same this
Declaration shall control.
8.2. Use of Name. The Declarant grants to the Association a revocable,non-exclusive license
to use the name"Dry Creek Ranch"for the sole purpose of identifying the Association.
8.3. Membership. Every Owner, including the Declarant,of a Building Lot which is subject
to assessment shall be a Member of the Association. The foregoing is not intended to include persons or
entities that hold an interest merely as security for the payment of an obligation. Membership shall be
appurtenant to and may not be separated from ownership of any Building Lot which is subject to
assessment. Any attempt to make a prohibited transfer of a membership shall be void and shall not be
reflected on the books of the Association. Such ownership shall be the sole qualification for membership
and shall automatically commence upon a person becoming such Owner and shall automatically terminate
and lapse when such ownership in said Building Lot shall terminate or be transferred.
8.4. Board of Directors and Officers. The affairs of the Association shall be conducted by a
Board of Directors and such officers as the Directors may elect or appoint, in accordance with the
Articles,Bylaws, and this Declaration as the same may be amended and supplemented from time to time.
Notwithstanding anything to the contrary contained herein or in the Articles or Bylaws,for so long as the
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Declarant owns one (1) or more Building Lots,the Declarant shall have the unilateral right to appoint all
of the Directors to the Board as set forth in the Articles and/or Bylaws.
8.5. Voting Rights. The Association shall have two(2) classes of voting membership:
8.5.1. Class A Voting. The"Class A Members"shall be the Members of the Association
who are all Owners of Building Lots,with the exception of the Declarant so long as the Declarant is the Class
B Member. The Class A Members shall be non-voting Members of the Association until the Class B
Member Termination Date. After the Class B Member Termination Date, each Class A Member shall be
entitled to one(1)vote for each Building Lot owned and when more than one(1)person holds and interest in
a Building Lot, all such persons shall be Class A Members and the vote for such Building Lot shall be
exercised as they determine,but in no event shall more than one(1)vote be cast with respect to any Building
Lot owned by a Class A Member.
8.5.2. Class B Voting. The "Class B Member" shall be the Declarant. The Class B
Member shall be the only voting Member of the Association until the Class B Member Termination Date.
After the Class B Member Termination Date,the Class B Member voting rights shall cease and be converted
to Class A membership and Class A voting rights. The Declarant may assign and transfer its Class B
membership and Class B voting rights to a successor in title to any portion of the Property in a writing
recorded in the records of Ada County,Idaho.
8.6. Powers and Duties of the Association. The Association shall have all the powers of a
non-profit corporation organized under the general non-profit corporation laws of the State of Idaho,
subject only to such limitations upon the exercise of such powers as are expressly set forth in the Articles,
the Bylaws and this Declaration. The Association shall have the power to conduct all business affairs of
common interest to all Owners,and to do any and all lawful things, which may be authorized, required or
permitted to be done by the Association under this Declaration,the Articles and the Bylaws,including:
8.6.1. Assessments. The power to levy Assessments on the Owners of Building Lots
and to force payment of such Assessments,all in accordance with the provisions of this Declaration.
8.6.2. Enforcement. The authority to enforce the terms and conditions of this
Declaration in accordance with its terms.
8.6.3. Delegation of Powers. The authority to delegate its power and duties to
committees, officers, employees, or to any person, firm or corporation to act as manager. Neither the
Association nor the members of its Board shall be liable for any omission or improper exercise by the
manager of any such duty or power to delegate.
8.6.4. Association Rules. The power to adopt, amend and repeal by majority vote of
the Board such Association Rules as the Association deems reasonable and which are consistent with this
Declaration. The Association Rules may govern matters that may include, but are not limited to, the use
of Common Area and shall apply equally to all Owners. A copy of the Association Rules as from time to
time adopted,amended,or repealed shall be mailed or otherwise delivered to each Owner and, upon such
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mailing or delivery,the Association Rules shall have the same force and effect as if they were set forth in
and were a part of this Declaration. In the event of any contradiction between this Declaration and the
Association Rules,this Declaration shall control.
8.6.5. Emergency Powers. The power of the Association or any person authorized by
the Association to enter upon any Building Lot in the event of any emergency involving illness or
potential danger to life or property or when necessary in connection with any maintenance or construction
for which it is responsible. Such entry shall be made with as little inconvenience to the Owners as
practicable and any damage caused thereby shall be repaired by the Association.
8.6.6. Right-Of-Way Maintenance. The ability to maintain, repair and replace the
landscaping, including where applicable any sprinkler system installed on any public right-of- way
adjacent to the Property and such other landscaping located within the Properties, as the Board deems
necessary or appropriate.
8.6.7. Common Area Maintenance. Maintain and administer the Common Areas
landscaping and improvements within the Subdivision.
8.6.8. Mow Strips. The Owner of each individual lot shall install and maintain
irrigation and sod,in the area between the sidewalk and the curb(defined as the"Mow Strip") which lies
directly between the lot and the curb. This area typically exists between the front of each lot and the curb,
but can also exist between the side of the lot and the curb on corner or irregular shaped lots. The owner
of the lot shall also install and maintain the following number of deciduous trees,with a minimum of a 2"
caliper,in the Mow Strip,according the following criteria: For every 30 feet of length of the Mow Strip
on the front or the side of the lot, 1 tree. Mow Strip installation to be secured by Construction Deposit,
referenced in section 1.8.1 of Architectural Design Standards and Construction Guidelines for Dry Creek
Ranch Planned Community.
8.6.9. Maintenance of Berms, Retaining Walls,Fences, Pathways and Waterways.
The Association shall maintain any berms, retaining walls, fences, pathways and waterways located
within Common Area.
8.6.10. Taxes and Assessments. Pay all real and personal property taxes and
assessments separately levied against Common Area, or against other portions of the Property owned by
the Association. Such taxes and assessments may be contested or compromised by the Association,
provided,however,that such taxes and assessments are paid or a bond insuring payment is posted prior to
the sale or disposition of any property to satisfy the payment of such taxes and assessments. In addition,
the Association shall pay all other federal, state and/or local taxes, including income or corporate taxes
levied against the Association
8.6.11. Street Lights.Maintain,repair and replace street lights within the Property to the
extent such street lights are not operated,maintained,repaired and replaced by the Ada County Highway
District or other governmental entity.
MASTER DECLARATION OF COVENANTS,CONDITIONS &RESTRICTIONS
FOR DRY CREEK RANCH PLANNED COMMUNITY-21 VERSION:September 7,2018
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DRY CREEK RANCH
8.6.12. Maintenance of Storm Water and Groundwater Drain Facilities. The
Association shall be required to maintain the private interceptor drain facilities located within the
Property,displayed in attached"Exhibit Trench Drain".
8.6.13. Reserve Account. Establish and fund a reserve account with a reputable
banking institution or savings and loan association or title insurance company authorized to do business in
the State of Idaho, which reserve account shall be dedicated to the costs of repair, replacement,
maintenance and improvements to Common Areas or Waterways.
8.6.14. Mailboxes. Maintain, repair or replace the cluster mailboxes, utilized and
located within Common Area or other locations designated and accepted by the Association,as required.
8.6.15. Design Committee. Appoint and remove members of the Design Committee,
all subject to the provisions of this Declaration and as outlined under Article XII.
8.6.16. Subdivision Approval Responsibilities. Perform all continuing duties and
responsibilities imposed upon the Declarant pursuant to any governmental approvals relating to the
Property including, without limitation,those set forth in the preliminary plat approval for the Subdivision.
8.7. Insurance. The Association may obtain from reputable insurance companies authorized
to do business in the State of Idaho and maintain in effect the following policies of insurance: (i) Full
coverage directors and officers liability insurance with a limit of One Million Dollars($1,000,000.00) per
occurrence, if the Board so elects; (ii) Fire insurance including those risks embraced by coverage of the
type known as the broad form"All Risk" or special extended coverage endorsement on a blanket agreed
amount basis for the full insurable replacement value of all Improvements,equipment and fixtures located
within Common Area; (iii)Comprehensive public liability insurance insuring the Board,the Association,
Grantor, and their agents and employees, invitees and guests of each of the foregoing against any liability
incident to the ownership and/or use of Common Area. Limits on liability of such coverage shall be as
follows: not less than One Million and No/100 Dollars ($1,000,000.00) per person and One Million and
No/100 Dollars ($1,000,000.00) per occurrence with respect to personal injury or death, and One Million
and No/100 Dollars($1,000,000.00) per occurrence with respect to property damage; and (iv) such other
insurance including Worker's Compensation insurance to the extent necessary to comply with all
applicable laws and indemnity, faithful performance, fidelity and other bonds as the Board shall deem
necessary or required to carry out the Association functions or to insure the Association against any loss
from malfeasance or dishonesty of any employee or their person charged with the management or
possession of any Association funds or other property.
8.7.1. The Association shall be deemed trustee of the interests of all Members of the
Association in any insurance proceeds paid to it under such policies, and shall have full power to receive
their interests in such proceeds and to deal therewith.
8.7.2. Insurance premiums for the above insurance coverage shall be deemed a
common expense to be included in the annual assessments levied by the Association.
MASTER DECLARATION OF COVENANTS,CONDITIONS&RESTRICTIONS
FOR DRY CREEK RANCH PLANNED COMMUNITY-22 VERSION:September 7,2018
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8.8. Administration Fees—Costs. The Association shall pay to the Declarant,so long as the
Declarant manages the Association, all actual out of pocket costs paid of incurred by the Declarant in the
management and administration of the affairs of the Association, plus an administrative fee equal to ten
(10%) of the total income received by Association,which administrative fee shall be compensation to the
Declarant for the services provided to Association.
8.9. Personal Liability. No member of the Board or any committee of the Association or the
Design Committee or any officer of the Association, or the Declarant, or the manager, if any, shall be
personally liable to any Owner, or any other party, including the Association, for any damage, loss or
prejudice suffered or claimed on the account of any act, omission,error or negligence of the Association,
the Board, the manager, if any, or any other representative or employee of the Association,the Declarant
or the Design Committee, any other committee or any officer of the Association, or the Declarant,
provided that such person has, upon the basis of such information as may be possessed by him, acted in
good faith without willful or intentional misconduct. The Association shall indemnify and defend the
members of the Board or any committee of the Association from all claims, suits, and actions, and all
costs relating thereto, including, without limitation, attorneys' fees and court costs, including such fees
and costs on appeal, regarding or in any way connected to said member's service on the Board or a
committee of the Association.
8.10. Annual Meeting. The Association shall hold an annual meeting each year and the first
annual meeting shall be held during the month of May of the first calendar year following the first sale of
a Building Lot in the Property. Subsequent regular annual meetings of the Association shall be held as
provided in the Bylaws. Notice of annual or special meetings by the Association shall be delivered to all
Members of the Association. All meetings shall be held within the Property or as close thereto as
practicable at a reasonable place selected by the Board.All Members of the Association are encouraged to
attend all annual and special meetings of the Association.
8.11. Notice and Quorum for any Action. Notwithstanding and subject to the Board's right to
increase Assessments under Article XI, written notice of any meeting called for the purpose of taking any
action by the membership of the Association authorized shall be sent to all Members not less than ten days
(10) or more than fifty(50)days in advance of the meeting. At the first such meeting called,the presence of
Members or of proxies entitled to cast twenty percent (20%) of all the votes of each class of membership
shall constitute a quorum. If the required quorum is not present,another meeting may be called subject to the
same notice requirement, and the required quorum at the subsequent meeting shall be one-half(1/2) of the
required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty(60)
days following the preceding meeting.
8.12. Manager. The Association may employ or contract for the services of a professional
manager or management company, provided that no such management or contract shall have a term of
more than one (1) year, and each such contract shall be subject to cancellation by the Association upon
thirty (30) days' notice, with or without cause, and without payment of a termination fee. The
professional manager so employed or contracted with shall not have the authority to make expenditures
chargeable against the Association except upon specific prior written approval and direction by the Board.
MASTER DECLARATION OF COVENANTS,CONDITIONS&RESTRICTIONS
FOR DRY CREEK RANCH PLANNED COMMUNITY-23 VERSION:September 7,2018
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The Board shall not be liable for any omission or improper exercise by such a professional manager of
any such duty,power or function so delegated by or on behalf of the Board.
8.13. Budgets and Financial Statements. Financial statements for the Association shall be
prepared regularly and, upon request, copies shall be distributed to each Member of the Association as
follows:
8.13.1. A pro forma operating statement or budget for each fiscal year of the Association
shall be available for distribution not less than sixty (60) days before the beginning of each fiscal year.
The operating statement shall include a schedule of Assessments received and receivable.
8.13.2. Within ninety (90) days after the close of each fiscal year, the Association shall
cause to be prepared and available to each Owner, a balance sheet as of the last day of the Associations
fiscal year for the Association and annual operating statements reflecting the income and expenditures of
the Association for their last fiscal year. Copies of the balance sheet and operating statement shall be
available for distribution to each Member within ninety (90) days after the end of each fiscal year. Costs
incurred in preparing and distributing the annual operating statement shall be included in the Regular
Assessments payable by the Owners.
8.14. Rules Regarding Inspections of Books and Records. The membership register, books
of account and minutes of meetings of the Board and Committees of an Association shall be made
available for inspection and copying by any Member of the Association or by such Member's duly
appointed representatives, at any reasonable times designated by the Association and for purposes
reasonably related to such Member's interest as a Member. No Member or any other Person shall copy
the membership register for the purposes of solicitation of or direct mailing to any Member of such
Association. The Board shall establish reasonable rules with respect to: (a) notice to be given to the
custodians of the records by the Person's desiring to make the inspection; (b) hours and days of the week
when such inspection may be made; and (c) payment of the cost of re-producing copies of documents
requested pursuant to this Article.
8.15. Variance Authority. The Board shall have the authority to grant one-time variances of
otherwise applicable restrictions contained in this Declaration. If such variances are granted,no violation
of the restrictions contained in this Declaration or any Supplemental Declaration shall be deemed to have
occurred with respect to the matter for which the variance was granted. The granting of such a variance
shall not operate to waive any of the terms and provisions of this Declaration or of any Supplemental
Declaration for any purpose except as to the particular property and particular provision hereof, covered
by the variance was granted. The granting of such a variance shall not operate to waive any of the terms
and provisions of this Declaration or of any Supplemental Declaration for any purpose except as to the
particular property and particular provision hereof covered by the variance, nor shall it affect in any way
the Owner's obligation to comply with all governmental laws and regulations affecting his use of the
premises, including but not limited to zoning ordinances and Building Lot set-back lines or requirements
imposed by any governmental or municipal authority.
MASTER DECLARATION OF COVENANTS,CONDITIONS&RESTRICTIONS
FOR DRY CREEK RANCH PLANNED COMMUNITY-24 VERSION:September 7,2018
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ARTICLE IX
SUB-ASSOCIATIONS
9.1. Creation by Declarant. The Declarant may create Sub-Association(s) as non-profit
corporations under the laws of the State of Idaho or may create such Sub-Association(s) as any
unincorporated entity which the Declarant deems appropriate. The Declarant may, in the Declarant's
discretion, create a Sub-Association by means of a Supplemental Declaration, or create such a Sub-
Association by means of separate instrument(s).
9.2. Management,Powers and Duties. Each Sub-Association shall be managed in the same
manner specified in the applicable Supplemental Declaration or other instrument, and/or in the Articles
and the Bylaws by the Sub-Association, shall have the same powers,rights,obligations and duties and be
subject to the same limitations and restrictions, including levying assessments, adopting rules and
regulations, granting easements,managing property, paying expenses, taxes, assessments, utility charges,
consulting fees and insurance premiums as are provided for herein for the Association,except as modified
herein or by Supplemental Declaration. The Board,officers,managers, and the Declarant shall be free of
personal liability as to the Sub-Association in the same manner as described herein with respect to the
Association.
9.3. Membership. Where a Sub-Association is created,the Members thereof shall be all the
Owners of Building Lots, including the Declarant, while the Declarant remains an Owner, in the
respective Property designated in the applicable Supplemental Declaration or other instrument.
Memberships may be transferred only in the same manner as provided for memberships in the
Association.
9.4. Voting Rights. The Members of each Sub-Association shall have such voting rights as
may be specified in the applicable Supplemental Declaration or other instrument and/or in the Articles
and Bylaws of the Sub-Association.
9.5. Commercial and/or Mixed-Use Sub-Associations. The Declarant retains the right to
vary or alter the requirements of this Declaration with regard to Property located within any Sub-
Association, including, in particular, with regard to any Property within the commercial and mixed-use
areas of the Subdivision.
ARTICLE X
RIGHTS TO COMMON AREA
10.1. Designation of Common Area. Grantor shall designate and reserve Common Area in
the Declaration,Supplemental Declaration(s)and/or recorded Plats,deeds or other instruments.
10.2. Use of Common Area. Every Owner, unless expressly designated otherwise by the
Declarant in a Supplemental Declaration, shall have a right to use each parcel of Common Area, which
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right shall be appurtenant to and shall pass with the title to every Building Lot subject to the following
provisions:
10.2.1. The right of an Association holding or controlling such Common Area to levy
and increase Assessments for the construction, protection, maintenance, repair, management and
operation of Improvements on Common Area, including the right to Special Assessments;
10.2.2. The right of an Association to suspend the voting rights and rights of use, or
interest in, Common Area by an Owner for any period during which any Assessment or charge against
such Owner's Building Lot remains unpaid;
10.2.3. The right of an Association to dedicate or transfer all or any part of Common
Area to any public agency,authority or utility or other Person as provided further herein;
10.2A. The right of an Association to prohibit the construction of Improvements on all
Common Area;
10.2.5. The right of an Association to adopt rules regulating the use and enjoyment of the
Common Area, including rules restricting use of the Common Area to Owners or Occupants of Building
Lots and their tenants,employees,family, guests or invitees,and rules limiting the number of guests who
may use the Common Area;
10.2.6. Any restrictions or limitations contained in any deed conveying Common Area to
an Association;
10.2.7. The right of the Board to permit the use of Common Area, or recreational
facilities that may be situated on the Common Area, by Persons other than Owners, with or without the
payment of use fees;and
10.2.8. The right of the Declarant to place utilities and establish easements within
Common Area.
10.3. Easement of Access. There is hereby reserved to all authorized users of any portion of
the Common Area an easement over the remaining Common Area of an Association for direct ingress and
egress to and from such Common Area being used.
10.4. Encumbrance of Common Area. Except for mortgages or conveyances made by
Grantor, the Common Area cannot be mortgaged or conveyed without the approval of the Class B
Member or, after the Class B Member Termination Date, Owners of at least two-thirds (2/3) of the total
voting power in an Association. If ingress or egress to any Building Lot is through Common Area, any
conveyance or encumbrance of Common Area shall be subject to an easement of Owners of such
Building Lots for the purpose of ingress and egress.
MASTER DECLARATION OF COVENANTS,CONDITIONS&RESTRICTIONS
FOR DRY CREEK RANCH PLANNED COMMUNITY-26 VERSION:September 7,2018
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10.5. Delegation of Right to Use. Any Owner may delegate, in accordance with the Project
Documents, such Owner's right of enjoyment to Common Area to the members of such Owner's family
in residence and such Owner's tenants or contract purchasers.
10.6. Damage to Common Area. Each Owner shall be fully liable for any damage to any
Common Area which may be sustained by reason of the negligence or willful misconduct of the Owner,
such Owner's tenant or contract purchaser, or such Owner's family or guests, both minor and adult. In
the case of joint ownership of a Building Lot,the liability of such Owners shall be joint and several. The
cost of correcting such damage shall be a Limited Assessment against such Owner(s)Building Lot(s) and
may be collected as provided herein for the collection of other Assessments.
ARTICLE XI
ASSESSMENTS
11.1. Purpose of Assessments. The Assessments levied by the Association shall be used to
promote the recreation,health,safety and welfare of the Owners and for the improvement and maintenance of
any areas maintained by the Association,to pay property taxes, insurance and other assessments,and to pay
such other reasonable costs and expenses incurred by the Association in carrying out the duties and business
of the Association.
11.2. Covenant to Pay Assessments. By acceptance of a deed to any Building Lot, each
Owner of such Building Lot, thereby covenants and agrees to pay when due all Assessments or charges
made by an Association or Sub-Association against such Owner pursuant to the provision of this
Declaration,any Supplemental Declaration,or other applicable Project Document.
11.3. Assessment Constitutes Lien. Such Assessments and charges together with late
charge(s), interest, costs and reasonable attorneys' fees which may be incurred in collecting the same,
shall be a continuing lien upon the Property or any portion thereof against which each such Assessment or
charge is made.
11.4. Assessment is Personal Obligation. Each such Assessment, together with late
charge(s), interest, costs, and reasonable attorneys' fees, shall also be the personal obligation of the
Owner of such property beginning with the time when the Assessment falls due. No Owner shall be
exempt from such obligation by a waiver of the use and enjoyment of Common Area or by lease or
abandonment of such Owner's Building Lot.
11.5. No Exemption. No Owner may exempt such owner from liability of Assessments by
non-use of Common Areas, abandonment of such Owner Building Lot, or any other means. The
obligation to pay Assessments is a separate and independent covenant on the part of each Owner. No
diminution or abatement of Assessments or set off shall be claimed or allowed for any alleged failure of
an Association or Board to take some action or perform some function required of it,or for inconvenience
or discomfort arising from the making of repairs or improvements,or from any other action it takes.
MASTER DECLARATION OF COVENANTS,CONDITIONS&RESTRICTIONS
FOR DRY CREEK RANCH PLANNED COMMUNITY-27 VERSION:September 7,2018
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11.6. Regular Assessments.The initial Regular Assessment to be assessed by the Association
shall be One Thousand Dollars ($1,000.00)per Building Lot per year and may be increased, from time
to time,as further set forth in this Section:
11.6.1. Purpose of Regular Assessments. The proceeds from Regular Assessments are
to be used for all costs and expenses incurred by an Association, including attorneys' fees and other
professional fees, for the conduct of such Association's affairs, including, without limitation, the costs
and expenses of construction, improvement, protection, maintenance, repair, management and operation
of Common Area, including all Improvements located on such areas owned and/or managed and
maintained by an Association, and an amount allocated to an adequate reserve fund to be used for repair,
replacement, maintenance and improvement to those elements of Common Area, or other property of an
Association that must be replaced and maintained on a regular basis.
11.6.2. Water, Sewer, Irrigation, and Conservation Fees Separate. Regular
Assessments are exclusive of fees and assessments of the Water Company, the Sewer Company, or any
other entity that may provide irrigation water in areas designated by the Declarant in its sole discretion.
Regular Assessments may be invoiced by the Association and due and payable from an Owner to the
Association in prorated amounts on a monthly,quarterly,biannual,semi-annual,annual or any other basis
deemed appropriate by the Association in its sole and absolute discretion from time to time.
11.7. Budget; Increases in Regular Assessments. The Board of Directors shall fix the amount
of the Regular Assessment against each Building Lot at least thirty (30) days in advance of each calendar
year. Written notice of the Regular Assessment shall be sent to every Owner subject thereto. The due dates
shall be established by the Board. The Association shall,upon demand,and for a reasonable charge,furnish a
certificate signed by an officer of the Association setting forth whether the Assessments on a specified
Building Lot have been paid. A properly executed certificate of the Association as to the status of
Assessments on a Building Lot is binding upon the Association as of the date of its issuance.
11.7.1. The Regular Assessment may be increased by the Board each year by not more
than ten percent (10%) above the regular annual assessment for the previous year without a vote of the
Members as provided below.
11.7.1.1. For so long as the Declarant owns one(1) or more Building Lots
or has the right to elect and/or appoint the Board or prior to the Class B Member Termination
Date, the Declarant alone, without requiring a meeting or a vote of the membership of the
Association or the consent of any other party, may unilaterally increase the Regular Assessment
by any commercially reasonable amount for the purpose of meeting the costs and expenses of the
Association and its obligations under this Declaration consistent with any current, proposed or
estimated operating budget of the Association.
11.7.1.2. Thereafter, the regular annual assessment may be increased
above ten percent(10%) by a two-thirds (2/3) vote of the Members who are voting in person or
by proxy,at a meeting duly called for this purpose.
MASTER DECLARATION OF COVENANTS,CONDITIONS&RESTRICTIONS
FOR DRY CREEK RANCH PLANNED COMMUNITY-28 VERSION:September 7,2018
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11.8. Special Assessments. The Association may levy, in any assessment year, a Special
Assessment applicable to that year only for the purpose of defraying, in whole or in part, costs and
expenses of the Association which exceed the Regular Assessment for any reason (including, without
limitation, costs of construction, improvement, protection, maintenance, repair, management, and
operation of Improvements upon Common Area, attorneys' fees and/or litigation costs, other professional
fees, or for any other reason), provided that any such Special Assessment shall be approved by a two-
thirds (2/3) vote of Members who are voting in person or by proxy at a meeting duly called for this
purpose. Notwithstanding the foregoing,for so long as the Declarant owns one(1)or more Building Lots
or has the right to elect and/or appoint the Board or prior to the Class B Member Termination Date, the
Declarant alone, without requiring a meeting or a vote of the membership of the Association or the
consent of any other party, may unilaterally declare and levy a Special Assessment. The Board shall, in
its discretion,determine the schedule under which a Special Assessment shall be paid.
11.9. Limited Assessments. Limited Assessments may be levied against any owner in an
amount equal to the costs and expenses incurred by the Association, including, without limitation, legal
fees, for corrective action necessitated by such Owner or costs and expenses incurred for the repair and
replacement of any property maintained by the Association damaged by negligent or willful acts of any
Owner or occupant of a Building Lot who is occupying the Building Lot with the consent of such Owner,
or for maintenance of landscaping performed by the Association which has not been performed by Owner
as provided herein. The nature and purpose of limited assessments are to reimburse the Association for its
actual costs and expenses incurred in obtaining corrective action,repairing,and replacing damaged property,
and for landscaping and maintenance expenses caused by the negligent and willful acts of an Owner or
occupant of a Building Lot.
11.9.1. Enforcement Requirements. Notwithstanding anything to the contrary contained
in the Declaration, no Limited Assessments may be imposed upon an Owner for a violation of the terms of
the Declaration by an Owner unless the following requirements are complied with by the Board: (i) A
majority vote by the Board shall be required prior to imposing any Limited Assessment on an Owner for a
violation of any covenants and restrictions pursuant to the rules and regulations of the Association; (ii)
Written notice by personal service or certified mail of the meeting during which such vote is to be taken shall
be made to the Owner at least thirty (30) days prior to the meeting; (iii) In the event the Owner begins
resolving the violation prior to the meeting, no Limited Assessment shall be imposed so long as the Owner
continues to address the violation in good faith until fully resolved; and (iv) No portion of any Limited
Assessment may be used to increase the remuneration of any member of the Board or an agent of the Board.
11.10. Initial Regular and Special Assessment. Upon the sale of each Building Lot by the
Declarant or an Owner, the purchaser shall pay an initial Regular or Special Assessment equal to the
balance of the prorated amount of the Regular or Special Assessment for that calendar year(i.e.,a closing
on April 1 of any calendar year would require a pro-rated amount of seventy-five percent (75%) of that
calendar year's Regular or Special Assessment). Such initial Regular and Special Assessment shall be
paid at the escrow closing of the Building Lot sale on or before the date of recordation of the deed from
the Declarant or an Owner to the purchaser. The Declarant shall be entitled to collect the initial Regular
and Special Assessment at the escrow closing of the sale for payment to the Association.
MASTER DECLARATION OF COVENANTS,CONDITIONS&RESTRICTIONS
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11.11. Other Assessments. In addition to the Regular, Special, and Limited Assessments,
Owners shall be subject to the following:
11.11.1.Setup Fee Assessment. Upon the initial sale of each Building Lot by the
Declarant to a homebuilder, the following setup fee assessment shall not apply. Upon the sale of a
Building Lot from a homebuilder to the initial residential Owner, the purchaser shall pay a one-time set
up fee assessment of Five Hundred Dollars ($500.00) per Building Lot. Such setup fee assessment
shall be paid at the escrow closing of the Building Lot sale on or before the date of recordation of the
deed from the homebuilder to the initial residential Owner. The Declarant, as agent for the Association,
shall be entitled to collect the setup fee assessment at the escrow closing of the Building Lot sale for
payment by the escrow agent to the Association. The setup fee assessment shall be used to defray
organizational cost for the Association and general costs of operation. The setup fee assessment
described herein is a one-time charge and will not be charged upon subsequent sales of any Building Lot,
which shall be subject to the transfer fee assessment described in Section 11.11.2.
11.11.2.Transfer Fee Assessment. Upon each sale of a Building Lot by an Owner after
the initial sale by a homebuilder, the purchaser shall pay a transfer fee assessment of Two Hundred Fifty
Dollars($250.00)per Building Lot. Such transfer fee assessment shall be paid at the escrow closing of the
Building Lot sale on or before the date of recordation of the deed from the Owner to the purchaser. The
Declarant, as agent for the Association, shall be entitled to collect the transfer fee assessment at the escrow
closing of the Building Lot sale for payment by the escrow agent to the Association. The transfer fee
assessment shall be used to defray organizational cost for the Association and general costs of operation.
11.11.3. Sewer and Water Charges and Other Fees. Each Owner shall be subject to
other fees and charges in connection with the operation and maintenance of a Building Lot, including,but
not limited to, Water Assessments and connection fees (as further described in Article VI), Sewer
Assessments and connection fees (as further described in Article VII), and Design Committee charges(as
further described in Article XII).
11.11.4. Conservation Assessment. The Association shall collect the Conservation
Assessment and facilitate transfer of such funds in accordance with Article V hereof.
11.12. Uniform Rate of Assessment. Regular and Special Assessments must be fixed at a uniform
rate for all Building Lots and may be invoiced and collected on a monthly,quarterly,biannual, semi-annual,
annual or any other basis deemed appropriate by the Board in its sole and absolute discretion.
11.13. Collection and Enforcement. The Association has the right to collect and enforce its
Assessments pursuant to the provisions hereof. Each Owner of a Building Lot,upon becoming an Owner of
such Building Lot,shall be deemed to covenant and agree to pay each and every Assessment provided for in
the Declaration and agrees to the enforcement of all Assessments in the manner herein specified.
11.13.1. Late Payment. Any Regular, Special, or Limited Assessment not paid within
thirty (30) days after the due date shall incur a late payment fee of Four Hundred Dollars ($400.00), and
shall bear interest from the due date at the rate of eighteen percent(18%)per annum or at the highest
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rate allowed by law if such rate is less than 18%. The Association may bring an action at law against the
Owner personally obligated to pay the same,and/or an action to foreclose the lien against such Building Lot
in accordance with Section 11.13.3.
11.13.2. Attorneys' Fees. In the event an attorney or attorneys are employed for the
collection of any Assessment, whether by suit or otherwise, or to enforce compliance with or specific
performance of the terms and conditions of the Declaration,each Owner agrees to pay reasonable attorney's
fees in addition to any other relief or remedy obtained against such Owner. The Board or its authorized
representative may enforce the obligations of the Owners to pay such Assessments by commencement and
maintenance of a suit at law or in equity, or the Board may exercise the power of foreclosure and sale
pursuant to this Section to enforce the liens created hereby. A suit to recover a money judgment for an
unpaid Assessment shall be maintainable without foreclosing or waiving the lien hereinafter provided.
11.13.3. Assessment Liens. There is hereby created a claim of lien with power of sale on
each and every Building Lot to secure payment of any and all Assessments levied against such Building Lot
pursuant to the Declaration together with interest thereon at the maximum rate permitted by law and all costs
of collection which may be paid or incurred by the Association making the Assessment in connection
therewith, including reasonable attorneys' fees. All sums assessed in accordance with the provisions of the
Declaration shall constitute a lien on such respective Building Lots upon recordation of a claim of lien with
the Ada County Recorder. Such lien shall be prior and superior to all other liens or claims created subsequent
to the recordation of the notice of delinquency and claim of lien except for tax liens for real property taxes on
any Building Lot and Assessments on any Building Lot in favor of any municipal or other governmental
assessing body which,by law,would be superior thereto.
11.13.3.1. Claim of Lien. Upon default of any Owner in the payment of any
Regular,Special or Limited Assessment issued hereunder,the Association may cause to be recorded
in the office of the Ada County Recorder a claim of lien. The claim of lien shall state the amount of
such delinquent sums and other authorized charges (including the cost of recording such notice), a
sufficient description of the Building Lot(s) against which the same have been assessed, and the
name of the record Owner thereof. Each delinquency shall constitute a separate basis for a notice
and claim of lien, but any number of defaults may be included within a single notice and claim of
lien. Upon payment to the Association of such delinquent sums and charges in connection therewith
or other satisfaction thereof, the Association shall cause to be recorded a further notice stating the
satisfaction of relief of such delinquent sums and charges. The Association may demand and receive
the cost of preparing and recording such release before recording the same.
11.13.3.2. Method of Foreclosure. Such lien may be foreclosed by
appropriate action in court or by sale by the Association establishing the Assessment,its attorney or
other person authorized to make the sale. Such sale shall be conducted in accordance with the
provisions of the Idaho Code applicable to the exercise of powers of sale permitted by law. The
Board is hereby authorized to appoint its attorney, any officer or director of the Association, or any
title company authorized to do business in Idaho as trustee for the purpose of conducting such power
of sale or foreclosure.
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11.13.3.3. Required Notice. Notwithstanding anything contained in the
Declaration to the contrary,no action may be brought to foreclose the lien created by recordation of
the notice of delinquency and claim of lien, whether judicially,by power of sale or otherwise,until
the expiration of thirty(30)days after a copy of such claim of lien has been deposited in the United
States mail,certified or registered,postage prepaid,to the Owner of the Building Lot(s)described in
such notice of delinquency and claim of lien,and to the person in possession of such Building Lot(s),
and a copy thereof is recorded by the Association in the Office of the Ada County Recorder.
11.14. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein
shall be subordinate to the lien of any first mortgage. Sale or transfer of any Building Lot shall not affect the
assessment lien. However, the sale or transfer of any Building Lot pursuant to mortgage foreclosure or any
proceeding in lieu thereof shall extinguish the lien of such assessments as to payment, which become due
prior to such sale or transfer but shall not extinguish personal liability. No sale or transfer but shall relieve
such Building Lot from liability for any assessments thereafter becoming due or from the lien thereof.
11.15. Declarant Not Obligated to Pay Assessments. Neither the Declarant nor any affiliate of
Declarant nor any development entity within which James H. Hunter has any ownership interest (each, an
"Affiliated Entity") shall be obligated to pay any Assessments under this Article XI on any Building Lot(or
other portion of the Property)owned by the Declarant or any Affiliated Entity. The foregoing restriction shall
not apply to entities whose primary business is the construction of residential Improvements.
11.16. Exempt Property.The following property shall be exempt from payment of Regular and
Special Assessments: all Common Areas, any Property dedicated to and accepted by any governmental
authority or public utility,and any Conservation and Wildlife Areas.
ARTICLE XII
DESIGN COMMITTEE
12.1. No Improvements Without Design Committee Approval. No Improvements on any
portion of the Property shall be constructed, reconstructed,placed or removed from the Property without
conformity with the Design Guidelines and without prior written consent of the Design Committee. The
Design Guidelines shall be used by the Design Committee to ensure that all Improvements conform and
harmonize as to external design,quality and type of construction, architectural character, materials, color,
location on the Building Lot, height, grade and finish ground elevation, natural conditions, landscape and
all aesthetic considerations,including guidelines designed to protect the special qualities and Community-
Wide Standard of the Subdivision, and to encourage creative design, by providing general architectural,
design and construction guidelines (including building envelope guidelines), landscape guidelines
(including a description of existing, natural conditions and vegetation, and water conservation or
xeriscape measures),submittal and review procedures,and fees and charges for review.
12.2. Design Guidelines. The content of the Design Guidelines may be modified and amended
from time to time by a majority vote of the Board. Nothing contained in this section shall limit any
Owner's obligation and duty to ensure that such Owner's Building Lot Improvements are in compliance
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with this Declaration,any Supplemental Declaration,the Design Guidelines,any other Project Documents
or applicable state or local laws. In the event of a conflict between the Design Guidelines and this
Declaration,this Declaration shall govern.
12.3. Members of the Design Committee. The Design Committee shall consist of three (3)
members. Each shall hold office until such time as he has resigned or has been removed or his successor
has been appointed, as provided herein. For so long as the Declarant is the Owner of any portion of the
Property, the Declarant alone shall have the unilateral right to appoint and remove all members of the
Design Committee. Thereafter,the Board shall have the power to appoint and remove all members of the
Design Committee. Members of the Design Committee may be removed at any time,without cause.
12.3.1. Design Committee Representative. The Design Committee may appoint in
writing one (1) of its members to act as its designated representative (the "Committee Representative").
The Committee Representative may be delegated all duties and obligations of the Design Committee. In
the event a Committee Representative is appointed,it is intended that the Design Committee shall look to
the Committee Representative to perform all functions of the Design Committee; provided, however, the
Design Committee shall make all final determinations and decisions regarding all duties and obligations
of the Design Committee. Any action or decision made by a majority of the members of the Design
Committee shall be a binding decision of the entire Design Committee.
12.4. Review of Proposed Construction.The Design Committee shall consider and act upon
any and all proposals of plans and specifications submitted for its approval pursuant to this Declaration,
and perform such other duties as from time to time shall be assigned to it by the Board, including the
inspection of construction in progress to assure its conformance with plans approved by the Design
Committee. The Board shall have the power to determine, by rule or their written designation consistent
with this Declaration, which types of improvements shall be submitted to the Design Committee to
review and approval. The Design Committee shall approve proposals or plans and specifications
submitted for its approval only if it deems that the construction, alterations or additions contemplated
thereby in the locations indicated will not be detrimental to the appearance of any structure affected
thereby will be in harmony with the surrounding structures,and that the upkeep and maintenance thereof
will not become a burden on the Association.
12.4.1. Conditions of Approval. The Design Committee may condition its approval of
proposals or plans and specifications upon such changes therein as it deems appropriate, or upon the
agreement of the Owner submitting the same ("Applicant") to grant appropriate easements to an
Association for the maintenance thereof, upon the agreement of the Applicant to reimburse the
Association for the cost of maintenance,or upon all three,any may require submission of additional plans
and specifications or other information before approving or disapproving material submitted.
12.5. Committee Rules.The Design Committee may establish,from time to time,rules and/or
guidelines setting forth procedures for the required content of the applications and plans submitted for
approval. Such rules may require a fee to accompany each application for approval, or additional factors
which it will take into consideration in reviewing submissions.
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12.6. ACC Fee Assessment. The Architectural Committee shall require a fee to accompany
each application for approval of any plans and specifications for improvements to be constructed on a
Building Lot, or additional factors which it will take into consideration in reviewing submissions. The
Committee shall determine the amount of such fee in a reasonable manner, provided that in no event
shall such fee exceed Seven Hundred Dollars ($700.00). Such fees shall be used to defray the costs and
expenses of the Committee or for such other purposes as established by the Board.
12.7. Detailed Plans. The Design Committee may require such detail in plans and
specifications submitted for its review as it deems proper, including, without limitation, floor plans,
landscape plans, drainage plans, elevation drawings, colored renderings, and descriptions or samples of
exterior material colors, as further specified in the Design Guidelines. Until receipt by the Design
Committee of any required plans and specifications, the Design Committee may postpone review of any
plan submitted for approval.
12.8. Design Committee Decisions. Decisions of the Design Committee and the reasons
therefor shall be transmitted by the Design Committee to the Applicant at the address set forth in the
application for approval within thirty (30) days after filing all materials required by the Design
Committee. In the event no decision is provided within such time period, such applications shall be
deemed denied in accordance with the procedures set forth in the Design Guidelines.
12.9. Meetings of the Design Committee; Voting. The Design Committee shall meet from
time to time as necessary to perform its duties hereunder. The vote of any two (2) members of the
Committee, or the written consent of any two (2) members of the Design Committee taken without a
meeting,shall constitute an act of the committee.
12.10. No Waiver of Future Approvals. The approval of the Design Committee of any
proposals or plans and specifications or drawings for any work done or proposed, or in connection with
any other matter requiring the approval and consent of the Design Committee, shall not be deemed to
constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and
specifications, drawings or matter whatever subsequently or additionally submitted for approval or
consent.
12.11. Compensation of Members. The members of the Design Committee shall receive no
compensation for services rendered, other than reimbursement for expenses incurred by them in the
performance of their duties hereunder and except as otherwise agreed by the Board.
12.12. Inspection of Work. Inspection of work and correction of defects therein shall proceed
as follows:
12.12.1. Upon the completion of any work for which approved plans are required under
this Article,the Owner shall give written notice of completion to the Design Committee.
12.12.2. Within sixty (60) days thereafter, the Design Committee or its duly authorized
representative may inspect such improvement. If the Design Committee finds that such work was not
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done in substantial compliance with the approved plans, it shall notify the Owner in writing of such non-
compliance with such sixty(60)day period,specifying the particular noncompliance,and shall require the
Owner to remedy the same.
12.12.3. If for any reason the Design Committee fails to notify the Owner of any
noncompliance within sixty (60) days after receipt of the written notice of compliance from the Owner,
the Improvement shall be deemed to be in accordance with the approved plans.
12.13. Non-Liability of Design Committee Members. Neither the Design Committee nor any
member thereof, nor its duly authorized Design Committee representative, shall be liable to the
Association, or to any Owner or Grantee for any loss, damage or injury arising out of or in any way
connected with the performance of the Design Committee's duties hereunder, provided such person has,
upon the basis of such information as may be possessed by him, acted in good faith without willful or
intentional misconduct. The Design Committee shall review and approve or disapprove all plans
submitted to it for any proposed improvement, alteration or addition, solely on the basis of aesthetic
considerations and the overall benefit or detriment, which would result in the immediate vicinity and to
the Property generally. The Design Committee shall take into consideration the aesthetic aspects of the
architectural designs, placement of building, landscaping, color schemes, exterior finishes and materials
and similar features, but shall not be responsible for reviewing, nor shall its approval of any plan or
design from the standpoint of structural safety or conformance with building or other codes.
12.14. Variances.The Design Committee may authorize variances from compliance with any of
the architectural provisions of this Declaration or any Supplemental Declaration, including restrictions
upon height, size, floor area or placement of structures, or similar restrictions, when circumstances such
as topography, natural obstructions, hardship, aesthetic or environmental considerations may require.
Such variances must be evidenced in writing, must be signed by at least two (2) members of the Design
Committee, and shall become effective upon recordation in the Office of the County Recorder of Ada
County. If such variances are granted,no violation of the restrictions contained in this Declaration or any
Supplemental Declaration shall be deemed to have occurred with respect to the matter for which the
variance was granted. The granting of such a variance shall not operate to waive any of the terms and
provisions of this Declaration or of any Supplemental Declaration for any purpose except as to the
particular property and particular provision hereof,covered by the variance was granted. The granting of
such a variance shall not operate to waive any of the terms and provisions of this Declaration or of any
Supplemental Declaration for any purpose except as to the particular property and particular provision
hereof covered by the variance, nor shall it affect in any way the Owner's obligation to comply with all
governmental laws and regulations affecting his use of the premises, including but not limited to zoning
ordinances and Building Lot set-back lines or requirements imposed by any governmental or municipal
authority.
12.15. Enforcement. Any Improvement placed or made in violation of this Article shall be
deemed to be nonconforming. Upon written request from the Board or Design Committee, such
offending Owner shall, at such Owner's own cost and expense, remove such Improvement AND restore
the Building Lot to substantially the same condition as existed prior to the nonconforming work. Should
an Owner fail to remove and restore as required, the Board or its designees shall have the right to enter
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the Building Lot,remove the violation,and restore the Building Lot to substantially the same condition as
previously existed. All costs,together with the interest at the maximum rate then allowed by law,may be
assessed against the Building Lot and collected as a Limited Assessment. Any contractor, subcontractor,
agent, employee, or other invitee of an Owner who fails to comply with the terms and provisions of the
Declaration and the Design Guidelines may be excluded by the Board from the Property. In such event,
neither the applicable Association, nor its officers, nor its directors shall be held liable to any Person for
exercising the rights granted hereunder. In addition to the foregoing, such Association shall have the
authority and standing to pursue all legal and equitable remedies available to enforce the provisions of the
Declaration and the decisions of the Design Committee.
12.16. Grantor's Exemption. Any and all Improvements constructed by Grantor on or to the
Property are not subject to review and approval by the Design Committee.
ARTICLE XIII
CONDEMNATION
13.1. Consequences of Condemnation.If at any time or times,all or any part of the Common
Area shall be taken or condemned by any public authority or sold or otherwise disposed of in lieu of or in
avoidance thereof,the following provisions shall apply.
13.1.1. Proceeds. All compensation, damages, or other proceeds therefrom, the sum of
which is hereinafter called the "condemnation award," shall be payable to the Association owing the
condemned Common Area.
13.1.2. Apportionment. The condemnation award shall be apportioned among the
Owners having an interest in the condemned Common Area equally on a per-Building Lot basis. The
appropriate Association shall, as soon as practicable, determine the share of the condemnation award to
which each Owner is entitled. Such shares shall be paid into separate accounts, one account for each
Building Lot. Each such account shall remain in the name of the appropriate Association and shall be
further identified by Building Lot number and the name of the Owner thereof. From each separate
account, the Association, as attorney-in-fact, shall use and disburse the total amount of such accounts,
without contribution from one account to the other, first to Mortgagees and other liens or in the order of
priority of their Mortgages and other liens and the balance remaining to each respective Owner.
ARTICLE XIV
EASEMENTS
14.1. Recorded Easements. The Property, and all portions thereof, shall be subject to all
easements shown on any recorded Plat affecting the Property, or any portion thereof, and to any other
easements of record or of use as of the date of recordation of this Declaration, as amended and/or
supplemented from time to time.
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14.2. Easements of Encroachment. There shall be reciprocal appurtenant easements of
encroachment as between each Building Lot and such portion or portions of Common Area adjacent
thereto, or as between adjacent Building Lots, due to the inadvertent placement or settling or shifting of
Improvements including, without limitation, structures, overhanging eaves, projections from buildings
(which projections shall be consistent with all building codes), walkways, bike paths, sidewalks and
driveways constructed, reconstructed or altered thereon in accordance with the terms of this Declaration.
Easements of encroachment shall be valid only so long as they exist, and the rights and obligations of
Owners shall not be altered in any way because of encroachments, settling or shifting of the
Improvements;provided, however, that in no event shall a valid easement for encroachment occur due to
the willful or bad faith act(s) of an Owner. In the event a structure on any Building Lot is partially or
totally destroyed, and then repaired or rebuilt, Owners of each Building Lot agree that minor
encroachments within and over adjoining Building Lots that existed prior to the encroachment may be
reconstructed pursuant to the easement granted by this section.
14.3. Maintenance Easement. An easement is hereby reserved to the Declarant, the
applicable Association(s), the Board or Manager, if any, and their respective officers, agents, employees,
and assigns, upon, across, over, in, and under the Building Lots and Common Area and a right to make
such use of the Building Lots and Common Area as may be necessary or appropriate to make emergency
repairs or to perform the duties and functions which the applicable Association is obligated or permitted
to perform pursuant to the Projects Documents, including the right to enter upon any Building Lot or
Common Area for the purpose of performing maintenance to the landscape or the exterior of
Improvements to such Building Lot or Common Area as required by the Project Documents.
14.4. Drainage and Utility Easements. Notwithstanding anything expressly or impliedly
contained herein to the contrary, the Property shall be subject to all easements heretofore or hereafter
granted by the Declarant for the installation and maintenance of utilities and/or drainage facilities that are
required for the development of the Property. In addition, Grantor hereby reserves for the benefit of the
Association the right to grant additional easements and rights-of-way over the Property, as appropriate,to
the Water Company,the Sewer Company, other utility companies,and/or public agencies as necessary or
expedient for the proper development of the Property until close of escrow for the sale of the last Building
Lot in the Property. Every portion of the Property shall be burdened with easements for natural drainage
of storm water runoff from other portions of the Property; provided, however, no Person shall alter the
natural drainage so as to materially increase the drainage of stormwater onto adjacent portions of the
Property without the consent of the Owner of the affected portion of the Property and Grantor.
14.5. Party Structures. Each wall, fence, driveway or similar structure built as a part of the
original construction on the Building Lots which serves and/or separates any two adjoining Building Lots
or structures shall constitute a party structure. To the extent not inconsistent with the provisions of this
section,the general rules of law regarding party walls and liability for property damage due to negligence
or willful acts or omissions shall apply thereto. All Owners who make use of the party structure shall
share the cost of reasonable repair and maintenance of such structure equally. If a party structure is
destroyed or damaged by fire or other casualty, then to the extent that such damage is not covered by
insurance and repaired out of the proceeds of insurance, any Owner who has used the structure may
restore it. If other Owners subsequently use the structure, they shall contribute to the restoration cost in
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equal proportions. However, such contribution shall not prejudice the right to call for a larger
contribution from the other users under any rule of law regarding liability for negligent or willful acts or
omissions. The right of an Owner to contribution from any other Owner under this section shall be
appurtenant to the land and shall pass to such Owner's successors-in-title.
14.6. Driveway Easements. Whenever a party structure that is a driveway is installed within
the Property which in whole or in part lies upon a Building Lot owned by an Owner other than the Owner
of the Building Lot served, or is installed to serve more than one Building Lot, the Owner of each
Building Lot served by such driveway shall be entitled to full use and enjoyment of such other Building
Lot as required to service such Owner's Building Lot or to repair, replace and maintain such driveway.
The cost of maintaining any such driveway shall be shared equally by the Owners of all the Building Lots
which are benefited by such driveway. Each such Owner agrees to indemnify, defend and hold the other
Owner harmless for and against liability, costs and expenses, including reasonable attorneys' fees, for,
without limitation: damages, losses, injuries, or death to Persons; or damages, infringements or losses to
or of property, whether personal, real or intangible; or violations of any statute, law, ordinance, code,
regulation or rule of any entity which may be asserted against the other Owner arising out of or in relation
to the use and/or Maintenance of such driveway by the other Owner, the other Owner's agents, guests,
invitees, successors and assigns.
14.7. Declarant's Rights Incident to Construction. The Declarant, for itself and its
successors and assigns, hereby retains a right and easement of ingress and egress over, in, upon, under,
and across the Property and the right to store materials thereon and to make such other use thereof as may
be reasonably necessary or incident to the construction of the Improvements on the Property owned by the
Declarant; provided,however,that no such rights shall be exercised by the Declarant in such a way so as
to unreasonably interfere with the occupancy, use, enjoyment, or access to an Owner's Building Lot by
that Owner or such Owner's family,tenants,employees, guests,or invitees.
14.8. Easements Deemed Created. All conveyances of Building Lots made after the date of
the recording of this Declaration, as this Declaration may be amended and/or supplemented from time to
time, whether by the Declarant or otherwise, shall be construed to grant and reserve the easements
contained in this Article, even though no specific reference to such easement or to this Article appears in
the instrument for such conveyance.
14.9. Additional Covenants and Easements. The Declarant may unilaterally subject any
portion of the Property to additional covenants and easements, including, without limitation, covenants
obligating an Association to maintain and insure such portion of the Property on behalf of the Owners.
Such additional covenants and easements shall be set forth in a Supplemental Declaration filed either
concurrently with or after the annexation of the subject property, and shall require the written consent of
the owner(s)of such property,if other than the Declarant.
14.10. Emergency Easement. A general easement is hereby granted to all police, sheriff, fire
protection, ambulance, and all other similar emergency agencies to enter the Property in the proper
performances of their duties.
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14.11. Easements to Serve Additional Property. The Declarant hereby reserves an easement
over any Common Area for the purpose of access to adjoining property which may now or later be owned
by the Declarant. This easement includes, without limitation, a right of ingress and egress over the
Common Area for construction of roads and for connecting and installing utilities on such property.
ARTICLE XV
ENFORCEMENT
15.1. Default. A person shall be deemed to be in default of this Declaration only upon the
expiration of fifteen (15)days (five(5) days in the event of failure to pay money) from receipt of written
notice from the Declarant or Association specifying the particulars in which such person has failed to
perform the obligations of this Declaration unless such person, prior to the expiration of said fifteen (15)
days (five [5] days in the event of failure to pay money), has rectified the particulars specified in said
notice of default ("Notice of Violation"). The requirement for written notice shall be satisfied upon the
mailing of a Notice of Violation to the address evidenced on the records of the Ada County Assessor as
being the address to which tax notices are to be mailed
15.2. Remedies. In the event of any breach or other non-compliance with any provision of the
Project Documents, then, after affording the breaching Person reasonable notice and an opportunity to be
heard in accordance with this Declaration and the procedures required in connection with imposition of
Limited Assessments, the Association (or, where applicable, Sub-Association)may exercise any or all of
the following remedies: (a) Bring an action to recover monetary damages; (b) Institute a proceeding in
equity to obtain injunctive or other equitable relief, (c) Suspend such Owner's voting rights, if any, and
right to use the recreational facilities within the Common Area; (d) Exclude such Owner's contractors,
subcontractors, agents, employees, or other invitees from the Property; (e) Impose reasonable fines
against such Owner in the manner and amount the Board deems appropriate in response to the violation;
(f) Enter the offending Building Lot; remove, abate, modify, or replace the item which is the cause of
such violation in a manner that results in conformance with the Project Documents; and assess the cost
thereof against the Building Lot and collect the same as a Limited Assessment, unless otherwise
prohibited under this Declaration; or (g) Exercise any other right or remedy available to it by law or in
equity or under this Agreement.
15.3. Right of Owners. Any action to enforce the Project Documents may be instituted by
Grantor or the Board (or any property manager retained by the Board) in the name and on behalf of an
Association. If, after written request from an aggrieved Owner, none of the foregoing Persons
commences an action to enforce the Project Documents within a reasonable period, then the aggrieved
Owner may bring such an action independently.
15.4. Limitation of Liability. Reasonable and good faith exercise of the rights of entry set
forth in this Article shall not subject the Declarant, an Association, the Design Committee, any other
committee established under the Bylaws, or their respective partners, officers, directors, members,
managers, agents, employees, or contractors to any liability for trespass, conversion, or other claim for
damages. The Declarant, an Association,the Design Committee, and other committee established under
the Bylaws, and their respective partners, officers, directors, members, managers, agents, employees and
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contractors shall not be liable to any Owner or other Person for failure at any time to enforce any of the
Project Documents.
15.5. Recovery of Costs and Fees. In the event any suit or other proceeding is instituted to
enforce any of the Project Documents, the prevailing party in such proceeding shall recover its costs and
expenses incurred in connection therewith, as well as such amount as the court may determine to be
reasonable as attorneys' fees at trial and upon any appeal or petition for review thereof.
15.6. Nonexclusiveness and Accumulation of Remedies. An election to pursue any remedy
provided for violation of the Project Documents shall not prevent concurrent or subsequent exercise of
other rights or remedies permitted thereunder. The remedies provided in this Declaration are not
exclusive, but shall be in addition to all other remedies, including actions for damages and suits for
injunctions and specific performance,available under applicable law or in equity.
ARTICLE XVI
RESOLUTIONS OF DISPUTES
16.1. Agreement to Avoid Litigation. All Owners agree to encourage the amicable resolution
of disputes within the Property. Accordingly,all claims,grievances,or disputes by any Owner arising out
of or relating to the interpretation, application, or enforcement of the Project Documents, or the rights,
obligations, and duties of any Owner (collectively, the "Claims"), shall be subject to the provisions of
this Article XVI.
16.2. Mandatory Procedures.
16.2.1. Notice. Any Owner having a Claim (the "Claimant") shall notify the
Association, the Declarant, or any other Owner alleged to have violated the Project Documents (each, a
"Respondent") in writing, stating plainly and concisely the following: (1) the nature of the claim,
including the Persons involved and Respondent's role in the claim; (2) the legal basis of the Claim; (3)
the Claimant's proposed remedy; and (4) the fact that Claimant (or an authorized representative) will
meet with Respondent(or an authorized representative)to discuss in good faith ways to resolve the Claim
(the"Claim Notice").
16.2.2. Negotiation and Mediation. The parties shall take commercially reasonable
efforts to meet in person and confer for the purpose of resolving the Claim by good-faith negotiation. If
requested in writing, accompanied by a copy of the Claim Notice, the Board may, in its sole discretion,
appoint a representative to assist the parties in resolving the dispute by negotiation. If the parties do not
resolve the claim within thirty (30) days of the date of the Claim Notice, the Claimant shall have thirty
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(30) days to submit the Claim to mediation by an independent mediation service approved by Claimant
and Respondent, which approval by Respondent may not be unreasonably withheld, conditioned, or
delayed. The Association may maintain a list of approved mediators and selection from such a list by
Claimant shall be deemed binding on Respondent. If Claimant does not submit the Claim to mediation
within such thirty-day time period, or does not appear (either in person or through an authorized
representative) for the mediation,the Claimant shall be deemed to have waived the Claim. If the parties
do not settle the Claim within thirty (30) days after submission of the matter to mediation, the mediator
shall submit to the Association a notice of termination of the mediation proceedings.
16.2.3. Mandatory Arbitration. In the event the mediation proceedings are terminated
by notice as set forth in the preceding section, the Claimant shall submit the Claim to mandatory and
binding arbitration, with such proceedings occurring in the County or another location mutually agreeable
to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial
Arbitration Rules of the American Arbitration Association ("AAA"). The arbitrator shall be selected
from a list provided by AAA, with Claimant and Respondent splitting the costs of obtaining such a list.
Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide
an explanation for all conclusions of law and fact and shall include the assessment of costs,expenses,and
reasonable attorneys'fees. Any such arbitration shall be conducted by an arbitrator experienced in related
matters and shall include a written record of the arbitration hearing. An award of arbitration may be
confirmed in a court of competent jurisdiction.
ARTICLE XVII
GENERAL PROVISIONS
17.1. Annexation and Withdrawal of Property. The Declarant may, in its discretion, at any
time and from time to time, and without having to obtain the consent,approval,or signature of any Person
or the Association or any Sub-Association, elect to remove any portion of the Property from (or annex
additional real property to) the jurisdiction of this Declaration. In the case of de-annexed property, such
property shall be considered de-annexed upon a notice duly recorded in the Ada County Recorder's
Office stating that such de-annexed property has been removed from the jurisdiction of this Declaration.
17.2. Severability. Invalidation of any one of these covenants or restrictions by judgment or
court order shall in no way affect any other provisions which shall remain in full force and effect.
17.3. Term. The covenants and restrictions of this Declaration shall run with the land and
shall inure to the benefit of and be enforceable by the Association or the legal Owner of any Building Lot
subject to this Declaration,their respective legal representatives,heirs,successors and assigns,for a term
of twenty-five(25)years from the date this Declaration is recorded, after which time said covenants shall
be automatically extended for successive periods of ten (10) years, unless terminated by an instrument
signed by members entitled to cast not less than sixty-six percent(66%)of the votes of membership.
17.4. Amendment. Until the Class B Member Termination Date, the provisions of this
Declaration may be amended, modified,clarified, supplemented, added to or terminated by the Declarant
MASTER DECLARATION OF COVENANTS,CONDITIONS&RESTRICTIONS
FOR DRY CREEK RANCH PLANNED COMMUNITY-41 VERSION:September 7,2018
Att. 1.4-41

DRY CREEK RANCH
by recordation of a written instrument setting forth such amendment. After the Class B Member
Termination Date,any amendment to any provision of this Declaration, other than to this Article, shall be
by an instrument in writing signed and acknowledged by the president and secretary of the Association
certifying and attesting that such amendment has been approved by the vote or written consent of
Members representing at least two-thirds(2/3) of the total voting power in the Association,except where
a greater percentage is required by express provision in this Declaration, and such amendment shall be
effective upon its recordation with the Ada County, Idaho Recorder's Office. Any amendment to this
Section shall require the vote or written consent of Members representing ninety percent (90%) of the
voting power of the Association. Any amendment of this Declaration approved in the manner specified
above shall be binding on and effective as to all Owners and their respective Building Lots
notwithstanding that such Owners may not have voted for or consented to such amendment. Such
amendments may add to and increase the Restrictions applicable to the Property but shall not prohibit or
unreasonably interfere with the allowed uses of such Owner's Building Lot(s) which existed prior to such
amendment(s).
17.5. Mortgage Protection. Notwithstanding any other provision of this Declaration, no
amendment of this Declaration shall operate to defeat or render invalid the rights of the beneficiary under
any first mortgage upon a Building Lot made in good faith and for value, and recorded prior to the
recordation of such amendment, provided that after foreclosure of any such first mortgage, such Building
Lot shall remain subject to this Declaration,as amended.
17.6. Assignment by Declarant. All rights of the Declarant hereunder reserved or created
shall be held and exercised by the Declarant alone, so long as it owns any interest in any portion of the
Property. Any or all rights,powers and reservations of the Declarant herein contained may be assigned to
an Association or to any other corporation or association which is now organized or which may hereafter
be organized and which will assume the duties of the Declarant hereunder pertaining to the particular
rights, powers and reservations assigned, and upon any such corporation or association evidencing its
intent in writing to accept such assignment, have the same rights and powers and be subject to the same
obligations and duties as are given to and assumed by the Declarant herein.
17.7. Owners' Further Acknowledgments. By accepting a deed to any Building Lot(s)
contained within the Property,each Owner acknowledges and agrees to the following:
17.7.1. Project Documents. That Owner has read and understands the Project
Documents;
17.7.2. Use by General Public. That certain portions of the Subdivision, including trails
and Conservation and Wildlife Areas,may be utilized by the general public;
17.7.3. Use Permits. That in order to receive approval to develop the Subdivision, the
Declarant was required to obtain conditional use approval from Ada County, that through this process
certain conditions of approval attached to the Subdivision, and that Owner understands and will abide by
all such conditions. All Owners acknowledge and agree that such Owners will contact Ada County for
particulars;
MASTER DECLARATION OF COVENANTS,CONDITIONS&RESTRICTIONS
FOR DRY CREEK RANCH PLANNED COMMUNITY-42 VERSION:September 7,2018
Att. 1.4-42

DRY CREEK RANCH
17.7.4. Development Plans. That Owner understands and acknowledges the right of
such property to be developed in compliance with applicable local,county,state and federal law;
17.7.5. Due Diligence Completed. That Owner has accepted title to the Building Lot(s)
after conducting all necessary inquiries and due diligence, and that Owner takes such Building Lot(s)"AS
IS,WHERE IS,"without any express or implied warranty from Grantor.
17.7.6. Ada County Landfill. The Ada County Landfill is near the Dry Creek Ranch
property west of its southern boundary and across from Highway 55, with two active landfill site
envisioned to operate for eighty five (85) more years on approximately twenty seven hundred (2700)
acres where trespassing is prohibited.
17.7.7. Hillside and Flood Hazard Overlays. Certain areas of the Subdivision are located
in the Ada County Hillside and Flood Hazard Overlays (as further defined in Ada County Code 8-34H
and 8-3-41,respectively) and that development approvals in such areas require approval by Ada County
Planning&Development Services.
17.7.8. Wildland-Urban Fire Interface Overlay. Certain areas of the Subdivision are
located in the Ada County Wildland-Urban Fire Interface Overlay (as further defined in Ada County
Code 8-3B). The requirements of Ada County Code in connection with the wildland-urban fire interface
(as the same may be from time to time amended) are hereby incorporated herein, including, without
limitation,a requirement of thirty(30) feet of clear space around each structure and seventy-five(75)feet
around each building group wherever possible.
17.7.9. Water and Sewer Disclosures. As further set forth in Article VI,this Subdivision
is serviced by a private drinking water system. Fees, including user and maintenance fees, are subject to
fluctuation. As further set forth in Article VII,this Subdivision is serviced by a private sewer company or
district, which is not regulated by the Idaho Public Utilities Commission. Fees, including user fees and
maintenance fees,are subject to fluctuation.
17.7.10. Wildlife Depredation. There is wildlife habitat in the area of Dry Creek Ranch.
Damage to landscaping from wildlife shall be the responsibility of each individual Building Lot owner
and shall not be the responsibility of the Declarant or any of its affiliates, the Association, the State of
Idaho, or the County. Neither the Declarant or any of its affiliates, the Association, the County, nor the
State of Idaho will be liable for wildlife depredation.
17.7.11. WAIVER OF RIGHT TO OBJECT. BY ACCEPTANCE OF A DEED TO
ANY PORTION OF THE PROPERTY, EACH OWNER: (I) ACKNOWLEDGES AND AGREES
THAT THE DEVELOPMENT PLAN FOR THE SUBDIVISION MAY BE AMENDED, MODIFIED,
OR CHANGED IN THE DECLARANT'S DISCRETION SO LONG AS THE DEVELOPMENT PLAN
IS CONSISTENT WITH ADA COUNTY'S ZONING LAWS;AND (II)SHALL NOT OBJECT TO OR
OPPOSE DEVELOPMENT OF ANY PORTION OF THE SUBDIVISION, OR OTHER PROPERTY
OWNED BY THE DECLARANT AND ANNEXED TO THE SUBDIVISION. EACH OWNER'S
MASTER DECLARATION OF COVENANTS,CONDITIONS&RESTRICTIONS
FOR DRY CREEK RANCH PLANNED COMMUNITY-43 VERSION:September 7,2018
Att. 1.4-43

DRY CREEK RANCH
AGREEMENT NOT TO OBJECT TO OR OPPOSE THE DEVELOPMENT MATTERS SET FORTH
IN THE PRECEDING SENTENCE IS A MATERIAL CONSIDERATION TO THE CONVEYANCE
OF ANY PORTION OF THE PROPERTY BY THE DECLARANT TO SUCH OWNER AND TO THE
DECLARANT'S WILLINGNESS TO UNDERTAKE THE DEVELOPMENT OF THE SUBDIVISION.
17.8. Conflicts Between Documents. In case of conflict between this Declaration and the
Articles or the Bylaws, this Declaration shall control. In case of conflict between the Articles and the
Bylaws, the Articles shall control. In case of conflict between this Declaration and the Design
Guidelines,this Declaration shall control.
[DECLARANT SIGNATURE ON FOLLOWING PAGE]
MASTER DECLARATION OF COVENANTS,CONDITIONS&RESTRICTIONS
FOR DRY CREEK RANCH PLANNED COMMUNITY-44 VERSION:September 7,2018
Att. 1.4-44

DRY CREEK RANCH
IN WITNESS WHEREOF,the parties have executed these Developer Covenants,Conditions and
Restrictions for the Dry Creek Ranch Planned Community as of the day and year first above written.
THE DECLARANT:
BHH Investors 1414,LLC,
an Idaho li ed liability company
B /'�4 ` C �
Name: es H.Hunter
Title: anager
Brookside Developers,Inc.,
an Idaho Cor oration
By: -
ti
Name: mes H.Hunter
Title: resident
STATE OF IDAHO )
County of Ada )
On this 1}h day of Stwk�! 1 , 2018, before me the undersigned, a Notary Public in
and for said State, personally appeared DAMES H. HUNTER, known or identified to me to the Manager
of BHH Investors 1414, LLC, and Idaho Limited Liability Company, the company that executed the
instrument and the person who executed the instrument on behalf of said company,and acknowledged to
me that such company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,the day and year in
this certification first above written.
NOTARY Notary Public for Idaho
Residing at Ada County,Idaho
�•. PUB �• Q�.� My Commission Expires:
•,, 9 TF OF ��••
MASTER DECLAiTION OF COVENANTS,CONDITIONS&RESTRICTIONS
FOR DRY CREEK RANCH PLANNED COMMUNITY-45 VERSION:September 7,2018
Att. 1.4-45

DRY CREEK RANCH
STATE OF IDAHO )
County of Ada )
On this �th day of 2018, before me the undersigned, a Notary Public in
and for said State,personally appeared AMES H. HUNTER,known or identified to me to the Persident
of Brookside Developers, Inc., and Idaho Corporation, the company that executed the instrument and the
person who executed the instrument on behalf of said company, and acknowledged to me that such
company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in
this certification first above written.
*# Notary
ic for Idaho
,,••••.Q�•SCHOF•Fl0°••,� Residing atlAda County,Idaho
0- p'CAR Y •:
dip Z My Commission Expires:
�S• PUBVI `O••:
MASTER DECLARATION OF COVENANTS,CONDITIONS&RESTRICTIONS
FOR DRY CREEK RANCH PLANNED COMMUNITY-46 VERSION:September 7,2018
Att. 1.4-46

DRY CREEK RANCH
EXHIBIT A
DRY CREEK RANCH PLANNED COMMUNITY LEGAL DESCRIPTION
This parcel is situated in the S %2 of the NE '/4 and the SE '/4 and that portion of the SW 'A lying
Southeasterly of Brookside Lane in Section 25; the N '/2, the SE '/4 and the NE '/4 of the SW '/4 of
Section 36; the E '/2 of Section 35 lying East of State Highway 55, and the E '/2 of the SW '/4 of
Section 35 lying Southeasterly of State Highway 55, Township 5 North, Range 1 East, Boise
Meridian; and Government Lot 4 of Section 1, Government Lots 1, 2, and 3 of Section 2,
Township 4 North, Range 1 East, Boise Meridian; and the "West 23 acres" of Government Lot 4
of Section 30, Township 5 North, Range 2 East, Boise Meridian, Ada County, Idaho, more
particularly described as follows:
A) BEGINNING at the corner common to Sections 25,26, 35 and 36,Township 4 North,
Range 1 East,Boise Meridian;
1) Thence North 00°06'52"East,25.46 feet to the apparent center of Brookside Lane;
2) Thence along the center of said lane South 88°10'32"East,414.96 feet;
3) Thence North 84°26'48"East, 277.62 feet;
4) Thence 321.30 feet along the arc of a curve to the left,having a radius of 260.00 feet,
a central angle of 70°48'16", and a long chord bearing North 49002'40"East 301.24
feet;
5) Thence North 13°38'31"East, 1286.35 feet;
6) Thence 81.83 feet along a curve to the right, having a radius of 70.00 feet, a central angle
of 66°58'46"and a long chord bearing North 47°07'38"East,77.25 feet;
7) Thence North 80°37'00"East, 181.40 feet;
8) Thence North 69010'10" East,415.26 feet;
9) Thence North 66°37'43"East, 384.36 feet;
10)Thence 60.97 feet along the arc of a curve to the left, having a radius of 100.00 feet, a
central angle of 34°56'01 " and a long chord bearing North 49009'42"East,60.03 feet;
11)Thence North 31'41'42" East 130.05 feet;
12)Thence 68.84 feet along the arc of a curve to the right, having a radius of 80.00 feet,
MASTER DECLARATION OF COVENANTS,CONDITIONS&RESTRICTIONS
FOR DRY CREEK RANCH PLANNED COMMUNITY-47 VERSION:September 7,2018
Att. 1.4-47

DRY CREED RANCH
a central angle of 49'18'14",and a long chord bearing North 56°20'49"East,66.74 feet;
13)Thence North 80°59'55"East, 314.34 feet to a point on the North-South midsection line
of said Section 25;
14)Thence leaving said center of Brookside Lane along said midsection line and the East
boundaries of Spring Creek Estates and Spring Creek Estates Subdivision No. 3, as same
are recorded in Book 26 of Plats at Page 1638, and Book 78 of Plats at Page 8270,
respectively,records of Ada County,Idaho,North 00°31'05"East, 740.09 feet to the
Northeast corner of said Spring Creek Estates;
15)Thence continuing along said Mid-section line North 00°46'19"East, 546.81 feet to the
Southeast corner of Lot 11,Block 3 of said Spring Creek Estates Subdivision to. 3;
16)Thence continuing and along the East line of said lot North 00033102"East 536.09 feet to
the Center North 1 /16 comer;
17)Thence along the North line of the South 1/2 of the Northeast'/4 of said Section 25,
common to the South line of said Spring Creek Estates Subdivision No. 3, South 89'
1947"East,417. 16 feet to the Southwest corner of Lot 4,Block 3 of Spring Creek
Estates No. 2, as same is recorded in Book 36 of Plats at Page 3070, records of Ada
County,Idaho;
18)Thence continuing and along the South line of said Spring Creek Estates No. 2 South
88°47'29"East,2244.49 feet to the Southeast corner of said Spring Creek Estates No. 2,
common to the Northeast corner of the South half of the NE 1/4 of said Section 25;
19)Thence South 00°24'44"West, 1334.19 feet to the quarter corner common to said
Sections 25 and 30;
20)Thence South 00°38'53"West, 1302.17 feet to the Northwest corner of Government Lot
4 of said Section 30;
21)Thence along the North line of said lot South 88°15'28"East, 782. 14 feet;
22)Thence South 00°38'53"West, 1302.59 feet to a point on the South line of said Lot 4;
23)Thence along said line North 88017'01"West,782.13 feet to the corner common to said
Section 25, 30, 3 I and 36;
24)Thence South 00°09'29"West, 2700.86 feet to the quarter corner common to said
Section 36 and 31;
25)Thence South 00°22'41"West,2612.62 feet to the Southeast corner of said Section 36;
MASTER DECLARATION OF COVENANTS,CONDITIONS&RESTRICTIONS
FOR DRY CREEK RANCH PLANNED COMMUNITY-48 VERSION:September 7,2018
Att. 1.4-48

DRY CREEK RANCH
26)Thence North 89°20'55"West,2632.43 feet to the quarter corner common to said
Sections 1 and 36;
27)Thence North 00°02'04"West, 1317.63 feet to the Center South 1/16 corner of said
Section 36;
28)Thence North 89°06'13"West, 1319.24 feet to the Southwest 1/16 corner of said Section
36;
29)Thence North 00°09'52"West, 1323.24 feet to the Center West 1/16 corner of said
Section 36;
30)Thence North 88°51'46"West, 1322.34 feet to the quarter corner common to said
Sections 35 and 36;
31)Thence South 00' 17'36"East,2657.71 feet to the corner common to said Sections 1,2,
35 and 36;
32)Thence South 89°20'44"East, 1316.16 feet to the Northeast corner of Government Lot 4
of said Section 1;
33)Thence South 00°01 '40"East, 1335.45 feet to the Northwest 1/16 corner of said Section
1;
34)Thence North 89°28'42"West, 1319.47 feet to the North 1/16 corner common to said
Sections 1 and 2;
35)Thence along the South line of Lots 1 and 2 of said Section 2,North 89°16'39"West,
2630.92 feet to a found 5/8"iron pin marking the Center North l/16 corner of said
Section 2;
36)Thence along the South line of Government Lot 3 North 88'12'56"West, 1335.70 feet to
a found 1/2"iron pin marking the Southeast corner of Mary Glen Subdivision No. 2, as
same is recorded in Book 30 of Plats at Page 1880,records of Ada County, Idaho, said
point accepted as the Southwest corner of said Government Lot 3;
37)Thence along the West line of said Lot 3 and the West line of the E 1/2 of the SW 1/4 of
said Section 35 as established by the East lines of said Mary Glen Subdivision No. 2 and
Mary Glen Subdivision No. I, as same is recorded in Book 29 of Plats at Page 1781,
records of Ada County, Idaho,North 00'14'11"West, 305.44 feet to a found 1/2"iron
pin;
38)Thence North 00°09'48"West, 652.45 feet to a found 1/2"iron pin;
MASTER DECLARATION OF COVENANTS,CONDITIONS&RESTRICTIONS
FOR DRY CREEK RANCH PLANNED COMMUNITY-49 VERSION:September 7,2018
Att. 1.4-49

DRY CREEK RANCH
39)Thence North 00°14'28"West,2467.41 feet to a point on the Southeasterly right-of-way
of State Highway 55, said point common to the most Northerly corner of Lot 1, Block 2
of said Mary Glen Subdivision No. 1;
40)Thence along said right-of-way North 54°28'08"East, 854.51 feet;
4 1)Thence 46.40 feet along the arc of a curve to the left,having a radius of 1697.02 feet,a
central angle of 01°33'59", and a long chord bearing North 53041 '08"East,46.40 feet to
a point on the East-West mid-section line of said Section 35;
42)Thence departing said right-of-way along said line South 89030'17"East, 592.76 feet to
the center of said Section 35;
43)Thence along the North-South mid-section line North 00°21'27"West,609.22 feet to a
point on the Southerly line of Dry Creek Road Right-of-Way described in Instrument No.
95055006;
44)Thence 90.01 feet along said right-of-way and along the arc of a non-tangent curve to the
left,having a radius of 380.00 feet,a central angle of 13°34'17", and a long chord
bearing South 80040'35"East, 89.80 feet;
45)Thence North 57'17'39"East,38.80 feet;
46)Thence 296.23 feet along the arc of a curve to the right, having a radius of 611.27 feet, a
central angle of 27°45'59",and a long chord bearing North 71010'42"East,293.34 feet;
47)Thence North 85003'42"East,55. 13 feet;
48)Thence North 04'56'17"West, 5.00 feet;
49)Thence 152.13 feet along the arc of a non-tangent curve to the left, having a radius of
930.00 feet, a central angle of 09°22'21 ", and a long chord bearing South 80022'33"
West, 151.96 feet;
50)Thence South 75°41'23"West, 122.86 feet;
51)Thence 187.79 feet along the arc of a curve to the right,having a radius of 320.00 feet,a
central angle of 33°37'27", and a long chord bearing North 87029'54"West, 185.11 feet
to a point on the Easterly right-of-way of State Highway 55 lying on the North-South
mid-section line of said Section 35;
52)Thence along said Easterly right-of-way North 00°21'27"West, 10.28 feet;
MASTER DECLARATION OF COVENANTS,CONDITIONS&RESTRICTIONS
FOR DRY CREEK RANCH PLANNED COMMUNITY-50 VERSION:September 7,2018
Att. 1.4-50

DRY CREEK RANCH
53)Thence 258.12 feet along the arc of a non-tangent curve to the left, having a radius of
858.60 feet, a central angle of 17' 13'29", and a long chord bearing North 09°10'33"
East,257.15 feet;
54)Thence North 00°33'58" East, 39.68 feet;
55)Thence 369.18 feet along the arc of a non-tangent curve to the left,having a radius of
1697.02 feet,a central angle of 12'27'52", and a long chord bearing North 06°47'55"
East, 368.45 feet;
56)Thence North 00°33'58"East, 1324.59 feet to a point on the North line of the NE 1/4 of
said Section 35, said point bears South 89019'03"East, 110.50 feet from the North 1/4
corner of said Section 35;
57)Thence along said North line South 89°19'05"East,2532.28 feet to the POINT OF
BEGINNING.
EXCEPTING THEREFROM the following described right-of-way parcel described in
Instrument No. 95055309,Ada County Records, more particularly described as follows:
B) COMMENCING at the Center of Section 35,Township 5 North,Range 1 East,
Boise Meridian,Ada County,Idaho;
1) Thence along the north-South mid-section line North 00'2127"West,478.89 feet
to a point on the Southerly right-of-way of Dry Creek Road;
2) Thence along said right-of-way North 5711 17'42"East, 175.22 feet;
3) Thence 75.20 feet along the arc of a curve to the right,having a radius of 561.27 feet,
a central angle of 07°40'34",and a long chord bearing North 61°07'58"East,75.14 feet
to the REAL POINT OF BEGINNING.
C) Thence continuing 196.82 feet along the arc of said 561.27 foot radius curve to the right,
having a central angle of 20°15'29", and a long chord bearing North 75'01'00"East,
195.81 feet;
1) Thence North 85°03'42"East, 55.12 feet;
2) Thence South 04°56'22"East,5.00 feet;
3) Thence 142.31 feet along the arc of a non-tangent curve to the left,having a radius of
870.00 feet, a central angle of 09°22'19", and a long chord bearing South 80°22'34"
West, 142.15 feet;
MASTER DECLARATION OF COVENANTS,CONDITIONS&RESTRICTIONS
FOR DRY CREEK RANCH PLANNED COMMUNITY-51 VERSION:September 7,2018
Att. 1.4-51

DRY CREEK RANCH
4) Thence South 75°41'13"West, 107.69 feet to the POINT OF BEGINNING.
CONTAINING 1414.67 acres,more or less.
MASTER DECLARATION OF COVENANTS,CONDITIONS&RESTRICTIONS
FOR DRY CREEK RANCH PLANNED COMMUNITY-52 VERSION:September 7,2018
Att. 1.4-52

Attachment 1.5
Dry Creek Ranch HOA
Amendment to Master CC&R's

ADA COUNTY RECORDER Trent Tripple 2024-062231
BOISE IDAHO Pgs=7 VICTORIA BAILEY 11/01/2024 12:50 PM
VENTURE TITLE&ESCROW COMPANY $28.00
WHEN RECORDED RETURN TO
Collins Law PLLC
6126 W. State Street
Boise. III 83706
AMENDMENT TO MASTER DECLARATION OF COVENANTS,
CONDITIONS & RESTRICTIONS FOR
DRY CREEK RANCH PLANNED COMMUNITY
"Phis Amendment to the Master Declaration of Covenants. Conditions & Restrictions for
Dry Creek Ranch Planned C0nlnlunity is made effective as of the date recorded. by B1-11I
Investors 1=41=4. LLC and Brookside Developers. inc. (collectively. the "Declarant"), who are the
developers of the Dr} Creek Ranch Subdivision and Class B Member of the Dry, Creek Ranch
i lomeowners Association. inc. (the "Association ').
ARTICLE I - RECITALS
1.1 Supplement and Amendment to Declaration. This Amendment is a
SLlpplement and amendment t0 that certain Master Declaration of Covenants. Conditions &
Restrictions for Dry Creek Ranch Subdivision. recorded as Instrument No. 2018-0861 12 in the
records of Ada CoLlntV. Idaho on September 11. 2018. as the same has been previouSIN' amended
and SLpplemented. All other terms of the Declaration. as amended and Supplemented, not
expressly amended hereby remain in full force and effect.
1.2 Authority To Amend. Article XVi1. Section 17.4 of the Declaration. entitled
-Alllendment, provides for amendment of the Declaration prior to the Class B Member
Termination Date. by the Declarant. as the same is defined in the Declaration. The Class B
Membership has not yet been terminated and IS held by Declarant. Accordingly. the Declarant
has the Sole and unilateral aLlthorlt% to amend the terms of the Declaration. as Indicated herein.
Any SLICK amendment IS effective L1p011 its recordation with the Ada COLIIltV Recorder.
1.3 Definitions. Except as othemise defined or modified herein. all terms appearing_
herein Initially Capitalized Shall have the Sallie meaninoo s as are ascribed to SLICii terms in the
Declaration. as amended and SLpplemented.
1.4 Effect. The Declarant now desires to amend the Declaration as indicated herein.
and hereby declares that each l.ot. parcel. or portion thereof'of the Dr} Creek Ranch Subdivision
is and shall be held. Sold. conveyed. encumbered. hypothecated. leased. used. occupied, and
improved subject to the following_ terms. covenants. conditions. casements. and restrictions. all
Dry Creek Ranch Subdivision
AMENDMENT TO DECLARATION
i
Att. 1.5-1

of vvhich are declared and agreed to be in furtherance of a general plan for the protection,
maintenance, subdivision, improvement, and sale of the Lots within Dry Creel: Ranch
SUbdivlslon and the Common Areas therein. These amendments shall run vvith the land and shall
be binding upon all persons having or acquiring any right, title, or interest in the Dry Creek
Ranch Subdivision, or any Lot, parcel, or portion thereof.
ARTICLE II - AMENDMENTS
The Declaration is herebv amended as follows. All references are to the Declaration, as
previously amended and supplemented:
2.1 Article IL Section 2.46, entitled "Water Assessments," is hereby amended and
replaced in its entirety with the follo,.ving language:
2.46 "Water Assessments" shall refer to the charges by the Water Company to
an Owner associated with connection to and use of the Water System, as further described in
Article VI hereof. Water Assessments shall be enforceable and collectable by the Water
Company.
2.2 Article V1, entitled "Domestic Water System"' is hereby amended and replaced in
its entirety with the follo,,vim, language:
ARTICLE V1
DOMESTIC WATER SYSTEM
6.1 Water System. Each Building Lot within any phase of the Dry Creek
Ranch Subdivision shall be connected to the Water System, subject to the provisions of
this Declaration. The Water System shall be owned, operated, maintained, and controlled
by the Dry Creek Water Company, LLC (the "Water Company Any Improvements
located upon the Common Areas which require water services shall likewise be
connected to the Water System. Lot Owners and the Association (unless otherwise
obtained as herein provided) shall have no right, title, and/or interest in any water rights,
including groundwater rights, ditch rights, and/or storage rights appurtenant to the
Property, all of which are hereby reserved by Declarant or provided to the Water
Company. Each Lot Owner, by purchasing a Lot in the Subdivision, acknowledges that it
does not have any right,. title. or interest in any such rights.
6.2 No Separate Water Supply. No individual domestic vvater supply
systems are allowed on any Building Lot or the Common Area. All Owners shall connect
Dry Creek Ranch Subdivision
AMENDMENT TO DECLARATION
2
Att. 1.5-2

all Building Lots to the Water System and are subject to all connection requirements of
the Water Company.
6.3 Connection Fees. All Owners must pay a connection tee to the Water
Company upon the initial connection of a Building Lot to the Water System (the
"Connection Fee''). in an amount to be determined by the Water Company, which may be
modified from time to time by the Water Company.
6.4 Water Assessments. The Water Company shall provide water service to
the Ovvners according to the terms of its Tariff on file and approved by the Idaho Public
Utilities Commission (PUC). In the event of any conflict betvveen this Declaration and
the Water Company's Tariff. the Tariff shall govern. . The Water Company reserves the
right to set additional rules for consumption of water delivered by the Water System.
including, but not limited to, the authority to establish guidelines or staggered schedules
for landscape watering.
6.5 Failure to Pay Assessments. Any unpaid Water Assessments shall be
paid by the O,vvners when due, and if unpaid. shall be subject to interest and late fees in
an amount and frequency established by the Water Company in its approved Tariff. The
Water Company may terminate water delivery to any Building Lot for failure by its
Owner to pay a Water Assessment. In such event. an Owner will be charged a
reconnection fee in an amount established by the Water Company before water delivery
to the BUllding Lot will be resumed. Water delivery may be terminated upon seven (7)
days" advance written notice to the Lot Owner from the Water Company.
6.6 Water Metering. The quantity of water delivered through the Water
System to each Building Lot shall be measured by meters. Owners may not remove,
relocate. damage, repair. replace, or otherwise alter or tamper with any meter. The Water
Company shall use the date from the meters to prepare the Monthly Water Assessments.
Any Owner who caused damage to the meter shall be responsible for all costs of repair or
replacement of the same. which can be collected by the Water Company Each Owner is
responsible For the repair and maintenance of the supply line dovvnstream of the meter
that measure the amount of water delivered to the Owners' property. Said lines shall be
kept in good condition and repair at all times, and shall be repaired or replaced
immediately as necessary to avoid waste of water or interference vvith the efficiency of
the Water System.
6.7 Backflow Systems and Assemblies. Each Building Lot shall be equipped
with approved backflow prevention systems and assemblies. All backflow prevention
assemblies installed on any Building Lot must be listed in the most recent edition of the
University of California Foundation for Cross-Connection Control and Hydraulic
Research, or a similar authority as chosen by the Water Company. The backflow
Dry Creek Ranch Subdivision
AMENDMENT TO DECLARATION
3
Att. 1.5-3

prevention system and assembly must be buried and installed on the service line after the
water meter and prior to adding connections to the service line. It shall be the
responsibility of each Building Lot Owner, at such Building Lot Owner's sole cost and
expense, to promptly replace any backflow prevention system and assembly existing on
any Building Lot that is no longer listed on the foregoing list of approved backflow
Prevention systems and assemblies. Each Building Lot Owner, at such Building Lot
Owner's sole cost and expense, shall ensure the correct operation of the backflo"v
prevention system and assembly on such Building Lot and shall test the functioning of
the backflow prevention system and assembly at least annually and report the result of
such testing to the Water Company. Testing must be performed by a backflovv assembly
tester licensed by the State of Idaho. in the event such obligations are not met by the
Ovvner, the Association or the Water Company shall have the right to do so, with the
costs beinu assessed to the Owner and the Owner's Lot as a Limited Assessment.
6.8 Maintenance of Water System. The Water Company shall maintain the
service side of the Water System up to and including service connection and meter. The
Lot Owners are responsible to maintain the condition of plumbing, piping and equipment
on the Lot Owner's side of the meter.
6.9 Easement for Maintenance. Each Buildinu Lot and the Common Area is
encumbered with a permanent easement in favor of the Declarant, the Water Company,
the Association, their successors or assigns, and their authorized representatives to <(To
upon the Building Lots and/or Common Area to locate, operate, expand, and perform
maintenance. repair, and replacement to the Water System and any of its facilities or
components.
6.10 Access to Water System Facilities. Access to, as well as the operation
and control of, the Water System shall be restricted to the Water Company and its
authorized representatives and contractors. Such Water System facilities are excluded
from any Common Area access rights which may be held by a Building Lot Owner.
6.11 Pressurized Irrigation. The Declarant may, at its option and in its sole
discretion. provide a pressurized. non-potable Irrigation System in any Phase of the
Property. In the event the Declarant determines to provide a pressurized, non-potable
Irrigation System in any Phase of the Property, such Irrigation System shall be operated,
maintained, and paid for as described in a Supplemental Declaration for such Phase.
6.12 Ada County Highway District ("ACHD") Requirements. The
following provisions shall not be modified without the express written consent of ACI1D:
(i) The Water Company shall become a member of Dlgline and shall be responsible for
marking the location of underground water lines operated by Water Company, (ii) Any
future relocation of underground water lines operated by Water Company that lie within
Dry Creek Ranch Subdivision
AMENDMENT TO DECLARATION
4
Att. 1.5-4

public right-of-way deemed necessary by ACHD shall be moved at the sole expense of
the Water Company or its successors and assigns; and (iii) Any otherfuture relocation of
underground 'tivater lines operated by Water Company that lie kvithin public right-of-,tivay
shall be at the sole expense of Water Company or its successors and assigns.
6.13 Transfer of Water System. The Water Company may. in its sole
discretion.elect to convey the Water System to either the Association or a third party.
The Association does not have any right to acquire the Water System except as
provided below in the event the Water Company, in its sole discretion, chooses to
sell the Water System to the Association.
6.13.1 Conveyance to Association. The Water Company may. exercise
the option and in its sole discretion, to sell the Water System to the Association if
certain minimum conditions are met as follo,,N-s: (1) the Association, in the sole
discretion of the Water Company. qualities for commercially standard financing
for the acquisition of the Water System or demonstrates it has adequate cash
reserves set aside for the acquisition of the Water System; (2) the offered price for
acquisition of the Water System is an amount that is no more than two-hundred
percent (200%) of the total capital investment the Water Company has made in
the Water System; and (3)after financing and acquisition costs are taken into
consideration. the Water Assessment will go up no more than twenty-five percent
(25%) (i.e.. a Water Assessment of$50.00 will not be increased to an amount
oreater than $62.50). In the event the foregoing conditions are not satisfied. the
Association may, but is not obligated to accept any offer of sale of the Water
System by the Water Company on mutually acceptable terms. If the conditions
are satisfied, the Association shall purchase the Water System within ninety (90)
daysof the Water Company exercising the option to sell to the Association. unless
a longer period is necessary to secure financing. if the Water Company transfers
o,tivnership of the Water System to the Association.
6.13.2 Conveyance to a Third Party. The Water Company may sell the
Water System to a third party other than the Association. provided that the ne,,v
o,,ti-ner commits to own. operate. and maintain the Water System in a manner that
shall provide service from the Water System to O,.vners on a continuing basis that
meets all applicable governmental lakvs. ordinances. and regulations and with the
level of service equal to that provided by the Water Company. Water Company
shall notify the Association in writing in advance of the transfer of ovvnership.
6.14 Grant of Easement and Imposition of Covenant. The Association and
each Lot Owner, by purchasing a Lot in the Dry Creek Ranch Subdivision. hereby grants
to the Dry Creek Water Company LLC. and its successors or assigns. a perpetual non-
exclusive easement for the purpose of allo,.ving intrusions associated with Water
Dry Creek Ranch Subdivision
AMENDMENT TO DECLARATION
5
Att. 1.5-5

Pumping and Delivery (defined below) on the Water Company Property, including
without limitation odors. noise, dust, and light, onto the Owner Property (the "Water
Pumping Easement"). Owner further covenants and agrees that it will not contest or
challenge any Water Pumping and Delivery Uses on the Company Property as being a
nuisance. including without limitation due to noise. odor. dust or light intrusion
associated with Water Pumping and Delivery Uses (the "Water Pumping and Delivery
Covenant"). The Water Pumping and Delivery Covenant and the Water Pumping and
Delivery Easement shall run with and attach to each Lot within the Dry Creek Ranch
Subdivision. The Water Pumping and Delivery Easement and Water Pumping and
Delivery Covenant are for the benefit of and may be enforced by the Water Company. the
Association, or any owner of the Water Company Property.
"Water Pumping and Delivery" means all operations at the Water Company water
wells, and all associated activities, located on the Water Company Property.
2.3 Article V11. Section 7.1, entitled "Seaver System," is hereby amended and
replaced in its entirety with the following land('ua�(,e:
7.1 Sewer System. Each Building Lot shall have access to the Sewer System.
subject to the provisions of this Declaration. The Sewer System shall be owned, maintained,
and operated by the Dry Creek Sever Company, LLC (the "Sewer Company"). Any
Improvements located upon the Common Areas which require sewer services shall likewise
be connected to the Sewer System.
No other amendments are intended or implied by this Amendment and the original
MASTL R DECLARATION OF COVENANTS. CONDITIONS & RESTRICTIONS FOR
DRY CREEK RANCH SUBDIVISION and any subsequent Amendments thereto not
inconsistent with this amendment shall remain in full force and effect.
Dr,, Creek Ranch Subdivision
AMENDMENT TO DECLARATION
6
Att. 1.5-6

IN WITNESS WHEREOF, the undersigned Declarant has executed this Amendment to
the Master Declaration of Covenants. Conditions & Restrictions fir Dry Creek Ranch
Subdivision on this I'Vday of_ 2024.
BHH Investors 1414, LLC Brookside Developers, Inc.
an Idaho limited liability company an Idaho Cor oration
By: B : 1
. A y
NamJJ -neS I-I. Hunter Name: .1 Zes H. Hunter
Its: ger Its: I
anager
STATE OF IDA110 )
ss.
County of Ada )
On this_ thdav of 2024. before me, the undersigned. a Notary Public
in and for said State, personally appeared_Jj1wkS ", qu"4k- and
_'Jumt.S H- kno«n or identified to me to be the persons who executed the
instrument on behalf of said Association. and acknowled(yed to me that such Association executed the
same.
IN WITNESS WHEREOF, 1 have hereunto set my han a affixed my official seal the day and
year in this certificate first above written.
Notary Public for Idaho
Residin�,o at 4AV (0,4, )
KARA SCHO;IEL
My commission expires: 9 Z,-� -7
COMMISSION 0616
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 09/02/2027
Dr% Creek Ranch Subdivision
AMENDMENT TO DECLARATION
7
Att. 1.5-7

Attachment 1.6
Dry Creek Ranch HOA
Bylaws

BYLAWS
OF
DRY CREEK RANCH HOMEOWNERS' ASSOCIATION, INC.
Att. 1.6-1

TABLE OF CONTENTS
ARTICLE I GENERAL PLAN OF OWNERSHIP........................................................................ 3
Section1.1 Name........................................................................................................................ 3
Section 1.2 Bylaws Applicability ............................................................................................... 3
Section 1.3 Personal Application................................................................................................ 3
ARTICLE II VOTING, QUORUM, PROXIES ............................................................................. 3
Section2.1 Voting ...................................................................................................................... 3
Section2.2 Quorum.................................................................................................................... 3
Section2.3 Proxies ..................................................................................................................... 3
ARTICLE III ADMINISTRATION............................................................................................... 4
Section3.1 Responsibilities........................................................................................................ 4
Section3.2 Place of Meetings..................................................................................................... 4
Section 3.3 Annual Meetings...................................................................................................... 4
Section 3.4 Special Meetings...................................................................................................... 4
Section 3.5 Notice of Meetings................................................................................................... 4
Section3.6 Adjourned Meetings ................................................................................................ 5
Section 3.7 Order of Business..................................................................................................... 5
Section 3.8 Action Without Meeting.......................................................................................... 5
Section3.9 Consent of Absentees............................................................................................... 5
Section 3.10 Minutes, Presumption of Notice............................................................................ 5
ARTICLE IV BOARD OF DIRECTORS...................................................................................... 5
Section 4.1 Number and Qualification ....................................................................................... 5
Section 4.2 Powers and Duties ................................................................................................... 6
Section 4.3 Special Powers and Duties....................................................................................... 6
Section 4.4 Management Agent.................................................................................................. 8
Section 4.5 Nomination, Election and Term of Office............................................................... 8
Section 4.6 Books, Financial Statements and Audit................................................................... 9
Section4.7 Vacancies................................................................................................................. 9
Section 4.8 Removal of Directors............................................................................................... 9
Section 4.9 Organization Meeting.............................................................................................. 9
Section 4.10 Other Regular Meetings......................................................................................... 9
Section4.11 Special Meetings.................................................................................................... 9
Section 4.12 Waiver of Notice.................................................................................................. 10
Section 4.13 Quorum and Adjournment................................................................................... 10
Section 4.14 Action Without Meeting...................................................................................... 10
Section4.15 Fidelity Bonds...................................................................................................... 10
Section4.16 Committees.......................................................................................................... 10
ARTICLEV OFFICERS.............................................................................................................. 11
Section5.1 Designation............................................................................................................ 11
Section 5.2 Election of Officers................................................................................................ 11
Section 5.3 Removal of Officers............................................................................................... 11
Section5.4 Compensation ........................................................................................................ 11
Section 5.5 Special Appointment.............................................................................................. 11
1
Att. 1.6-2

Section5.6 President................................................................................................................. 11
Section 5.7 Vice President........................................................................................................ 12
Section5.8 Secretary ................................................................................................................ 12
Section5.9 Treasurer................................................................................................................ 12
ARTICLE VI OBLIGATIONS OF OWNERS............................................................................. 12
Section 6.1 Assessments........................................................................................................... 12
Section 6.2 Maintenance and Repair ........................................................................................ 13
ARTICLE VII AMENDMENTS TO BYLAWS.......................................................................... 13
ARTICLE VIII MEANING OF TERMS ..................................................................................... 13
ARTICLE IX CONFLICTING PROVISIONS ............................................................................ 14
ARTICLE X INDEMNIFICATION AND INSURANCE........................................................... 14
Section 10.1 Certain Definitions............................................................................................... 14
Section 10.2 Indemnification.................................................................................................... 14
Section 10.3 Liability Insurance............................................................................................... 14
ARTICLE XI MISCELLANEOUS.............................................................................................. 15
Section 11.1 Checks, Drafts and Documents............................................................................ 15
Section 11.2 Execution of Documents...................................................................................... 15
Section 11.3 Inspection of Bylaws, Books and Records .......................................................... 15
Section11.4 Fiscal Year........................................................................................................... 15
Section 11.5 Membership Book................................................................................................ 15
ii
Att. 1.6-3

BYLAWS
OF
DRY CREEK RANCH HOMEOWNERS' ASSOCIATION, INC.
ARTICLE I
GENERAL PLAN OF OWNERSHIP
Section 1.1 Name. The name of the corporation is Dry Creek Ranch Homeowners"
Association, Inc. (the "Corporation"). The principal office of the Corporation shall be located at
923 Bridgeway Place, Eagle, Idaho 83616.
Section 1.2 Bylaws Applicability. The provisions of these Bylaws are applicable to Dry
Creek Ranch Planned Community (hereinafter called the "Property"), a subdivision located in the
County of Ada, State of Idaho, generally provided for in the Master Declaration of Covenants,
Conditions & Restrictions for Dry Creek Ranch Planned Community, and the amendments and
supplements thereto, recorded or to be recorded in the office of the County Recorder, Ada County,
Idaho (the "Declaration").
Section 1.3 Personal Application. All present and future Owners and their tenants, future
tenants, employees, and any other person that might use the facilities owned and/or managed by
the Corporation in any manner, are subject to the regulations set forth in these Bylaws, and in the
Declaration. The mere acquisition or rental of any of the Building Lots of the Property or the
mere act of occupancy of any of the Building Lots will signify that these Bylaws are accepted,
ratified, and will be complied with and observed.
ARTICLE II
VOTING, QUORUM, PROXIES
Section 2.1 Voting. Except for the Class B Member as provided for in the Articles of
Incorporation and the Declaration, and except as may be otherwise provided in the Declaration,
each Member shall be entitled to one (1) vote for each Building Lot owned by such Member, but
only after the Class B Member Termination Date.
Section 2.2 Quorum. Except as otherwise provided in these Bylaws, the Articles of
Incorporation or the Declaration, the presence in person or by proxy of the Class B Member where
there is such a Member, or, after the Class B Member Termination Date, the presence in person or
by proxy of the Class A Members holding at least twenty percent (20%) of the total votes of all
Class A Members, shall constitute a quorum of the Membership. The Members present at a duly
called meeting at which a quorum is present may continue to do business until adjournment,
notwithstanding the withdrawal of enough Members to leave less than a quorum.
Section 2.3 Proxies. Votes may be cast in person or by proxy. Proxies must be in writing
and filed with the Secretary at least twenty-four (24) hours before the appointed time of each
meeting. Every proxy shall be revocable at the pleasure of the Member who executed the proxy
and shall automatically cease after completion of the meeting of which the proxy was filed, if filed
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for a particular meeting. In no event shall a proxy be valid after eleven (11) months from the date
of its execution.
ARTICLE III
ADMINISTRATION
Section 3.1 Responsibilities. The Corporation shall have the responsibility of
administering the Common Area owned and/or managed by the Corporation, if any, approving the
annual budget, establishing, and collecting all assessments, if any, and may arrange for the
management of the same pursuant to an agreement containing provisions relating to the duties,
obligations, removal, and compensation of the Manager, as defined below. Prior to the Class B
Membership Termination Date, the Board of Directors of the Association shall be chosen and
appointed by both Class A and Class B Member(s).
Section 3.2 Place of Meetings. Meetings of the Corporation shall be held on the Property
or such other suitable place as close to the Property as practicable in Ada County as may be
designated by the Board of Directors.
Section 3.3 Annual Meetings. The first annual meeting of the Members shall be held
within one (1) year from the date of incorporation of the Corporation, and each subsequent regular
annual meeting of the Members shall be held during the same month of each year thereafter at the
Board's discretion. At each annual meeting following the Class B Membership Termination Date,
there shall be elected, by secret ballot of the Members, a Board of Directors in accordance with
the requirements of these Bylaws. At the first annual meeting following the Class B Membership
Termination Date, the Directors shall be elected to serve until the second annual meeting, and at
the second annual meeting. Annually thereafter, Directors shall be elected for a term of one (1)
year beginning with such annual meeting. In the event that an annual meeting is not held, or the
Directors are not elected at such annual meeting, the Directors may be elected at any special
meeting held for that purpose. Each Director shall hold office until a successor has been elected
or until death, resignation, removal, or judicial adjudication of mental incompetence. The
Members may also transact such other business of the Corporation as may properly come before
them at any such annual meeting.
Section 3.4 Special Meetings. It shall be the duty of the President to call a special
meeting of the Corporation as directed by resolution of the Board of Directors, or upon a petition
signed by Members who are entitled to vote one-fourth (1/4) of all the votes of the Class A
Membership. Notice of all regular and special meetings shall be given as provided in Section 3.5
of these Bylaws and shall state the nature of the business to be undertaken.
Section 3.5 Notice of Meetings. It shall be the duty of the Secretary to send a notice of
each annual or special meeting of the Corporation, stating the purpose thereof as well as the day,
hour and place where such meeting is to be held, to each Member of record, and any person in
possession of a Building Lot, at least ten (10) but not more than thirty (30) days prior to such
meeting. The notice may set forth time limits for speakers and nominating procedures for the
meeting. The mailing of a notice, postage prepaid, in the manner provided in this Section 3.5,
shall be considered notice served, after said notice has been deposited in a regular depository of
the United States mail. The notice may also be delivered electronically to a Members email
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address of record and shall be considered notice served to a Member. If no address has been
furnished, the Secretary, notice shall be deemed to have been given to a Member if posted in a
conspicuous place on the Property.
Section 3.6 Adjourned Meetings. If any meeting of the Corporation cannot be organized
because a quorum has not attended, the Members who are present, either in person or by proxy,
may adjourn the meeting to a time not less than ten (10) days nor more than thirty (30) days from
the time the original meeting was called, at which meeting the quorum requirement shall be the
presence in person or by proxy of any Member. Such adjourned meetings may be held without
notice thereof as provided in this Article III, except that notices shall be given by announcement at
the meeting at which such adjournment is taken. If a meeting is adjourned for more than thirty
(30) days, notice of the adjourned meeting shall be given as in the case of an original meeting.
Section 3.7 Order of Business. The order of business at all annual meetings shall be as
follows: (a) roll call to determine the voting power represented at the meeting; (b)proof of notice
of meeting or waiver of notice; (c)reading of minutes of preceding meeting; (d) reports of
officers; (e) reports of committees; (f) election of Directors; (g) unfinished business; and (h) new
business. Meetings shall be conducted by the officers of the Corporation in order of their priority.
Section 3.8 Action Without Meeting. Any action, which under the provisions of the
Idaho Nonprofit Corporation Act may be taken only at a meeting of the Corporation, may be taken
without a meeting if authorized in writing signed by all of the Members who would be entitled to
vote at a meeting for such purpose, and filed with the Secretary. Any action so approved shall
have the same effect as though taken at a meeting of the Directors.
Section 3.9 Consent of Absentees. The transactions of any meeting of the Corporation,
either annual or special, however called and noticed, shall be as valid as though transacted at a
meeting duly held after regular call and notice, if a quorum be present either in person or by
proxy, and if either before or after the meeting each of the Members not present in person or by
proxy signed a written waiver of notice, or a consent to the holding of such meeting, or an
approval of the minutes thereof. All such waivers, consents or approvals shall be filed with the
corporate records or made part of the minutes of the meeting.
Section 3.10 Minutes, Presumption of Notice. Minutes or a similar record of the
proceedings of meetings, when signed by the President or Secretary, shall be presumed truthfully
to evidence the matters set forth therein. A recitation in the minutes of any meeting that notice of
the meeting was properly given shall be prima facie evidence that such notice was given.
ARTICLE IV
BOARD OF DIRECTORS
Section 4.1 Number and Qualification. The Property, business and affairs of the
Corporation shall be governed and managed by a Board of Directors composed of at least three (3)
persons, who need not be Members of the Corporation. Directors shall not receive any salary or
other compensation for their services as Directors; provided, however, that nothing herein
contained shall be construed to preclude any Director from serving the Corporation in some other
capacity and receiving compensation therefore.
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Section 4.2 Powers and Duties. The Board of Directors has the powers and duties
necessary for the administration of the affairs of the Corporation, as more fully set forth in the
Declaration, and may do all such acts and things as are not by law or by these Bylaws directed to
be exercised and done exclusively by the Owners; provided, however, that during the year prior to
the first annual meeting of the Corporation following the Class B Membership Termination Date,
the Board of Directors shall not enter into any management service contract for a term in excess of
one (1) year, unless such contract contains reasonable provisions for cancellation (such as upon
sixty (60) days' written notice by the Corporation following one (1) year from the date of
commencement of such contract).
Section 4.3 Special Powers and Duties. Without prejudice to such foregoing general
powers and duties, and such powers and duties as set forth in the Declaration, the Board of
Directors is vested with, and responsible for, the following powers and duties:
(a) To select, appoint and remove all officers, agents, and employees of the
Corporation, to prescribe such powers and duties for them as may be consistent
with law, with the Articles of Incorporation, the Declaration, and these Bylaws; to
fix their compensation and to require from them security for faithful service when
deemed advisable by the Board of Directors;
(b) To conduct, manage and control the affairs and business of the Corporation,
and to make and enforce such rules and regulations therefore consistent with law,
with the Articles of Incorporation, the Declaration, and these Bylaws, as the Board
of Directors may deem necessary or advisable;
(c) To change the principal office for the transaction of the business of the
Corporation from one location to another within the County of Ada, State of Idaho,
as provided in Article I hereof; to designate any place within said County for the
holding of any annual or special meeting or meetings of the Corporation consistent
with the provisions of Section 3.2 hereof,
(d) To borrow money and to incur indebtedness for the purposes of the
Corporation, and to cause to be executed and delivered therefore, in the
Corporation's name,promissory notes, bonds, debentures, deeds of trust,
mortgages, pledges, hypothecations or other evidence of debt and securities
therefore; subject, however, to the limitations set forth in the Articles of
Incorporation and the Declaration;
(e) To fix and levy from time to time Regular Assessments, Special
Assessments, and Limited Assessments upon the Owners, as provided in the
Declaration; to determine and fix the due date for the payment of such
Assessments, and the date upon which the same shall become delinquent; provided,
however, that such Assessments shall be fixed and levied only to provide for the
payment of the expenses of the Corporation, and of the taxes and assessments upon
real or personal property owned, leased, controlled or occupied by the Corporation,
or for the payment of expenses for labor rendered or materials or supplies used and
consumed, or equipment and appliances furnished for the maintenance,
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improvement or development of such property or for the payment of any and all
obligations in relation thereto, or in performing or causing to be performed any of
the purposes of the Corporation for the general benefit and welfare of the Owners,
in accordance with the provisions of the Declaration. The Board of Directors is
hereby authorized to incur any and all such indebtedness for any of the foregoing
purposes and to provide, or cause to be provided adequate reserves for
replacements as the Board of Directors shall deem to be necessary or advisable in
the interest of the Corporation or welfare of the Owners. The funds collected by
the Board of Directors from the Owners, attributable for replacement reserves, for
maintenance recurring less frequently than annually, and for capital improvements,
shall at all times be held in trust for the Owners and shall not be commingled with
other Assessments collected from the Owners. Such Regular Assessments, Special
Assessments and Limited Assessments shall be fixed in accordance with the
provisions of the Declaration. Should any Owner fail to pay such Assessments
before delinquency, the Board of Directors in its discretion, is authorized to enforce
the payment of such delinquent Assessments as provided in the Declaration;
(f) To enforce the provisions of the Declaration covering the Property, these
Bylaws or other agreements of the Corporation;
(g) To contract for and pay for, casualty, blanket, liability, malicious mischief,
vandalism and other insurance, insuring the Owners, the Corporation, the Board of
Directors and other interested parties, in accordance with the provisions of the
Declaration, covering and protecting against such damages or injuries as the Board
deems advisable, which may include without limitation, medical expenses of
persons injured on the Property, and to bond the agents and employees of any
management body, if deemed advisable by the Board of Directors;
(h) To operate, maintain and otherwise manage or provide for the operation,
maintenance and management of the Common Area, if any, and to contract for and
pay maintenance, gardening, landscape irrigation, utilities, materials and supplies,
and services relating to the Common Area, if any, and to employ personnel
necessary for the operation of the Common Area if any, including legal and
accounting services, and to contract for and pay for improvements and any
recreational facilities on the Common Area, if any. In case of damage by fire or
other casualty to the property owned and/or managed by the Corporation, if
insurance proceeds exceed Twenty-Five Thousand and No/100 Dollars
($25,000.00), or the cost of repairing or rebuilding exceeds available insurance
proceeds by more than Two Thousand and No/100 Dollars ($2,000.00), then the
Board of Directors shall obtain firm bids from two or more responsible contractors
to rebuild any portion of the said property in accordance with the original plans and
specifications with respect thereto, and shall, as soon as possible thereafter, call a
special meeting of the Corporation to consider such bids. At such special meeting,
the Members may by three-fourths (3/4) of the voting power cast, elect to reject
such bids and thus not to rebuild. Failure to thus reject such bids shall be deemed
acceptance of such bid as may be selected by the Manager;
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(i) To grant easements where necessary for utilities and sewer facilities over
the Common Area to serve the Property;
0) To fix, determine and name from time to time, if necessary or advisable, the
public agency, fiend, foundation or corporation which is then or there organized or
operated for charitable purposes, to which the assets of this Corporation may be
distributed upon liquidation or dissolution according to the Articles of
Incorporation of the Corporation unless such assets shall be distributed to Owners
of Building Lots as more particularly provided in the Articles of Incorporation.
The assets so distributed shall be those remaining after satisfaction of all just debts
and obligations of the Corporation, and after distribution of all property held or
acquired by the Corporation under the terms of a specific trust or trusts;
(k) To adopt, amend, and repeal by majority vote of the Board of Directors,
rules and regulations as to the Corporation deemed reasonable and necessary; and
(1) To pay all real and personal property taxes and assessments levied against
the Common Area owned or managed by the Corporation.
Section 4.4 Management Agent. The Board of Directors may contract or employ for the
Corporation a management agent ("Manager") at a compensation established by the Board of
Directors to perform such duties and services as the Board of Directors shall authorize, including,
but not limited to the duties listed in Section 4.3 hereof.
Section 4.5 Nomination, Election and Term of Office. After the Class B Membership
Termination Date, nomination for election to the Board of Directors may be made by a
nomination committee. Nominations may also be made from the floor at the annual meeting. If a
nomination committee is formed,the nomination committee shall consist of a chairperson, who
shall be a member of the Board of Directors, and two (2) or more Members of the Corporation. If
a nomination committee is formed, the nominating committee shall be appointed by the Board of
Directors prior to each annual meeting of the Members,to serve from the close of such annual
meeting until the close of the next annual meeting, and such appointment shall be announced at
each annual meeting. If a nomination committee is formed, the nomination committee shall make
as many nominations for election to the Board of Directors as it shall in its discretion determine,
but not less than the number of vacancies that are to be filled. Such nominations may be made
from among Members or non-members.
At the first annual meeting of the Corporation following the Class B Membership
Termination Date, and thereafter at each annual meeting of the Corporation, new Directors shall
be elected by secret written ballot by a majority of the members who are present at such meeting
as provided in these Bylaws. Cumulative voting is not permitted. The term of the Directors shall
be for one (1) year. In the event that an annual meeting is not held, or the Directors are not
elected thereat, the Directors may be elected at any special meeting held for that purpose. Each
Director shall hold office until a successor has been elected or until death, resignation, removal
or judicial adjudication of mental incompetence. Any person serving as a Director may be re-
elected, and there shall be no limitation on the number of terms which a Director may serve.
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Section 4.6 Books. Financial Statements and Audit. The Board of Directors shall cause
to be maintained a full set of books and records showing the financial condition of the affairs of
the Corporation in a manner consistent with generally accepted accounting principles. The
Corporation will provide an audited statement for the preceding fiscal year if requested in writing
by the holder, insurer or guarantor of any first mortgage that is secured by a Building Lot. A copy
of each audit shall be delivered to each Member within thirty (30) days after the completion of
such audit. An annual operating statement reflecting income and expenditures of the Corporation
shall be distributed to each Member within sixty (60) days after the end of each fiscal year, and to
first mortgagees who have in writing requested notice of Corporation proceedings.
Section 4.7 Vacancies. Vacancies in the Board of Directors caused by any reason other
than the removal of a Director by a vote of the Members shall be filled by vote of the majority of
the remaining Directors, even though they may constitute less than a quorum, and each person so
elected shall be a Director until a successor is elected at the next annual meeting, or at a special
meeting called for that purpose. A vacancy or vacancies shall be deemed to exist in case of death,
resignation, removal or judicial adjudication of mental incompetence of any Director, or in case
the Members fail to elect the full number of authorized Directors at any meeting at which such
election is to take place.
Section 4.8 Removal of Directors. Following the Class B Membership Termination Date,
at any regular or special meeting of the Corporation duly called, any one or more of the Directors
may be removed with or without cause by the vote of a majority of the members present in person
or via proxy, and a successor may then and there be elected to fill the vacancy thus created. Any
Director whose removal has been proposed by the Members shall be given an opportunity to be
heard at the meeting. If any or all of the Directors are so removed, new Directors may be elected
at the same meeting.
Section 4.9 Organization Meeting. The first regular meeting of a newly elected Board of
Directors shall be held within ten (10) days of the election of the Board of Directors, at such place
as shall be fixed and announced by the Directors at the meeting at which such Directors were
elected, for the purpose of organization, election of officers, and the transaction of other business.
No notice shall be necessary to the newly elected Directors to legally constitute such meeting,
provided a majority of the whole Board of Directors shall be present.
Section 4.10 Other Regular Meetings. Regular meetings of the Board of Directors shall
be held monthly without notice, at such place and hour as may be fixed from time to time by
resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be
held at the same time on the next day which is not a legal holiday. Notice of regular meetings of
the Board of Directors shall be given to each Director, personally or by mail, telephone or
telegraph, at least three (3) days prior to the day named for such meetings, unless the time and
place of such meetings is announced at the organization meeting, in which case such notice of
other regular meetings shall not be required.
Section 4.11 Special Meetings. Special meetings of the Board of Directors may be called
by the President, or, if the President is absent or refuses to act, by the Vice President, or by any
two (2) Directors. At least two (2) days' notice shall be given to each Director, personally or by
mail, telephone or facsimile, which notice shall state the time,place (as hereinabove provided)
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and the purpose of the meeting. If served by mail, each such notice shall be sent, postage prepaid,
to the address reflected on the records of the Corporation, and shall be deemed given, if not
actually received earlier, on the second day after it is deposited in a regular depository of the
United States mail as provided herein. When any Director has been absent from any special
meeting of the Board of Directors, an entry in the minutes to the effect that notice has been duly
given shall be conclusive and incontrovertible evidence that due notice of such meeting was given
to such Director, as required by law and as provided herein.
Section 4.12 Waiver of Notice. Before or at any meeting of the Board of Directors, any
Director may in writing waive notice of such meeting and such waiver shall be deemed equivalent
to the giving of such notice. Attendance by a Director at any meeting of the Board of Directors
shall be waiver of notice by that Director of the time and place thereof. If all Directors are present
at any meeting of the Board of Directors, no notice shall be required and any business may be
transacted at such meeting. The transactions of any meeting of the Board of Directors, however
called and noticed or wherever held, shall be as valid as though transacted at a meeting duly held
after regular call and notice, if a quorum be present, and if, either before or after the meeting, each
of the Directors not present signs such a written waiver of notice, a consent to holding such
meeting, or an approval of the minutes thereof. All such waivers, consents and approvals shall be
filed with the records of the Corporation or made a part of the minutes of the meeting.
Section 4.13 Quorum and Adjournment. Except as otherwise expressly provided herein,
at all meetings of the Board of Directors, a majority of the Directors shall constitute a quorum for
the transaction of business, and the acts of the majority of the Directors present at a meeting at
which a quorum is present shall be the acts of the Board of Directors. If at any meeting of the
Board of Directors there is less than a quorum present, the majority of those present may adjourn
the meeting from time to time. At any such adjourned meeting, any business which might have
been transacted at the meeting as originally called may be transacted without further notice.
Section 4.14 Action Without Meeting. The Directors shall have the right to take any
action in the absence of a meeting which they could take at a meeting by obtaining the vote or
written consent of all the Directors. Any action so approved shall have the same effect as though
taken at a meeting of the Directors.
Section 4.15 Fidelity Bonds. The Board of Directors may require that all officers and
employees of the Corporation handling or responsible for the Corporation fiends shall furnish
adequate fidelity bonds. The premium on such bonds shall be paid by the Corporation.
Section 4.16 Committees. The Board of Directors, by resolution, may from time to time
designate such committees as the Board of Directors shall desire, and may establish the purposes
and powers of each such committee created. The resolution designating and establishing a
committee shall provide for the appointment of its members, as well as a chairperson, shall state
the purpose of the committee, and shall provide for reports, termination, and other administrative
matters as deemed appropriate by the Board of Directors.
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ARTICLE V
OFFICERS
Section 5.1 Designation. The principal officers of the Corporation shall be a President, a
Vice President, a Secretary, and a Treasurer, all of whom shall be elected by the Board of
Directors. The Board of Directors may appoint an Assistant Treasurer and an Assistant Secretary,
and such other officers as in the Board of Directors'judgment may be necessary. One person may
hold two or more offices, except those offices of President and Secretary.
Section 5.2 Election of Officers. The officers of the Corporation shall be elected
annually by the Board of Directors at the organizational meeting of each new Board of Directors,
and each officer shall hold office for one (1) year unless such officer shall sooner resign or shall
be removed or otherwise disqualified.
Section 5.3 Removal of Officers. Upon an affirmative vote of a majority of the entire
Board of Directors, any officer may be removed, either with or without cause, and a successor
elected at any regular meeting of the Board of Directors, or any special meeting of the Board of
Directors called for such purpose. Any officer may resign at any time by giving written notice to
the Board of Directors or to the President or Secretary of the Corporation. Any such resignation
shall take effect at the date of receipt of such notice or at any later time specified therein; and
unless otherwise specified in said notice, acceptance of such resignation by the Board of Directors
shall not be necessary to make it effective. A vacancy in any office may be filled by appointment
by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of
the officer he or she replaces.
Section 5.4 Compensation. Officers, agents, and employees shall receive such reasonable
compensation for their services as may be authorized or ratified by the Board of Directors.
Appointment of any officer, agent or employee shall not of itself create contractual rights of
compensation for services performed by such an officer, agent or employee. No officer, employee
or Director of Declarant or any affiliate of Declarant may receive any compensation.
Section 5.5 Special Appointment. The Board of Directors may elect such other officers
as the affairs of the Association may require, each of whom shall hold office for such period, have
such authority, and perform such duties as the Board of Directors may, from time to time,
determine.
Section 5.6 President. The President shall be the chief executive officer of the
Corporation. The President shall preside at all meetings of the Corporation and of the Board of
Directors. The President shall have all of the general powers and duties which are usually vested
in the office of the President of a non-profit corporation, including but not limited to the power,
subject to the provisions of Section 4.16, to appoint committees from among the Members and
Owners from time to time as the President alone may decide are appropriate to assist in the
conduct of the affairs of the Corporation. The President shall, subject to the control of the Board
of Directors, have general supervision, direction and control of the business of the Corporation.
The President shall be ex officio a member of all standing committees, and the President shall
have such other powers and duties as may be prescribed by the Board of Directors or these
Bylaws.
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Section 5.7 Vice President. The Vice President shall take the place of the President and
perform such duties whenever the President shall be absent, disabled or unable to act. If neither
the President nor the Vice President is able to act, the Board of Directors shall appoint another
member of the Board of Directors to do so on an interim basis. The Vice President shall also
perform such other duties as shall from time to time be imposed by the Board of Directors or these
Bylaws.
Section 5.8 Secretary. The Secretary shall record the votes and keep the minutes of all
meetings of the Board of Directors and the minutes of all meetings of the Corporation at the
principal office of the Corporation or such other place as the Board of Directors may order. The
Secretary shall have charge of such books and papers as the Board of Directors may direct, and
the Secretary shall, in general, perform all the duties incident to the office of Secretary. The
Secretary shall give, or cause to be given, notices of meetings of the Corporation and of the Board
of Directors required by these Bylaws or by law to be given. The Secretary shall maintain a book
of record Owners, and any person in possession of a Building Lot that is not an Owner, listing the
names and addresses of the Owners, and any person in possession of a Building Lot that is not an
Owner, as furnished to the Corporation and such book shall be changed only at such time as
satisfactory evidence or a change in ownership of a Building Lot is presented to the Secretary.
The Secretary shall perform such other duties as may be prescribed by the Board of Directors or
these Bylaws.
Section 5.9 Treasurer. The Treasurer shall have responsibility for the Corporation funds
and securities and shall be responsible for keeping, or causing to be kept, full and accurate
accounts of the Property owned by the Corporation, tax records and business transactions of the
Corporation including accounts of all assets, liabilities, receipts and disbursements, all in books
belonging to the Corporation. The Treasurer shall be responsible for the deposit of all monies and
other valuable effects in the name and to the credit of the Corporation in such depositories as may
from time to time be designated by the Board of Directors. The Treasurer shall disburse the funds
of the Corporation as may be ordered by the Board of Directors in accordance with the
Declaration, shall render to the President and Directors upon request, an account of all
transactions as Treasurer and of the financial condition of the Corporation, and shall have such
other powers and perform such other duties as may be prescribed by the Board of Directors or
these Bylaws.
ARTICLE VI
OBLIGATIONS OF OWNERS
Section 6.1 Assessments.
(a) All Owners, specifically excluding Declarant, are obligated to pay, in
accordance with the provisions of the Declaration, all Assessments imposed by the
Corporation to meet all expenses of the Corporation, which may include, without
limitation, a liability insurance policy premium and an insurance premium for a
policy to cover repair and reconstruction work in case of fire, earthquake or other
hazard, as more fully provided in Section 4.3 of these Bylaws. Except as otherwise
provided in the Declaration, the Assessments shall be made equally per Building
Lot for all Members of the Corporation obligated to pay such Assessment, but
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specifically excluding Declarant from such obligations. If the assessment is not
paid within thirty (30) days after the due date, a fifty-dollar ($50.00) late fee shall
be imposed,per charge and, at the discretion of the Board,the assessment shall bear
interest from the date of delinquency at the rate of eighteen percent (18%) per
annum, or the highest rate allowed by law.
(b) All delinquent Assessments shall be enforced, collected, or foreclosed in
the manner provided in the Declaration.
Section 6.2 Maintenance and Repair.
(a) Every Owner must perform promptly, at the Owner's sole cost and expense,
all maintenance and repair work on such Owner's Building Lot as required under
the provisions of the Declaration. As further provided in the Declaration, all plans
for alterations and repair of improvements on the Property must receive the prior
written consent of the Architectural Committee. The Architectural Committee shall
establish reasonable procedures for the granting and denial of such approval in
accordance with the Declaration.
(b) As further provided in the Declaration, each Owner shall reimburse the
Corporation for any expenditures incurred in repairing or replacing any portion of
the Property owned or controlled by the Corporation which are damaged through
the fault of the Owner, and each Owner shall promptly reimburse the Corporation
for the costs of repairing, replacing and/or maintaining that portion of the Property
which the Corporation has repaired, replaced or maintained pursuant to the
Declaration. Such expenditures shall include all court costs and reasonable attorney
fees and costs incurred in enforcing any provision of these Bylaws or the
Declaration.
ARTICLE VII
AMENDMENTS TO BYLAWS
Prior to the Class B Membership Termination Date, these Bylaws may be amended by the
Class B Member(s). Following the Class B Membership Termination Date, no amendment to these
Bylaws shall take effect unless approved by at least a majority of the members present in person
or via proxy at any meeting of the Members called for such purpose, or such other percentage as
herein otherwise provided.
ARTICLE VIII
MEANING OF TERMS
Except as otherwise defined herein, all terms herein initially capitalized shall have the same
meanings as are applied to such terms in the Declaration including, without limitation, "Articles,"
"Assessments," "Association," "Building Lot," "Common Area," "Declarant," "Class A Member,"
"Class B Member," "Class B Membership Termination Date," and "Owners."
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ARTICLE IX
CONFLICTING PROVISIONS
If any of these Bylaws conflict with any provisions of the laws of the State of Idaho, such
conflicting Bylaws shall be null and void upon final court determination to such effect, but all
other Bylaws shall remain in full force and effect. In case of any conflict between the Articles of
Incorporation and these Bylaws the Articles shall control; and in the case of any conflict between
the Declaration and these Bylaws, the Declaration shall control.
ARTICLE X
INDEMNIFICATION AND INSURANCE
Section 10.1 Certain Definitions. For the purposes of this Article X, "agent" means any
person who is or was a Director, officer, employee or other agent of the Corporation, or is or was
serving at the request of the Corporation as a director, officer, employee or agent of another
corporation, or was a director, officer, employee or agent of a corporation which was a
predecessor corporation of the Corporation; "proceeding" means any threatened, pending or
completed action or proceeding, whether civil, criminal, administrative or investigative; and
"expenses" includes, without limitation, attorney fees and costs.
Section 10.2 Indemnification. This Corporation shall indemnify any person who was or
is a party or is threatened to be made a party to any proceeding (other than an action by or in the
right of this Corporation to procure a judgment in its favor) by reasons of the fact that such person
is or was an agent of this Corporation, against expenses,judgments, fines, settlements and other
amounts actually and reasonably incurred in connection with such proceeding if such person acted
in good faith and in a manner such person reasonably believed to be in or not opposed to the best
interests of the Corporation and, in the case of a criminal proceeding, had no reasonable cause to
believe the conduct of such person was unlawful. The termination of any proceeding by
judgment, order, settlement, conviction or upon a plea of nolo contendere or its equivalent shall
not, of itself, create a presumption that the person did not act in good faith and in a manner which
the person reasonably believed to be in or not opposed to the best interests of the Corporation or
with respect to any criminal proceeding that the person had reasonable cause to believe that the
person's conduct was unlawful. However, no indemnification shall be made in respect of any
claim, issue or matter as to which such person shall have been adjudged to be liable to the
Corporation in the performance of such person's duty to the Corporation, unless and only to the
extent that the court in which such proceeding is or was pending shall determine upon application
that, in view of all the circumstances of the case, such person is fairly and reasonably entitled to
indemnity for the expenses which such court shall deem proper.
Section 10.3 Liability Insurance. The Corporation may purchase and maintain insurance
on behalf of any agent of the Corporation against any liability asserted against or incurred by the
agent in such capacity or arising out of the agent's status as such, whether or not the Corporation
would have the power to indemnify the agent against such liability under the provisions of this
Article X.
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ARTICLE XI
MISCELLANEOUS
Section l 1.1 Checks. Drafts and Documents. All checks, drafts or other orders for
payment of money, notes or other evidences of indebtedness issued in the name of or payable to
the Corporation shall be signed or endorsed by such person or persons, and in such manner as,
from time to time, shall be determined by resolution of the Board of Directors.
Section 11.2 Execution of Documents. The Board of Directors, except as in these
Bylaws otherwise provided, may authorize any officer or officers, agent or agents, to enter into
any contract or execute any instrument in the name and on behalf of the Corporation, and such
authority may be general or confined to specific instances; and unless so authorized by the Board
of Directors, no officer, agent or employee shall have the power or authority to bind the
Corporation by any contract or engagement or to pledge the Corporation's credit or to render the
Corporation liable for any purpose or in any amount.
Section 11.3 Inspection of Bylaws, Books. and Records. The Corporation shall keep in
the Corporation's office for the transaction of business the original or a copy of these Bylaws as
amended or otherwise altered to date, certified by the Secretary, which shall be open to inspection
by the Members at all reasonable times during office hours. The books, records and papers of the
Association shall at all times, during reasonable business hours, be subject to inspection by any
Member. The Declaration, the Articles of Incorporation, and the Bylaws of the Corporation shall
be available for inspection by any Member at the principal office of the Corporation, where copies
may be purchased at reasonable cost.
Section 11.4 Fiscal Year. The fiscal year of the Corporation shall begin on the 1st day of
January and end on the 31s1 day of December of every year except that the first fiscal year shall
begin on the date of incorporation.
Section 11.5 Membership Book. The Corporation shall keep and maintain in the
Corporation's office, for the transaction of business, a book containing the name and address of
each Member. Termination or transfer of ownership of any Building Lot by an Owner shall be
recorded in the books together with the date on which such ownership was transferred, and the
new Owner shall be incorporated into the book in accordance with the provisions of the
Declaration and the Articles of Incorporation.
[remainder of page is intentionally blank]
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CONSENT OF DIRECTORS OF
DRY CREEK RANCH HOMEOWNERS' ASSOCIATION. INC.
IN LIEU OF MEETING
The undersigned, constituting all of the Directors of Dry Creek Ranch Homeowners'
Association, Inc., an Idaho non-profit corporation (the "Corporation"), do hereby consent to
adopt and approve in writing the following corporate action without a meeting in accordance
with the provisions of the general non-profit corporation laws of the State of Idaho:
RESOLVED, that the above and foregoing Bylaws are hereby duly adopted as the
Bylaws of the Corporation, and that the same do now constitute the Bylaws of the Corporation.
This Consent of Directors of Dry Creek Ranch Homeowners' Association, Inc. in Lieu of
Meeting shall be effective the_3L*l day of , 2024.
mes H. Hunter, Director
Travis H. Hunter, Director
Randi J. Meredith, Director
CERTIFICATE OF SECRETARY
I,the undersigned, do hereby certify that:
1. I am the duly elected and acting Secretary of Dry Creek Ranch Homeowners'
Association, Inc., an Idaho non-profit corporation; and
2. The foregoing Bylaws constitute the Bylaws of Dry Creek Ranch Homeowners'
Association, Inc., and were duly adopted by the Board of Directors pursuant to that "Consent of
Directors of Dry Creek Ranch Homeowners' Association, Inc. in Lieu of Meeting" dated
effective the SO'Nay of bw , 2024.
IN WITNESS WHEREOF, I have hereunto subscribed my hand and attest the act of the
Corporation effective the V"day of 0(,Ww, , 2024.
Secretar
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Attachment 2
Dry Creek Water Company LLC
Service Area Legal Description and Map

EXHIBIT A
Legal Description of the Property
The South 1/2 of the NE 1/4, the SE 1/4, and that portion of the SW 1/4 lying
southeasterly of Brookside Lyne in Section 25;the North 1/2, the SE 1/4, and the NE 1/4
of the SW 1/4 of Section 36; the East 1/2 of Section 35 lying east of State Highway 55,
and the East 1/2 of the SW 1/4 of Section 35 lying southeasterly of State Highway 55,
T.5N., ME., B,M.; and Government Lot 4 of Section 1, Government Lots I, 2, and 3 of
Section 2, TAN., R.IE., B.M.; and the "West 23 acres" of Government Lot 4 of Section
30, T.5N.,R2E., H.M., Ada County, Idaho, more particularly described as follows:
Beginning at the corner common to Sections 25, 26, 35, and 36, T.5N., R.1E.,
B.M., thence N00°06521113,25.46 feet to the apparent center of Brookside Lane;
Thence along the center of said Lane S88110'32"E,414.96 feet;
Thence N84°26'48"E, 277.62 feet;
Thence 321.30 feet along the are of a curve to the left, having a radius of 260.00
feet, a central angle of 70°48'16", and a long chord bearing N49°02'40"E, 301.24
feet;
Thence N 13'3 8`31" E, 128635 feet;
Thence 81.82 feet along the arc of a curve to the right, having a radius of 70.00
feet, a central angle of 66°58'28", and a long chord bearing N47°07'45"E, 77.25
feet;
(continues on following pages)
AFFIDAVIT of LEGAL INTEREST
Att. 2-1

Thence N80°37'00"E, 181.40 feet;
Thence N69°10'10"E, 415.26 feet;
Thence N66°37'43"E, 384.36 feet;
Thence 60.97 feet along the are of a curve to the left, having a radius of 100.00
feet, a central angle of 341S6'01", and a long chord bearing N49°09'42"E, 60.03
feet;
Thence N31°41'42"E, 130.05 feet;
Thence 68.84 feet along the are of a curve to the right, leaving a radius of 80.00
feet, a central angle of 4.9°18'14", and a long chord bearing N56°20'49"E, 66.74
feet;
Thence N80°59'55"E, 314.34 feet to a point on the north-south mid-section line of
said Section 25;
Thence departing said center of Brookside Lane along said mid-section line and
the cast boundaries of Spring Creek Estates and Spring Creek Estates Subdivision
No. 3, as same are recorded in Book 26 of Plats at page 1638, and Book 78 of
Plats at page 8270, respectively, records of Ada County, Idaho, N00°31'05"E,
740.09 feet to the northeast corner of said Spring Creek Estates;
Thence continuing along said mid-section line N00°46'19"E, 546.81 feet to the
southeast corner of Lot 11, Block 3 of said Spring Creek Estates Subdivision No.
3;
Thence continuing and along the east line of said Lot N04°33'02"E, 536.09 feet to
the C-N 1116 corner;
Thence along the north line of the South 1/2 of the NE 1/4 of said Section 25,
common to the south line of said Spring Creek Estates Subdivision No. 3,
S89019'47"E, 417.16 feet to the southwest corner of Lot 4, Block 3 of Spring
Creek Estates No. 2, as same is recorded in book 36 of plats at page 3070, records
of Ada County, Idaho;
Thence continuing and along the south line of said Spring Creek Estates No. 2
888°47'29"E, 2244.49 feet to the southeast corner of said Spring Creek Estates
No. 2, common to the northeast corner of the South 1/2 of the NE 1/4 df said
Section 25;
AFFIDAVIT OF LEGAL INTEREST
Att. 2-2

Thence S00°2444"W, 1334.19 feet to the 1/4 corner common to said Sections 25
and 30;
Thence S00°38'53"W, 1302.17 feet to the northwest comer of Government Lot 4
of said Section 30;
Thence along the north fine of said Lot S881 15'28"E, 782.14 feet;
Thence S00°38'53"W, 1302.59 feet to a point on the south line of said lot 4;
Thence along said line N88°1TO1"W, 782.13 feet to the corner common to said
Sections 25, 30, 31, and 36;
Thence S00109'29"W, 2700,96 feet to the 1/4 comer common to said Sections 36
and 31;
Thence S00°22'41"W, 2612,62 feet to the southeast corner of said Section 36,
Thence N89020155"W, 2632.43 feet to the 1/4 corner common to said Section I
and 36;
Thence N00°02'04"W, 1317.63 feet to the C-S 1/16 corner of said Section 36;
Thence N89°06'13"W, 1319.24 feet to the SW 1/16 corner of said Section 36;
Thence N00°09'52"W, 1323,24 feet to the C-W 1/16 corner of said Section 36;
Thence N88151'46"W, 1322.34 feet to the 1/4 comer common to said Section 35
and 36;
Thence S00°17'36"E, 2657.71 feet to the corner common to said Scction 1, 2, 35,
and 36;
Thence S89°20'44"E, 1316.16 feet to the northeast corner of Government Lot 4 of
said Section 1;
Thence 800101'4.0"E, 1335.45 feet to the NW 1/16 corner of said Section 1;
Thence N89"28'42"W, 1319.47 feet to the north 1116 corner common to said
Sections l and 2;
An:IDAVIT OF LfiGAL INTEREST
Att. 2-3

Thence along the south line of Lots 1 and 2 of said Section 2 N89°16'39"W,
2630.92 feet to a found 5/8" iron pin marking the C-N 1/16 corner of said Section
2;
Thence along the south line of Government Lot 3 N88°12'56"W, 1335.70 feet to a
found 1/2" iron pin marking the southeast corner of Mary Glen Subdivision No. 2,
as same is recorded in Book 30 of plats at page 1880, records of Ada County,
Idaho, said point accepted as the southwest corner of said Government Lot 3;
Thence along the west line of said Lot 3 and the west line of the East 1/2 of the
SW 1/4 of said Section 35 as established by the east lines of said Maryglen
Subdivision No. 2, and Maryglen Subdivision No. 1, as same is recorded in Book
29 of Plats at page 1781, records of Ada County, Idaho, N00°14'1 l"W, 305.44 feet
to a found 1/2" iron pin;
Thence N00°09'48"W, 652.45 feet to a found 1/2" iron pin;
Thence N00°14'28"W, 2467.41 feet to a point on the southeasterly right-of-way of
State Highway 55, said point common to the most northerly comer of Lot 1, Block
2 of said Maryglen Subdivision No. 1;
Thence along said right-of-way N54128'08"E, 854.51 feet;
Thence 46.40 feet along the are of a curve to the left, having a radius of 1697.02
feet, a central angle of 1133'59", and a long chord bearing, N53°41'08"E, 46.40 feet
to a point on the west mid-section line of said Section 35;
Thence departing said right-of-way along said tine S89°30'17"E, 592,76 feet to the
center of said Section 35;
Thence along the north-south mid-section line N00121'27"W, 682.59 feet;
Thence 258.12 feet along the are of a non-tangent curve to left, having a radius of
858.60 feet, a central angle of 17°1329", and a long chord bearing N9°10'33"E,
257.15 feet;
Thence N00°33'58"E, 39.68 feet;
Thence 369.18 feet along the are of a non-tangent curve to the left, having a radius
of 1697.02 feet, a central angle of 12°27'52", and a long chord bearing
N6047'55"E, 368.45 feet;
AFFIDAVIT OF LEGAL INTEREST
Att. 2-4

Thence N00°33'58"E, 1324.59 feet to a point on the north line of the NE 1/4 of
said section 35, said point bears S890 19'03"E, 110.50 feet from the north 1/4
corner of said Section 35;
Thence along said north line S89°19'03"E, 2532.31 feet to the Point of Beginning,
..R ..y.
' �•»i.�" •' " 4+•; '4'ec- Mt®nme � ;n !r! wl.Ni •.J_N.r
r,IF
AFFIDAVIT OF LEGAL INTFRE':ST
Att. 2-5

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Attachment 3
Dry Creek Water Company LLC
Water System Map

i
14739
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/ ° 14697
1177
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PROPOSED NE
/ w 33 963E BOOSTER STATION �) \
146D
i'«s �I ii ili iii I
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LEGEND
DW 8-INCH
DW 10-INCH
DW 12-INCHIG
DW 16-INCH
FUTURE 4-INCH ————————
3 n S
FUTURE 6-INCH ————————
FUTURE 8-INCH
FUTURE 10-INCH
FUTURE 12-INCH ————————
FUTURE 16-INCH ————————
8"VALVE
10"VALVE -
12"VALVE x
16"VALVE H / �\ _ __ �� � ------------
FIRE HYDRANT
PRV
PROPOSED PRV I— ' I /// \�• � / / PROPOSE BOOSTSE
FORCE-MAIN
1 I I
<13352
W BOOSTER 1
\\. STATION(In
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——————— ------------- --------------------
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-—————————————————————————————— ---------------------------------------I
WATER MASTER MAP '®° S P F
G DRY CREEK WATERNTE COMPANY,LLCoFFE�
E,

Attachment 4
Idaho Department of Environmental Quality
Authorization and Sanitary Survey

Attachment 4.1
Idaho Department of Environmental Quality
Authorization to Serve
Wells 1 and 2

FA&M STATE OF IDAHO
qWDEPARTMENT OF
ENVIRONMENTAL QUALITY
1410 North Hilton•Boise,Idaho 83706•[phone] C.L."Butch"Otter,Governor
www,deq.idaho.gov John H.Tippets, Director
July 10, 2018
Mr. James Hunter
Boise Hunter Homes
729 S. Bridgeway Place
Eagle, Idaho 83616
RE: Dry Creek Ranch Public Water System(Ada County)
Authorization to Serve the Public
Dear Mr. Hunter:
The Department of Environmental Quality(DEQ) has completed a final inspection of the subject project.
Construction of the wells, well pumps, d' harge piping, and appurtenances appear to meet state of Idaho
standards, and the referenced project is .p roved. With this approval, DEQ authorizes the use of this well
to serve drinking water to the public,A I ct to the following condition:
A. If, after four(4)months from the daje of this letter,the system has not begun serving the public, then
additional bacterial samples shall bb)e taken to ensure the absence of coliform bacteria, and the results
submitted to DEQ for revieik /
Please contact me with an uest' ns at dennis.meier(cr)de .idaho. ov or 208 373-0482.
Y 9 >' ( )
Sincerely,
Denn'ier, P.E.
Staff Engineer
DRM:sjt
EC: Steve Solecki, Boise Hunter Homes,SSoleckiaboisehunterhomes.com
Chad Hamel, Boise Hunter Homes, [e-mail]
Landon Northey, Boise Hunter Homes, LNortheynaboisehunterhomes.com
Jason Thompson, P.E., SPF Water Engineering, [e-mail]
Todd Crutcher, P.E., DEQ Boise Regional Office
Dan M. Smith, P.E., DEQ Boise Regional Office
Brandon Lowder, DEQ Boise Regional Office
Richard Lee, DEQ Boise Regional Office
Michael Stambulis, P.E., DEQ Technical Services
2018AGD4221
Att 4.1-1

Attachment 4.2
Idaho Department of Environmental Quality
Authorization to Serve
Well 3

1445 N. Orchard St. Brad Little, Governor
Boise ID 83706 • [phone] Jess Byrne, Director
March 15, 2024
Ann Dickey, PE
Dry Creek Water Company
923 S. Bridgeway Place
Eagle, Idaho 83616
[e-mail]
RE: Dry Creek Ranch [ID4010266]—Well 3 Pumping Facility(Ada County)
a. Approval of Operation and Maintenance Manual
b. Acceptance of Record Drawings
c. Well 3 Authorization to Serve the Public
Dear Ms. Dickey:
The Idaho Department of Environmental Quality(DEQ) has reviewed the referenced operation &
maintenance (0&M) manual for general conformance with DEQ Rules'and determined it to be
approved for implementation. An O&M manual is intended to be a practical guide to the everyday
operation of a system and should be updated regularly as needed. By using it as a living document, it will
improve system reliability,train new staff, facilitate DEQ inspections, and aid operators in repair and
replacement of system components.Additionally, DEQ has received and reviewed the record drawings
for the subject project.The record drawings are accepted per Idaho Code § 39-118(3).
DEQ has also completed an inspection of the wellhouse facility.The constructed facilities were
evaluated based on the approved construction plans and accepted record drawings, and appear to meet
State of Idaho standards'.The new drinking water source is hereby approved. With this approval, DEQ
authorizes the use of Well 3 to serve water to the public.A drinking water compliance officer will be in
contact with you to determine compliance sampling requirements for this well, or you can contact
Kelsey Carter at [phone] to discuss these requirements.
If you have any questions or comments, please feel free to contact me at [phone] or
[e-mail].
Sincerely,
T�� S;Jo—�
Dan Smith, PE
Senior Water Quality Engineer
c: Jason Thompson, PE, HDR Engineering
Valerie Greear, PE, Brandon Lowder, Kelsey Carter, DEQ
2024AGD1847
'IDAPA 58.01.08—Idaho Rules for Public Drinking Water Systems
Att.4.2-1

Attachment 4.3
Idaho Department of Environmental Quality
2024 Sanitary Survey

�0
1445 N Orchard St Brad Little,Governor
Boise,ID 83706• [phone] Jess Byrne,Director
tv
October 10, 2024
Ann Dickey
923 S. Bridgeway Plaza
Eagle, ID 83616
Email: [e-mail]
Subject: Dry Creek Water Company LLC (I134010266) - Sanitary Survey conducted on
September 11, 2024
Dear Ann Dickey:
A sanitary survey was recently conducted for Dry Creek Water Company LLC (ID4010266). This
letter provides the sanitary survey report and photos for your records.
Significant Deficiencies: No Significant Deficiencies were identified during this inspection.
Deficiencies: Deficiencies must be corrected when feasible or during modifications of
existing processes or facilities.
Recommendations: Recommendations identified in the report are not required to be
corrected at this time, but it is recommended.
Consult DEQ before taking specific corrective actions or modifying the water system. Modifying
your public water system or installing new components may require assistance from an Idaho
licensed professional engineer and DEQ's review and approval. Contact this office before
making modifications to your system.
Thank you for your help in completing the sanitary survey. For questions, contact Kelsey Carter,
Drinking Water Compliance Officer, Boise Regional Office, [phone],
[e-mail].
Sincerely,
*A
Kelsey Carter
Drinking Water Analyst, Boise Regional Office
C: Thomas Mehiel, Valley Hydro Inc.
EDMS#: 2024ACA6561
Att. 4.3-1

Sanitary Survey Report
Dry Creek Water Company LLC - ID4010266
Survey conducted on September 11, 2024
Report generated on October 2, 2024
Narrative
The Dry Creek Water Company's water system is a newer water system that includes three
wells connected to the distribution system. The system currently serves about 550 connections.
A storage tank is planned but has yet to be constructed.
The newest well was completed in 2022; the capacity is needed mostly due to the large
irrigation demand of the system during summer months.
The system applies chlorine in well house 1 to the combined flow of wells 1 and 2, and also
applies chlorine in well house 3. An emergency generator is present and can power the pumps
in wells 1 and 2 in the event of a power outage.
Enforcement Actions
None.
Significant Deficiencies:
No Significant Deficiencies were found during the Sanitary Survey.
- 2 -
Att.4.3-2

Deficiencies:
Deficiencies must be corrected when feasible or during modifications of existing processes or
facilities.
DISTRIBUTION SYSTEM
Question#15- Are dead end mains flushed at least semiannually? No.
Note: The operator indicated dead end mains are flushed as needed.
All dead end water mains are not flushed at least semiannually (IDAPA 58.01.08.542.09).
Areas of stagnant water in a distribution system may result in bacterial regrowth, increased disinfection
byproduct formation, red water, or customer complaints. Operators should routinely flush dead ends to
remove sediment and stagnant water.
TREATMENT PLANT-WELL#3
Question#4- How many gallons of water are treated per day? Unk.
Note: At the time of the survey, water was not yet being delivered to the distribution system
from this well.
The Owner/Operator of the public water system should identify how many gallons of water are treated
per day.
Financial/Managerial Capacity
Question#11- Asset Management Plan (C and NTNQ No.
An Asset Management Plan should be established for the PWS. The assets of a water system include the
natural and engineered components for providing water (e.g., source water, pumps, motors, storage
tanks, treatment plants, pipes).A good asset management program typically includes a written plan for
achieving the best appropriate cost for rehabilitation, repair, or replacement of a public water system's
assets. Asset management is effective in maximizing the value of capital as well as minimizing operations
and maintenance expenditures.To learn more about asset management, go to DEQ's website at:
https://www.deg.idaho.gov/water-quality/drinking-water/public-water-system-switchboard/capacity-
development/
Question#29- Do all Sample Siting Plan(s) meet the minimum requirements? Unk.
Note: The system has not submitted all required sample siting plans.
Choose all that apply
• The system owner does not have a current written sample siting plan that meets RTCR
requirements (40 CFR 141.853.a).An RTCR sample siting plan needs to be developed and/or
implemented.
- 3 -
Att.4.3-3

• The system owner does not have a current written sample siting plan that meets Lead/Copper
requirements (40 CFR 141.86). A Lead/Copper sample siting plan needs to be developed and/or
implemented.
A sample siting plan is designed to specify where in the distribution system samples will be drawn to
ensure they are representative of the water system.
Question#30- Are samples being taken in accordance with the Sample Siting Plan(s)? Unk.
Note: The system has not submitted all required sample siting plans.
Choose all that apply
• RTCR monitoring samples are not being taken in accordance with an approved sample siting
plan (40 CFR 141.853.a).
• Lead/Copper monitoring samples are not being taken in accordance with an approved sample
siting plan (40 CFR 141.86).
Samples not taken in accordance with a sample siting plan, may not be representative of the distribution
system resulting in the water system not receiving credit for sampling.
- 4 -
Att.4.3-4

Recommendations:
Recommendations identified in this Report are not required to be corrected at this time,
however it is recommended.
Hydropneumatic Tanks
Question#1- Is the system served by a variable frequency drive (VFD)? (Recommended) Yes.
A VFD pump produces steady pressure and can cause stagnation in a hydropneumatic tank. Stagnant
water(aged water) is a major factor in water quality deterioration within a distribution system. The
Department recommends all hydropneumatic tanks associated with a VFD be isolated and drained twice
a year to remove stagnant water.
Question#6- Have all hydropneumatic tanks been tested for structural integrity in the past 5
years? (Recommended) No.
Note: The tanks were placed in service in 2019.
Hydropneumatic tanks should be tested for structural integrity every 5 years or be replaced with a
pressure tank of the same volume that meets American Society of Mechanical Engineers (ASME) code
requirements.
Question#7- Has the tank been tested for bladder failure in the last year? (Recommended) No.
The pre-charge of one or more bladder tanks has not been tested in the last year.Testing the pre-charge
of the bladder tank requires the tank to be isolated and drained. The pre-charge air pressure should be
five psi below the setting at which the pump turns on (the low operating pressure for the system)
(IDAPA 58.01.08.547.03.a).
Pumps
Question#1- Do any of the pumps cycle > 6 times per hour? (Recommended) Yes.
Note: The vertical pumps for Well#1 and Well#3 were running constantly during the inspection
period. The operator and system representative indicated this operating scenario is typical
during summertime demands.
The [PUMP_TAG_NUM] is cycling more than six times per hour.The cause of excessive cycling should be
evaluated and remedied to prevent premature failure of the pump.
Financial/Managerial Capacity
Question#16- Water Loss Control Program No.
A water loss control program should be put in place and utilized. More than 15%water loss is an
indication of either inaccurate meters or excessive leakage. Inaccurate meters result in lost revenue and
- 5 -
Att. 4.3-5

leaks are potential points for entry of contaminated groundwater.The following is a link to an EPA
resource for developing a water loss control program:
https://www.epa.gov/sites/production/files/2015-04/documents/epa816fl3002.pdf.
- 6 -
Att.4.3-6

Attachment 5
Idaho Department of Water Resources
Water Rights and Permit

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Attachment 5.1
Idaho Department of Water Resources
Permit 63-32423

Page 1 State of Idaho
Department of Water Resources
Permit to Appropriate Water
NO. 63-32423
Priority: August 22, 2006 Maximum Diversion Rate: 5.00 CFS
Maximum Diversion Volume: 1,764.0 AF
This is to certify, that JMM DRY CREEK LLC
CIO LAND BARON INVESTMENTS
5275 S DURANGO DR
LAS VEGAS NV 89113
has applied for a permit to appropriate water from:
Source: GROUNDWATER ,-
and a permit is APPROVED for•'i'dei.kment of water as follows:
+f . w.r"
BENEFICIAL USE I.PERIOD'OF USE RATE OF DIVERSION ANNUAL VOLUME
MUNICIPAL 01101?z1;o 1'2k331 5.00 CFS 9,764.0 AF
LOCATION OF POINT(S)OF D:IVIEP>.S1ON: :<
GROUNDWATER NE%NEY43Sec.z-36, ,,-, 05N, Rge 01 E, B.M. ADA County
GROUNDWATER NE/4NE/4 SecE*36'Tw P0,5N �R a 01E, B.M. ADA Count
' ' f` P � ,9 Y
I CONDITIONS OFsAPPROVAL
1. Proof of application of water,to beneficial use;Shall be Submitted vn'dr,-before March 01, 2015.
2. Subject to all prior water rightsr
3. Project construction shall eommencewitfin one-year from,thedate of permit issuance and steal[
proceed diligently to completion°un ess it;can be'sh`o-wntto the satisfaction of the Director of the
Department of Water Resources 1`dela s`were ue to circumsf'.nces;over which the permit
holder had no control. tT
= f
4. Right holder shall comply with he dnlli`ng permit�req ireinents of Section 42-235, Idaho Code and
t 1
applicable Well Construction R les of" Dep'rtim'' t
5. Place of use is within the area serve ,l _the pubYiEc wat rrsupply7system±of JMM Dry Creek LLC.
The place of use is generally artd 2;°Township{4 North, Range 1 East;
Sections 25, 35, and 36, Townshi05 Norfli,F Range 1 East; and Section,30, Township 5 North,
Range 2 East; B.M.
6. A map depicting the place of use boundary for this water right at the time of this approval is attached
to this document for illustrative purposes.
7. Water bearing zone to be appropriated is 100 ft. to 300 ft. below ground surface.
8. The right holder shall maintain a totalizing measuring device of a type approved by the Department
as a part of the diverting works.
9. After specific notification by the Department, the right holder shall report to the Department the
amount of water diverted annually in connection with this right.
10. Diversion and use of water with a temperature greater than 85 degrees Fahrenheit is not authorized
under this right.
11. Rights 63-2535,63-4023B, 63-4086B, 63-7123, 63-17454, 63-32266, and 63-32423 when
combined shall not exceed a total diversion rate of 7.84 cfs and a total annual maximum diversion
volume of 1764.0 of at the field headgate.
12. The right holder shall carry out the"Dry Creek Ranch Aquifer Monitoring Plan: April 2008." See
Exhibit E of the January 14, 2009, Water Rights Agreement between Dry Creek Rural Neighborhood
Association and JMM Dry Creek LLC.
Att. 5.1-1

Page 2 State of Idaho
Department of Water Resources
Permit to Appropriate Water
NO. 63-32423
CONDITIONS OF APPROVAL CONTINUED
13. To prevent injury to senior water right holders:
a. Diversion under this right shall be initially limited to 1,234.8 of(70% of 1764.0 af)for a minimum
period of three years and until such time that the right holder can demonstrate to the Director that
the aquifer can sustain greater diversions under the right. Demonstration shall require (1) a
minimum of two years with recorded annual diversions under the right in excess of 1,000 afa, (2)
water levels at a well in the NENE, Sec. 36, T05N, R01 E, B.M., also known as the Jeker Big Pump
well and as USGS well no. 05N01E36AAB1, (or an acceptable replacement well)that recover on an
annual basis to at least 60 feet below ground surface, and (3)water-level monitoring for other wells
monitored by the right hold'6i'yW6ccordance with condition no. 12 does not show water level
declines that would injure s.eniorAwater rights owners.
b. Upon successful demoristraij,'M to the Director of sustainable aquifer capacity to support
diversions under this right in ecesso ,234.8 afa, the right holder may increase the annual volume
diverted under the right up fo aimaXimum' of 1764 afa.
c. The Director shall have the a utlorityllo,reduce the annual diversion volume limits under this right
at any time upon (1) a showingjhat-diversibgns under the right are injuring senior water rights and (2)
failure of the right holder t&-'de'-`uatelay mitigate injury to senior water rights to the satisfaction of the
Director.
d. The diversion volume limits ur d.__right`63,32423 shall not be reduced or limited due to
water-level declines or injuryxto sebi ot, ights�resulting from diversions under water rights with priority
dates junior to right 63-324231 _.«t t``
e. This condition is not intended to establish a,reasonable pumping level pursuant to Idaho Code §
42-226.
14. For this condition, the term fuse"shall bb,defned as the'water delivered to and used on a single
parcel of land identified in thecoupr recoidstand served water under this right. No later than
February 15 of each calendar yeaf.duringthe authorized develvpmentrperiod for this permit, the
right holder shall: �;} £ "Ej a
a. Identify and estimate a diversibh rate'and volume fo`r all u`sestunder the right that will exceed the
individual domestic use limits`i s de coed by Idaho C:ode,§42-1'11(;1)'(a) and (b)during the year. Uses
under this right that exceed the{individual use limits of Idaho Cotle§42-111(1)(a) and (b) are to be
considered 100%consumptive.%Such uses sitall;be mitigated through reduction of one acre of
irrigation use underwater rights M2535V6314023B,63;4086B, 63 7123, 63-17454, and 63-32266
s-
for each 2.7 acre feet of water diverted ubder`Xhis i ht=? x �• F
C Y A !?7 y 1
b. Identify all uses under the rig ht`thattwill 66tthe EndiYidual domestic;use limits as defined
by Idaho Code §42-111(1)(a) and (b),Wng�the year ai estimate an annual diversion volume for
these uses. Such uses shall be mitigated through reduction of one acre of irrigation use under
water rights 63-2535, 63-4023B, 63-4086B, 63-7123, 63-17454, and 63-32266 for each 4.5 acre
feet of water diverted under this right.
c. Reduce the number of acres to be irrigated under Rights 63-2535, 63-4023B, 63-4086B,
63-7123, 63-17454, and 63-32266, sufficiently to provide the required mitigation for items"a"and "b"
above.
d. Report to the Department the volume of water to be used for municipal purposes in
connection with this permit during the year.
e. Report the number of acres required to mitigate for the municipal use, along with the water
right numbers, diversion rates, and annual diversion volumes associated with those acres.
f. Report the location of the lands that will be irrigated during the forthcoming irrigation season
with water diverted under Rights 63-2535, 63-4023B, 63-4086B, 63-7123, 63-17454, and 63-32266.
The location shall be reported in map, GIS shapefile, and PLS tabular forms.
Att. 5.1-2

Page 3 State of Idaho
Department of Water Resources
Permit to Appropriate Water
NO. 63-32423
CONDITIONS OF APPROVAL CONTINUED
15. Once designated in an annual report as mitigation for the use of water for municipal purposes under
this right, irrigation of designated lands under Rights 63-2535, 63-4023B, 63-4086B, 63-7123,
63-17454, and 63-32266 shall not be resumed unless this right is reduced through the appropriate
administrative or legal process, as determined by the Department.
16. Upon receiving the right holder's annual report, the Department will change the official records for
Rights 63-2535, 63-4023B, 63-4086B, 63-7123, 63-17454, and 63-32266 to show where diversion
and use of water is not authorized because the rights, or portions thereof, are being dedicated to
mitigation purposes.
17. The owner of Right 63-32423 shall maintain ownership of the mitigation portions of Rights 63-2535,
63-4023B, 63-4086B, 63-7123,63-17454, and 63-32266.
18. The diversion and use of water described in Right 63-32423 may be subject to additional limitations
agreed to by the protestant(s) and the right holder under separate agreement to which the
Department is not a party and which may be enforceable by a court of law.
19. Noncompliance with any condition of this right, including the requirement for mitigation, is cause for
the director to issue a notice of violation, cancel or revoke the right, or, if the right is included in a
water district, request that the watermaster curtail diversion and use of water.
This permit is issued pursuant to the provisions of Section 42-204,`Idaho Code. Witness the signature of
the Director, affixed at Boise, this ra day of �0�rG�'\ 20 10 .
GARYV-SPMAN, Interim Director
Att. 5.1-3

Page 4 State of Idaho
Department of Water Resources
Permit to Appropriate Water
63-32423
Water Service Area Boundary for Jmm Dry Creek Llc
R01 E R02E
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E N NE NENE
SE W WNE SENE W S NW
NEW WSE NESE NWSW
SWSE SESE SESW SWSE SESE SWSW
NWNE NENE E NE NENE NWNW
EN WNE SE NE SE SWNE SENE SWNW
34 35 36
NE W NWSE NESE 31
E N SE NESE NWSW
a.
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SESW SWSE SESE SESW SWSE SESE SWSW
NE NWNE NENE E NE NENE NWNW
3 2 SENE 1 6 Y
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0
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R01 E R02E
0 0.375 0.75 1.5 Miles
Legend
Water Service Area Boundary
Townships
PLS Sections
�] Quarter Quarters /
N
Att. 5.1-4

Attachment 5.2
Idaho Department of Water Resources
63-2535

IDAHO DEPARTMENT OF WATER RESOURCES 11/2/2023
Proof Report
Water Right 63-2535
Owner Type Name and Address
Current Owner DRY CREEK WATER COMPANY LLC
923 S BRIDGEWAY PL
EAGLE, ID 83616-6098
[phone]
Priority Date: 8/24/1937
Basis: Decreed
Status:Active
Source Tributary
GROUND WATER
Beneficial Use From To Diversion Rate Volume
IRRIGATION 03/01 11/15 0.340 CFS 75.7AF
DOMESTIC 01/01 12/31 0.020 CFS
MITIGATION BY NON-USE 03/01 11/15 0.360 CFS 81.8AF
Total Diversion 0.700 CFS 157.5 AF
Source and Point(s) of Diversion:
GROUND WATER NENE Sec. 35, Twp 05N, Rge 01 E, ADA County
GROUND WATER NENE Sec. 36, Twp 05N, Rge 01 E, ADA County
GROUND WATER NENE Sec. 36, Twp 05N, Rge 01 E, ADA County
Place Of Use:
MITIGATION BY NON-USE within ADA Count
NE NW SW SE
Two Rnq Sec NE NW SW SE NE NW SW SE NE NW SW SE NE NW SW SE Totals
05N 01 E 25 X X X X X
05N 01 E 35 X X
05N 01 E 36 X X X X X
DOMESTIC within ADA Count
NE NW SW SE
Twp Rnq ISec NE NW ISW ISE NE NW SW SE NE INW ISW ISW ISE Totals
05N 01E 35 X X X
IRRIGATION within ADA Count
NE NW SW SE
Two j02E3j0
NE NW SW SE NE NW SW SE NE 124.0
SE NE NW SW SE Totals
05N 11.0 23.0 33.0 67.0
05N 6.2 22.0 39.0 40.0 28.01.9 36.0 26.0 0.4 16.0 215.5
05N 40.0 28.0 35.0 20.0 36.0 35.0 13.01.2 8.9 217.1
05N 24.0
Right Acre Limit:16.80
PO Total Acres:523.6
63-2535
Att. 5.2-1

IDAHO DEPARTMENT OF WATER RESOURCES 11/2/2023
Proof Report
Conditions of Approval:
1. T07 The right holder shall accomplish the change authorized by this transfer within
one year of the date of this approval.
2. T08 Failure of the right holder to comply with the conditions of this transfer is cause
for the Director to rescind approval of the transfer.
3. T19 Pursuant to Section 42-1412(6), Idaho Code, this water right is subject to such
general provisions necessary for the definition of the rights or for the efficient
administration of water rights as may be determined by the Snake River Basin
Adjudication court at a point in time no later than the entry of the final unified
decree.
4. 046 Right holder shall comply with the drilling permit requirements of Section 42-
235, Idaho Code and applicable Well Construction Rules of the Department.
5. 01 M 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.
6. X27 This right is limited to the irrigation of 16.8 acres within the place of use
described above in a single irrigation season.
7. X35 Rights 63-2535, 63-4023B, 63-4086B, 63-7123, 63-17454 and 63-32266 when
combined shall not exceed a total diversion rate of 3.53 cfs, a total annual
maximum diversion volume of 793 of at the field headgate, and the irrigation of
188.3 acres in a single irrigation season.
Combined Use Limits:
Rate Volume Acres Water Rights
3.530 793.0 188.3 63-17454 ,63-2535 ,63-
4086B ,63-7123 ,63-
4023B
63-2535
Att. 5.2-2

Attachment 5.3
Idaho Department of Water Resources
63-4023B

Water Right 63-4023B
Owner Type Name and Address
Current Owner DRY CREEK WATER COMPANY LLC
923 S BRIDGEWAY PL
EAGLE, ID 83616-6098
[phone]
Priority Date: 7/1/1927
Basis: Decreed
Status:Active
Source Tributary
GROUND WATER
Beneficial Use From To Diversion Rate Volume
IRRIGATION 03/01 11/15 1.440 CFS 389.0AF
STOCKWATER 01/01 12/31 0.040 CFS
MITIGATION BY NON-USE 03/01 11/15 1.560 CFS 421.0AF
Total Diversion 3.000 CFS 810.0 AF
Source and Point(s) of Diversion:
GROUND WATER NENE Sec. 35, Twp 05N, Rge 01 E, ADA County
GROUND WATER NENE Sec. 36, Twp 05N, Rge 01 E, ADA County
GROUND WATER NENE Sec. 36, Twp 05N, Rge 01 E, ADA County
Place Of Use:
MITIGATION BY NON-USE within ADA Count
NE NW SW SE
Tw Rnq Sec NE NW SW SE JNENWSW SE NE NW SW SE NE NW SW SE Totals
05N 01E 25 X X X X X
05N 01E 35 X X
05N 01E 36 X X X
STOCKWATER within ADA Count
NE NW SW SE
Tw Rnq Sec NE NW SW SE NE NW SW SE NE NW SW SE NE NW SW SE Totals
05N 01 E 26 X X
05N 01E 35 X X X X
05N 01 E 36 X X X X
Aft.5.3-1

IRRIGATION within ADA Count
NE NW SW SE
:fwp Rng iSec-NE NW SW SE NE NW SW SE NE NW SW SE NE NW SW SE Totals
05N 01 E 25 11.0 23.0 33.0 67.0
05N 01 E 35 6.2 22.0 39.0 40.0 28.0 1.9 36.0 26.0 0.4 16.0 215.5
05N 01 E 36 40.0 28.0 35.0 20.0 36.0 35.0 13.0 1.2 8.9 217.1
05N I 02E 1 30 24.0 24.0
Right Acre Limit:86.50
POU Total Acres:523.6
Conditions of Approval:
1. T07 The right holder shall accomplish the change authorized by this transfer within
one year of the date of this approval.
2. T08 Failure of the right holder to comply with the conditions of this transfer is cause
for the Director to rescind approval of the transfer.
3. T19 Pursuant to Section 42-1412(6), Idaho Code, this water right is subject to such
general provisions necessary for the definition of the rights or for the efficient
administration of water rights as may be determined by the Snake River Basin
Adjudication court at a point in time no later than the entry of the final unified
decree.
4. 046 Right holder shall comply with the drilling permit requirements of Section 42-
235, Idaho Code and applicable Well Construction Rules of the Department.
5. 01 M 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.
6. X27 This right is limited to the irrigation of 86.5 acres within the place of use
described above in a single irrigation season.
7. N08 The quantity of water decreed for this water right for stockwater use is not a
determination of historical beneficial use.
8. N05 The quantity of water under this right for stockwater use shall not exceed
13,000 gallons per day.
9. X35 Rights 63-2535, 63-4023B, 63-4086B, 63-7123, 63-17454 and 63-32266 when
combined shall not exceed a total diversion rate of 3.53 cfs, a total annual
maximum diversion volume of 793 of at the field headgate, and the irrigation of
188.3 acres in a single irrigation season.
Combined Use Limits:
Rate Volume Acres Water Rights
3.530 793.0 188.3 63-17454 ,63-2535 ,63-
4086B ,63-7123 ,63-
4023B
Att. 5.3-2

Attachment 5.4
Idaho Department of Water Resources
63-4086B

IDAHO DEPARTMENT OF WATER RESOURCES 11/2/2023
Proof Report
Water Right 63-4086B
Owner Type Name and Address
Current Owner DRY CREEK WATER COMPANY LLC
923 S BRIDGEWAY PL
EAGLE, ID 83616-6098
[phone]
Priority Date: 7/20/1960
Basis: Decreed
Status:Active
Source Tributary
GROUND WATER
Beneficial Use From To Diversion Rate Volume
IRRIGATION 03/01 11/15 2.400 CFS 776.0AF
MITIGATION BY NON-USE 03/01 11/15 2.600 CFS 840.0AF
Total Diversion 5.000 CFS 1,615.5 AF
Source and Point(s) of Diversion:
GROUND WATER NENE Sec. 35, Twp 05N, Rge 01 E, ADA County
GROUND WATER NENE Sec. 36, Twp 05N, Rge 01 E, ADA County
GROUND WATER NENE Sec. 36, Twp 05N, Rge 01 E, ADA County
Place Of Use:
MITIGATION BY NON-USE within ADA Count
NE NW SW SE
Tw Rnq Sec NE NW SW SE JNENWSW SE NE NW SW SE NE NW SW SE Totals
05N 01E 25 X X X X X
05N 01E 35 X X
05N 01E 36 X X X
IRRIGATION within ADA Count
NE NW SW SE
Tw InSe NE NW SW SE NE NW SW SE NE NW SW SE NE NW SW SE Totals
05N 25 11.0 23.0 33.0 67.0
05N 35 6.2 22.0 39.0 40.0 28.0 1.9 36.0 26.0 0.4 16.0 215.5
05N 36 40.0 28.0 35.0 20.0 36.0 35.0 13.0 1.2 8.9 217.1
05N 30 24.0 24.0
Right Acre Limit:172.50
PO Total Acres:523.6
63-7123
Att. 5.4-1

IDAHO DEPARTMENT OF WATER RESOURCES 11/2/2023
Proof Report
Conditions of Approval:
1. T07 The right holder shall accomplish the change authorized by this transfer within
one year of the date of this approval.
2. T08 Failure of the right holder to comply with the conditions of this transfer is cause
for the Director to rescind approval of the transfer.
3. T19 Pursuant to Section 42-1412(6), Idaho Code, this water right is subject to such
general provisions necessary for the definition of the rights or for the efficient
administration of water rights as may be determined by the Snake River Basin
Adjudication court at a point in time no later than the entry of the final unified
decree.
4. 046 Right holder shall comply with the drilling permit requirements of Section 42-
235, Idaho Code and applicable Well Construction Rules of the Department.
5. 01 M 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.
6. X27 This right is limited to the irrigation of 172.5 acres within the place of use
described above in a single irrigation season.
7. X35 Rights 63-2535, 63-4023B, 63-4086B, 63-7123, 63-17454 and 63-32266 when
combined shall not exceed a total diversion rate of 3.53 cfs, a total annual
maximum diversion volume of 793 of at the field headgate, and the irrigation of
188.3 acres in a single irrigation season.
8. Rights 63-4086B and 63-7123 when combined shall not exceed a total annual
maximum diversion volume of 776 of at the field headgate, and the irrigation of
172.5 acres in a single irrigation season.
Combined Use Limits:
Rate Volume Acres Water Rights
3.530 793.0 188.3 63-17454 ,63-2535 ,63-
4086B ,63-7123 ,63-
4023B
776.0 172.5 63-4086B ,63-7123
63-7123
Att. 5.4-2

Attachment 5.5
Idaho Department of Water Resources
63-7123

IDAHO DEPARTMENT OF WATER RESOURCES 11/2/2023
Proof Report
Water Right 63-7123
Owner Type Name and Address
Current Owner DRY CREEK WATER COMPANY LLC
923 S BRIDGEWAY PL
EAGLE, ID 83616-6098
[phone]
Priority Date: 7/11/1968
Basis: Decreed
Status:Active
Source Tributary
GROUND WATER
Beneficial Use From To Diversion Rate Volume
IRRIGATION 04/01 10/31 0.380 CFS 776.0AF
MITIGATION BY NON-USE 04/01 10/31 0.410 CFS 840.0AF
Total Diversion 0.790 CFS 1,615.5 AF
Source and Point(s) of Diversion:
GROUND WATER NENE Sec. 35, Twp 05N, Rge 01 E, ADA County
GROUND WATER NENE Sec. 36, Twp 05N, Rge 01 E, ADA County
GROUND WATER NENE Sec. 36, Twp 05N, Rge 01 E, ADA County
Place Of Use:
MITIGATION BY NON-USE within ADA Count
NE NW SW SE
Tw Rnq Sec NE NW SW SE NE NW SW SE NE NW SW SE NE NW SW SE Totals
05N 01E 25 X X X X X
05N 01E 35 X X
05N 01E 36 X X X X X
IRRIGATION within ADA Count
NE NW SW SE
Tw InSe NE NW SW SE NE NW SW SE NE NW SW SE NE NW SW SE Totals
05N 25 11.0 23.0 33.0 67.0
05N 35 6.2 22.0 39.0 40.0 28.0 1.9 36.0 26.0 0.4 16.0 215.5
05N 36 40.0 28.0 35.0 20.0 36.0 35.0 13.0 1.2 8.9 217.1
05N 30 24.0 24.0
Right Acre Limit:168.60
PO Total Acres:523.6
63-7123
Att. 5.5-1

IDAHO DEPARTMENT OF WATER RESOURCES 11/2/2023
Proof Report
Conditions of Approval:
1. T07 The right holder shall accomplish the change authorized by this transfer within
one year of the date of this approval.
2. T08 Failure of the right holder to comply with the conditions of this transfer is cause
for the Director to rescind approval of the transfer.
3. T19 Pursuant to Section 42-1412(6), Idaho Code, this water right is subject to such
general provisions necessary for the definition of the rights or for the efficient
administration of water rights as may be determined by the Snake River Basin
Adjudication court at a point in time no later than the entry of the final unified
decree.
4. 046 Right holder shall comply with the drilling permit requirements of Section 42-
235, Idaho Code and applicable Well Construction Rules of the Department.
5. 01 M 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.
6. X27 This right is limited to the irrigation of 168.6 acres within the place of use
described above in a single irrigation season.
7. X35 Rights 63-2535, 63-4023B, 63-4086B, 63-7123, 63-17454 and 63-32266 when
combined shall not exceed a total diversion rate of 3.53 cfs, a total annual
maximum diversion volume of 793 of at the field headgate, and the irrigation of
188.3 acres in a single irrigation season.
8. Rights 63-4086B and 63-7123 when combined shall not exceed a total annual
maximum diversion volume of 776 of at the field headgate, and the irrigation of
172.5 acres in a single irrigation season.
9. X61 The period of use for the irrigation described in this approval may be extended
to a beginning date of 3/1 and an ending date of 11/15 provided that beneficial
use of the water can be shown and other elements of the right are not
exceeded. The use of water before 4/1 and after 10/31 is subordinate to all
water rights having no subordinated early or late irrigation use and a priority
date earlier than 4/11/2007.
Combined Use Limits:
Rate Volume Acres Water Rights
3.530 793.0 188.3 63-17454 ,63-2535 ,63-
4086B ,63-7123 ,63-
4023B
776.0 172.5 63-4086B ,63-7123
63-7123
Att. 5.5-2

Attachment 5.6
Idaho Department of Water Resources
63-17454

IDAHO DEPARTMENT OF WATER RESOURCES 11/2/2023
Proof Report
Water Right 63-17454
Owner Type Name and Address
Current Owner DRY CREEK WATER COMPANY LLC
923 S BRIDGEWAY PL
EAGLE, ID 83616-6098
[phone]
Priority Date: 3/20/1938
Basis: Decreed
Status:Active
Source Tributary
DRY CREEK BOISE RIVER
Beneficial Use From To Diversion Rate Volume
IRRIGATION 03/01 11/15 0.820 CFS
MITIGATION BY NON-USE 03/01 11/15 0.880 CFS 199.0AF
Total Diversion 1.700 CFS
Source and Point(s) of Diversion:
DRY CREEK NENE Sec. 36, Twp 05N, Rge 01 E, ADA County
Place Of Use:
MITIGATION BY NON-USE within ADA County
WE NW SW SE
Two Rnq Sec NE NW SW SE JEN7SW SE NE NW SW SE NE NW SW SE Totals
05N 01E 25 X X X X X
05N 01E 35 X X
05N 01E 36 X X
IRRIGATION within ADA Count
NE NW SW SE
TWP InSe NE NW SW SE NE NW SW SE NE NW SW SE NE NW SW SE Totals
05N 25 11.0 23.0 33.0 67.0
05N 35 6.2 22.0 39.0 40.0 28.0 1.9 36.0 26.0 0.4 16.0 215.5
05N 36 40.0 28.0 35.0 20.0 36.0 35.0 13.0 1.2 8.9 217.1
05N 30 24.0 24.0
Right Acre Limit:40.80
PO Total Acres:523.6
Conditions of Approval:
1. T07 The right holder shall accomplish the change authorized by this transfer within
one year of the date of this approval.
63-17454
Att. 5.6-1

IDAHO DEPARTMENT OF WATER RESOURCES 11/2/2023
Proof Report
2. T08 Failure of the right holder to comply with the conditions of this transfer is cause
for the Director to rescind approval of the transfer.
3. T19 Pursuant to Section 42-1412(6), Idaho Code, this water right is subject to such
general provisions necessary for the definition of the rights or for the efficient
administration of water rights as may be determined by the Snake River Basin
Adjudication court at a point in time no later than the entry of the final unified
decree.
4. R05 Use of water under this right will be regulated by a watermaster with
responsibility for the distribution of water among appropriators within a water
district. At the time of this approval, this water right is within State Water
District No. 63.
5. R43 The right holder shall maintain a measuring device and lockable controlling
works of a type approved by the Department in a manner that will provide the
watermaster suitable control of the diversion(s).
6. X27 This right is limited to the irrigation of 40.8 acres within the place of use
described above in a single irrigation season.
7. X35 Rights 63-2535, 63-4023B, 63-4086B, 63-7123, 63-17454 and 63-32266 when
combined shall not exceed a total diversion rate of 3.53 cfs, a total annual
maximum diversion volume of 793 of at the field headgate, and the irrigation of
188.3 acres in a single irrigation season.
Combined Use Limits:
Rate Volume Acres Water Rights
3.530 793.0 188.3 63-17454 ,63-2535 ,63-
4086B ,63-7123 ,63-
4023B
63-17454
Att. 5.6-2

Attachment 5.7
Idaho Department of Water Resources
63-32266

IDAHO DEPARTMENT OF WATER RESOURCES 11/2/2023
Proof Report
Water Right 63-32266
Owner Type Name and Address
Current Owner DRY CREEK WATER COMPANY LLC
923 S BRIDGEWAY PL
EAGLE, ID 83616-6098
[phone]
Priority Date: 3/1/1987
Basis: Decreed
Status:Active
Source Tributary
GROUND WATER
Beneficial Use From To Diversion Rate Volume
MITIGATION BY NON-USE 03/01 11/15 0.230 CFS 54.0AF
Total Diversion 0.230 CFS 54.0 AF
Source and Point(s) of Diversion:
GROUND WATER NENE Sec. 35, Twp 05N, Rge 01 E, ADA County
GROUND WATER NENE Sec. 36, Twp 05N, Rge 01 E, ADA County
Place Of Use:
MITIGATION BY NON-USE within ADA Count
NE NW SW SE
Twp Rng iSec NE INW ISW ISW ISE NE INW Isw SE NE NW SW SE Totals
05N 01E 25 X
Conditions of Approval:
1. C18 This partial decree is subject to such general provisions necessary for the
definition of the rights or for the efficient administration of the water rights as
may be ultimately determined by the Court at a point in time no later than the
entry of a final unified decree. Section 42-1412(6), Idaho Code.
2. K02 This right is based upon an enlargement of Right Nos. 63-2535, 63-4023B, 63-
4086B and 63-7123 pursuant to Section 42-1426, Idaho Code.
3. K09 This right is for an enlargement of 12 acres within the place of use described
for this right.
4. C11 This water right is subordinate to all water rights with a priority date earlier than
April 12, 1994, that are not decreed as enlargements pursuant to Section 42-
1426, Idaho Code. As between water rights decreed as enlargements
pursuant to Section 42-1426, Idaho Code, the earlier priority right is the
superior right.
5. Rights 63-2535, 63-4023B, 63-4086B, 63-7123, 63-17454 and 63-32266 when
combined shall not exceed a total diversion rate of 3.53 cfs, a total annual
maximum diversion volume of 793 of at the field headgate, and the irrigation of
188.3 acres in a single irrigation season.
Combined Use Limits:
N/A
Page 11 of 11 63-32266
Att. 5.7-1

State of Idaho
Department of Water Resources
Attachment to Water Right
63-2535, 63-4023B, 63-4086B, 63-7123, and 63-17454
This map depicts the MITIGATION BY NON-USE place of use boundary for these water right at the time
of this approval and is attached to the approval document solely for illustrative purposes.
01 E 02E
z Cn
Lo z
o �
ra�,
26 NWSW NESW
SWSW' SESW SWSE
NWNE NE NE ` A ��
, NWNW NENW
NW NE ,
5 'SENE SWNW SENW 36
SWNE
z The U�DA-F AAerial Photography Field office asks to be' Z
`n credited in derived products.
0
01 E 02E
0 0.175 0.35 0.7 Miles
Place Of Use Boundary
Townships
PLS Sections
Quarter Quarters N
n Point of Diversion
Att. 5.7-2

Attachment 6
Certified Operator

Dry Creek Water Company, LLC
Application for Certificate of Public Convenience and
Necessity
Certified Water Operator
Tom Mehiel
DWD3-11130
Expiration: 19-June-2025
Att. 6-1

Attachment 7
Facility Plan

FACILITY PLAN
DRY CREEK RANCH
PUBLIC WATER SYSTEM j D
IDAHO DEQ
Boise del Office
Prepared for
Boise Hunter Homes LLC
1025 S. Bridgeway Place, Suite 290
Eagle, ID 83616
Prepared by
SPF Water Engineering, LLC
300 E. Mallard Dr., Suite 350
Boise, ID 83706
�SS\ONAL FN
�G%STE �s
F
January 3, 2017 C 3323
C s'P
IV,+0 4TF OF 10P�y0
SPF WATER
ENGINEERING
Att. 7-1

Table of Contents
1. Introduction .......................................................................................................................1
1.1. Project Description ................................................................................................1
1.2. Project Location.....................................................................................................1
1.3. Report Outline and Purpose ..................................................................................1
2. Water Demands ................................................................................................................2
2.1. Service Area Overview..........................................................................................2
2.2. Water Demands.....................................................................................................4
2.2.1. Residential Demands..............................................................................4
2.2.2. Non-Residential Domestic Demands.......................................................5
2.2.3. Irrigation Demands..................................................................................6
2.2.4. Summary of Maximum Daily Demands without PI System ......................8
2.2.5. Summary of Peak Hour Demands without PI System..............................8
2.2.6. Average Annual Demands ......................................................................8
2.3. Fire Flow Requirements.......................................................................................12
3. Water System Pressure...................................................................................................13
3.1. Pressure Requirements.......................................................................................13
3.2. Pressure Zones ...................................................................................................13
3.2.1. Lower Pressure Zone............................................................................13
3.2.2. Upper Pressure Zone............................................................................14
4. Groundwater Supply........................................................................................................17
4.1. Introduction..........................................................................................................17
4.2. Local Hydrogeology.............................................................................................17
4.3. Anticipated Well Capacity....................................................................................18
4.4. Groundwater Quality............................................................................................19
4.5. Water Rights........................................................................................................20
5. Public Water System Phase 1 .........................................................................................20
5.1. Overview .............................................................................................................20
5.2. Anticipated Development.....................................................................................21
5.3. Anticipated Well Construction..............................................................................21
5.4. Proposed Well Locations and Well Lot ................................................................22
5.5. Well Pumps and Controls ....................................................................................23
5.6. Well House and Site Details ................................................................................23
5.7. Treatment............................................................................................................24
5.8. Standby Power....................................................................................................24
5.9. Water Distribution System ...................................................................................24
6. Public Water System Phase 2.........................................................................................25
6.1. Introduction..........................................................................................................25
6.2. Storage Tank.......................................................................................................25
6.3. Booster Pump Stations........................................................................................28
6.3.1. Booster Pump Station 1 ........................................................................28
6.3.2. Booster Pump Station 2 ........................................................................29
6.3.3. Booster Pump Station 3 ........................................................................29
7. Water System Oversight..................................................................................................30
7.1. Water System Ownership....................................................................................30
SPF Water Engineering Page i Dry Creek Ranch
934.0070 January 3, 2017 Facility Plan
Att. 7-2

7.2. Water System Financing......................................................................................30
7.3. Water System Operation and Management.........................................................30
List of Tables
Table 1. Summary of current phasing plan...........................................................................3
Table 2. Summary of maximum daily and peak hour demands per phase............................5
Table 3. Summary of non-residential domestic demands .....................................................6
Table 4. Summary of non-residential irrigation demands......................................................7
Table 5. Summary of total maximum daily demand ..............................................................9
Table 6. Summary of total peak hour demand....................................................................10
Table 7. Average annual water demands...........................................................................11
Table 8. Summary of lower pressure zone .........................................................................14
Table 9. Summary of upper pressure zone supply option 1 ................................................15
Table 10. Summary of upper pressure zone supply option 2..............................................16
Table 11. Design parameters of water storage tank, scenario 1 .........................................27
Table 12. Design parameters of water storage tank, scenario 2.........................................27
Table 13. Design parameters of booster pump stations......................................................30
List of Figures
Figure 1. Vicinity Map of Dry Creek Ranch...........................................................Appendix B
Figure 2. Current Development Phasing Plan.......................................................Appendix B
Figure 3. Service Area of Lower Pressure Zone...................................................Appendix B
Figure 4. Upper Pressure Zone Option 1 ..............................................................Appendix B
Figure 5. Upper Pressure Zone Option 2..............................................................Appendix B
Figure 6. Proposed Well Lot.................................................................................Appendix B
Figure 7. Storage Tank and BPS Locations; Supply Option 2...............................Appendix B
SPF Water Engineering Page ii Dry Creek Ranch
934.0070 January 3, 2017 Facility Plan
Att. 7-3

Appendices
Appendix A: Preliminary Plat
Appendix B: Figures
Appendix C: Letter from Eagle Fire Department
Appendix D: Well Driller's Reports
Appendix E: Water Right Permit
SPF Water Engineering Page iii Dry Creek Ranch
934.0070 January 3, 2017 Facility Plan
Att. 7-4

1 . INTRODUCTION
1.1. Project Description
Boise Hunter Homes (BHH) is planning to develop the Dry Creek Ranch Planned
Community (Dry Creek Ranch). The preliminary plat submitted to Ada County dated
November 18, 2016 included 1,144 residential lots and 58 common lots. A copy of the
plat is included in Appendix A. The plat includes a total of 1,414 acres, with 698 acres
of residential lots, 384 acres of common lots and open space, and 332 acres of street
right-of-way.
At full build-out, the project is expected to include approximately 1,800 residential lots,
with commercial and mixed use development, a new school, and village centers. Dry
Creek Ranch will be constructed in up to 23 phases, with the property anticipated to
develop at a rate of 100 to 125 residential units per year.
Dry Creek Ranch will be served by a new community public water system regulated
by the Idaho Department of Environmental Quality (IDEQ) and subject to the Idaho
Rules for Public Drinking Water Systems (IRPDWS). The planned source of supply
for the public water system serving the initial phases of the development is two wells
with capacities capable of meeting potable, irrigation, and fire flow requirements. One
well will be a redundant source of supply. Subsequent phases of development will
require storage and likely booster pumps.
Most irrigation is expected to occur from the common municipal/irrigation distribution
system. A separate pressurized irrigation (PI) system may be installed to irrigate 85
acres of residential and common lots. Public water system service connections will
be metered to promote water conservation.
1.2. Project Location
Dry Creek Ranch is located northeast of Eagle, Idaho, on the east side of Highway 55
in Ada County, refer to Figure 1 in Appendix B. The property is located in portions of
Sections 25, 35, and 36 of T5N R1 E, Section 30 of T5N R2E, and Sections 1 and 2 of
T4N R1 E.
1.3. Report Outline and Purpose
The purpose of this submittal is to seek approval from the Idaho Department of
Environmental Quality (IDEQ) for a Facility Plan covering a new public water system
to serve Dry Creek Ranch. A Preliminary Engineering Report (PER) describing two
proposed wells is being submitted concurrently with the Facility Plan.
SPF Water Engineering Page 1 Dry Creek Ranch
934.0070 January 3, 2017 Facility Plan
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A Well Completion Report and PER and plans and specifications for a future well
pumping facility and phase 1 distribution system will be submitted for IDEA review
after completion of the wells. Together, these submittals incorporate all of the
documents necessary for review and approval of phase 1 of the public water system
as outlined in the Idaho Rules for Public Drinking Water Systems (IRPDWS).
The PERs and plans and specifications for future phase 2 water system infrastructure,
expected to include one or more storage tanks and booster pump stations, will be
submitted for IDEQ review as development warrants.
2. WATER DEMANDS
2.1. Service Area Overview
The proposed public water system will serve Dry Creek Ranch. Dry Creek Ranch will
be developed in phases, with plans for residential lots, commercial property, a new
school, mixed-use development, and village centers. A total of 23 phases are currently
planned. A first preliminary plat (dated November 18, 2016) has been submitted to
Ada County covering phases 1 through 16. The development in these phases is fairly
well defined. The plat included 1,144 residential lots and 58 common lots. A copy of
the plat is included in Appendix A.
The plans for development phases 17 through 23 are less defined at this point in time.
A second preliminary plat will be submitted covering these phases in the future. At full
build-out, the project is expected to include approximately 1,800 residential lots. It is
anticipated that the property will develop at a rate of 100 to 125 residential units per
year.
Assumptions were made regarding housing density in phases 17 through 23 to
estimate future water demands. While definitive plans for these phases are not
available at this time, reasonable estimates were made with respect to density to arrive
at the projected maximum build-out of 1,800 homes. In the mixed-use areas, it was
assumed that 25% of the total area would be apartments with the remainder being
high density housing. An apartment density of 20 dwelling units per acre was
assumed.
Commercial development at Dry Creek Ranch is still conceptual in nature. The
commercial property is likely to be occupied by a small grocery store and gas station
as part of Phase 23. An elementary school is planned for the Dry Creek Ranch
development. The school is expected to have approximately 600 students and 60
staff. There are two village centers planned. The plan for these has not been finalized
but each one is expected to include meeting rooms, fitness center, pool, and kitchen
area. The village center maximum occupancy is estimated to be 100 people. The
phasing for the school and village centers are still to be determined. School
SPF Water Engineering Page 2 Dry Creek Ranch
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construction will depend on funding from the school district. Village center construction
is dependent upon residential development and developer funds.
The development is expected to include both common lots and open space. The
common lots will be irrigated from the public water system, with a portion potentially
irrigated from a separate PI system. The open space will not be irrigated. Anticipated
common lots and open space are shown on the plat in Appendix A.
A summary of the current phasing plan is provided in Table 1. A map of the current
phasing plan is provided as Figure 2 in Appendix B.
Table 1. Summary of current phasing plan
Development Number of Average Residential Number of
Phase Residential Lot Size Common Other Development
Lots ac Lots
1 100 0.42 7
2 134 0.35 12
3 160 0.25 7
4 93 0.48 9
5 104 0.52 0
6 83 0.73 3
7 46 1.05 2
8 44 0.37 3
9 62 0.35 0
10 47 0.36 0
11 56 0.33 0
12 58 0.38 0
13 65 0.36 0
14 22 0.46 2
15 39 0.37 0
16 42 0.21 0
17a,O 81 0.35 1 Mixed Use
18a,0 126 0.35 2 Mixed Use/Village Center
19a,O 75 0.60 0
20a 94 0.50 0
21 a 79 0.50 0
22a 103 0.75 1
23a 55 0.25 3 Commercial/ Mixed Use
24b 0 --- 2 School/Village Center
a - Development not defined; assumed an average lot size and number of lots
b -The timing of this phase is not known
c-Assumed 10% Common Lot Area
SPF Water Engineering Page 3 Dry Creek Ranch
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2.2. Water Demands
2.2.1. Residential Demands
The IRPDWS require that the capacity of a public water system be at least 800 gallons
per day(gpd) per residence, reflecting maximum daily demand excluding irrigation and
fire flow. To estimate the maximum daily demand for Dry Creek Ranch, the demand
equation 1 presented in the IDEQ design file note Design Flows — Public Water
Systems (updated on November 20, 2006) was used, with one modification. This
equation is applicable for new metered residential public water systems with lawn
irrigation. The modification applies to the calculation of irrigated area per lot. Based
on a study' performed by SPF Water Engineering (SPF) where actual irrigated area
was calculated for rural and residential subdivisions, the formula in the demand
equation overestimates irrigated area per lot. A revised equatipas developed to
replace the original using data collected in the SPF study.
To assess the validity of this modified equation in this area, the actual maximum day
demand from Hidden Springs2 was compared to the calculated value using the
modified design file note equation. Hidden Springs is a valid comparison because it
is near Dry Creek Ranch, is metered like Dry Creek Ranch will be, and irrigation occurs
from the municipal supply. The maximum daily demand from Suez records for Hidden
Springs is 1,560 gpd per residence. The calculated maximum daily demand for Hidden
Springs using the modified equation is 1,671 gpd, a difference of about 6%. This
comparison would suggest that the modified design file note is reliable to be used for
Dry Creek Ranch and may conservatively estimate maximum day demand.
Peak hour demand for Dry Creek Ranch was calculated using the demand equation 2
presented in the IDEQ design file note Design Flows—Public Water Systems (updated
on November 20, 2006). This equation is also applicable for new metered residential
public water systems with lawn irrigation. The demand equation 2 was modified to
reflect the revised equation for calculating irrigated area. The peak hour and maximum
daily demand equations result in a peaking factor of approximately two, a reasonable
and common assumed value.
The residential maximum daily demand and peak hour demand were calculated for
each development phase and are summarized in Table 2. For phases 1 through 16,
the number of lots is based on the preliminary plat submitted to Ada County dated
November 18, 2016. For phases 17 through 23, the number of lots has not been well
defined to date so housing density was estimated using reasonable assumptions.
These maximum daily demands assume that all lot irrigation occurs from the public
water system.
' Estimate of Non-Irrigated Acres within the Twin Falls Canal Company Service Area, prepared by
SPF Water Engineering, March 20, 2007.
2 Maximum daily demand data for Hidden Springs provided by Suez Idaho
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Table 2. Summary of maximum daily and peak hour demands per phase
Number of
Total Irrigated Maximum Peak Hour Maximum
Demand Phase Residential
Residential Lots Per Area Per Daily Daily
Lots
Lot Area Acre Lot Demand (gp m) Demand
(acres) (acres) (gpd) (gpd) Per Lot
1 100 41.90 2.4 0.20 221,910 319 2,219
2 134 46.66 2.9 0.16 260,430 378 1,944
3 160 40.31 4.0 0.10 263,195 386 1,645
4 93 44.59 2.1 0.24 226,118 324 2,431
5 104 54.01 1.9 0.27 264,475 380 2,543
6 83 60.45 1.4 0.43 279,802 400 3,371
7 46 48.32 1.0 0.70 225,474 319 4,902
8 44 16.19 2.7 0.17 100,856 141 2,292
9 62 21.89 2.8 0.16 132,695 188 2,140
10 47 16.77 2.8 0.16 105,153 147 2,237
11 56 18.70 3.0 0.15 118,469 167 2,116
12 58 22.09 2.6 0.18 130,014 183 2,242
13 65 23.60 2.8 0.17 140,143 199 2,156
14 22 10.15 2.2 0.23 63,035 86 2,865
15 39 14.24 2.7 0.17 90,735 126 2,327
16 42 8.79 4.8 0.08 79,218 110 1,886
17a,b 81 27.87 2.9 0.15 190,993 272 2,358
18a,b 126 43.38 2.9 0.15 284,746 360 2,265
19a 75 45.16 1.7 0.33 218,420 311 2,902
20a 94 47.01 2.0 0.26 234,883 337 2,498
21 a 79 39.71 2.0 0.26 201,494 287 2,537
22a 103 76.88 1.3 0.44 350,280 502 3,417
23a,b 55 13.84 4.0 0.10 134,416 152 2,428
TOTAL 1768 783 --- I --- 4,316,952 6,073 2,441
a - Development not defined; assumed an average lot size and number of lots
b - Demand includes apartments at a density of 16 DU/acre
2.2.2. Non-Residential Domestic Demands
Commercial development at Dry Creek Ranch is still conceptual in nature. For the
purpose of estimating water demand at full build-out, it was assumed that a small
grocery store and gas station would be developed in the commercial parcel as part of
Phase 23. To estimate the maximum daily demand and peak hour demand, actual
water demand from a similar facility was used. A similar facility reported domestic use
of 20,000 gallons of water per month, equal to an average demand of approximately
700 gpd. A maximum daily demand of 1,400 gpd is calculated using a peaking factor
of 2. A peak hour demand of 7 gpm is calculated assuming a peaking factor of 5 and
water use over an 8-hour period.
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An elementary school is planned for the Dry Creek Ranch development, with
approximately 600 students and 60 staff. Water demand was calculated using Utah
Administrative Code R309-510-7 which lists typical maximum daily demands for
different types of facilities (Table 510-1). A maximum daily demand of 20 gpd per
person is reported for schools with a cafeteria. The conceptual maximum day demand
for the Dry Creek Ranch school is therefore estimated to be 13,200 gpd. The peak
hour demand is estimated to be 70 gpm assuming water use over an 8-hour period
and a peaking factor of 2.5.
There are two village centers planned, with each expected to include meeting rooms,
fitness center, pool, and kitchen area. Each village center maximum occupancy is
estimated to be 100 people for the purpose of estimating water demand. The Utah
Administrative Code R309-510-7 lists a typical maximum day demand of 25 gpd per
person for country clubs (Table 510-1). The calculated maximum daily demand for
each Village Center is therefore 2,500 gpd. The peak hour demand is estimated to be
13 gpm assuming water use over an 8 hour period and a peaking factor of 2.5.
A summary of non-residential domestic demands is provided in Table 3.
Table 3. Summary of non-residential domestic demands
Facility Maximum Daily Peak Hour
Demand (gpd) Demand (gpm)
Commercial 1,400 7
School 13,200 70
Village Centera 2,500 13
a -demand listed is for each one; there are two planned
2.2.3. Irrigation Demands
Irrigated lands within Dry Creek Ranch will include residential lots, common lots,
school grounds, and the village centers. Irrigation of these lands will primarily be from
the municipal water system; there is also the opportunity to develop a separate PI
system to irrigate 85 acres with Dry Creek and supplemental groundwater.
Irrigation area and demands for common lots, the school, and Village Centers without
a separate PI system are summarized in Table 4. Irrigation demands for residential
lots are accounted for in Table 2. Irrigation maximum daily demands for the common
lots, the school, and Village Centers were calculated assuming a net irrigation
requirement (as defined by the precipitation deficit) for turf grass of 0.24 inches per
day3 in July and an irrigation efficiency of 75%. Peak hour demands were estimated
3 Allen, Richard G. and Clarence W. Robison, 2012. Evapotranspiration and Consumptive Irrigation
Water Requirements for Idaho, Research Technical Completion Report, Kimberly Research and
Extension Center, University of Idaho
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assuming irrigation over a period of 8 hours. These demand estimates conservatively
assume irrigation of all areas at the same time.
Table 4. Summary of non-residential irrigation demands
Number of Total Maximum Peak Hour
Development Irrigated
Phase Common Area Daily Demand Demand
Lots (acres) (gPd)°'f (gPm)d
1 7 1.54 13,601 28
2 12 7.82 69,203 144
3 7 2.40 21,277 44
4 9 7.54 66,780 139
5 0 0.00 0 0
6 3 2.70 23,936 50
7 2 1.82 16,091 34
8 3 6.11 54,082 113
9 0 0.00 0 0
10 0 0.00 0 0
11 0 0.00 0 0
12 0 0.00 0 0
13 0 0.00 0 0
14 2 1.89 16,723 35
15 0 0.00 0 0
16 0 0.00 0 0
17a 1 6.10 54,005 113
18a,e 2 10.29 91,061 190
19a 0 5.02 44,409 93
20 0 0.00 0 0
21 0 0.00 0 0
22 1 1.58 13,942 29
23 3 12.51 110,717 231
24b,e 2 9.91 87,679 183
TOTAL 54 77.22 683,505 1,424
a - Development not defined in part of phase; assumed 10% Common Lot area
b-School site not defined; assumed 70% irrigated area
c-Assumes: irrigation demand of 0.24 inches/day
irrigation efficiency of 75%
d -Assumes irrigation over an 8 hour period
e-Village Center not defined; assumed 50% irrigated area
f-Assumes no PI system
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2.2.4. Summary of Maximum Daily Demands without PI System
The total maximum daily demands for Dry Creek Ranch, including residential, non-
residential domestic, and non-residential irrigation are summarized by development
phase in Table 5. These demands were calculated assuming all irrigation from the
municipal system and no separate PI system. The decision on whether or not to install
a PI system has not been made at this time. The total maximum daily demands were
also calculated assuming irrigation demands occurring at the same time as
residential/non-residential demands. The more likely scenario is irrigation at night
when residential demands are low. Therefore, the demands presented in Table 5 are
likely conservative not just from a conservative residential demand equation but also
from assuming concurrent irrigation and domestic demands.
The total maximum daily demands for phases 1 through 16 total nearly 3 million
gallons per day (MGD), or approximately 2,100 gpm. For phases 17 through 24, the
development plan is less certain. The total maximum daily demands for these phases
totals over 2 MGD or 1,400 gpm.
2.2.5. Summary of Peak Hour Demands without PI System
The total peak hour demands, including residential, non-residential domestic, and
irrigation, but excluding fire flow, are summarized in Table 6. The total peak hour
demands for phases 1 through 16 are estimated to be 4,400 gpm; for phases 17
through 24 demands are estimated to be 3,100 gpm. These demands are likely
conservative for the reasons explained for the maximum daily demand estimates.
2.2.6. Average Annual Demands
The average annual water demands for Dry Creek Ranch were estimated assuming
an average annual potable demand of 205 gpd per residence, based on Suez usage
rates for homes with separate PI systems. Average irrigation demands for both
residential and common lots were estimated assuming a 183-day irrigation season
(April through September), an average irrigation demand of 0.17 inches per day for
turf grass, and an irrigation efficiency of 80%.
The average annual demands for each phase are summarized in Table 7. The total
annual volume predicted for phases 1 through 16 is estimated to be 1,136 acre-feet
per year. The total annual volume estimated for phases 17 through 24 is 775 acre-
feet per year. The estimated total annual volume for full build-out is estimated to be
approximately 1,900 acre-feet per year.
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Table 5. Summary of total maximum daily demand
Residential Non- Non- Total Total Cumulative
Maximum Residential Residential Maximum Maximum Total
Phase Daily Domestic Irrigation Daily Daily Maximum
Demand Maximum Maximum Demand Demand Daily
(gpd) Daily Demand Daily Demand (gpd) (gpm) Demand
(gpd) (gpd) (gpm)
1 221,404 --- 13,601 235,005 163 163
2 260,430 --- 69,203 329,632 229 392
3 263,195 --- 21,277 284,473 198 590
4 226,118 --- 66,780 292,898 203 793
5 264,475 --- 0 264,475 184 977
6 279,802 --- 23,936 303,738 211 1,188
7 225,474 --- 16,091 241,565 168 1,355
8 100,856 --- 54,082 154,938 108 1,463
9 132,695 --- 0 132,695 92 1,555
10 105,153 --- 0 105,153 73 1,628
11 118,469 --- 0 118,469 82 1,710
12 130,014 --- 0 130,014 90 1,801
13 140,143 --- 0 140,143 97 1,898
14 63,035 --- 16,723 79,758 55 1,953
15 90,735 --- 0 90,735 63 2,016
16 79,218 --- 0 79,218 55 2,071
17a,b,c 190,993 --- 54,005 244,997 170 2,242
18ab,c 284,746 2,500 91,061 378,307 263 2,504
19a,c 218,420 --- 44,409 262,829 183 2,687
20a 234,883 --- 0 234,883 163 2,850
21 a 201,494 --- 0 201,494 140 2,990
22a 350,280 --- 13,942 364,222 253 3,243
23a,b 134,416 1,400 110,717 246,532 171 3,414
24d,e --- 15,700 87,679 103,379 72 3,486
TOTAL 4,316,445 19,600 683,505 5,019,551 3,486 ---
a- Development not defined; assumed an average lot size and number of lots
b- Demand includes apartments at a density of 16 DU/acre
c- Development not defined in part of phase; assumed 10% Common Lot area
d -School site not defined; assumed 70% irrigated area
e-Village Center not defined; assumed 50% irrigated area
f-Assumes no PI system
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Table 6. Summary of total peak hour demand
Residential Non-Residential Irrigation Total Peak Cumulative
Phase Peak Hour Domestic Peak Peak Hour Hour Total Peak
Demand Hour Demand Demand Demand Hour Demand
(gpm) (gpm) (gpm)` (gpm) (gpm)
1 318 --- 28 347 347
2 378 --- 144 522 869
3 386 --- 44 430 1,299
4 324 --- 139 463 1,762
5 380 --- 0 380 2,143
6 400 --- 50 450 2,592
7 319 --- 34 352 2,944
8 141 --- 113 253 3,198
9 188 --- 0 188 3,385
10 147 --- 0 147 3,533
11 167 --- 0 167 3,699
12 183 --- 0 183 3,883
13 199 --- 0 199 4,081
14 86 --- 35 121 4,202
15 126 --- 0 126 4,328
16 110 --- 0 110 4,438
17a,b,c 272 --- 113 384 4,822
18a,b,c 360 13 190 563 5,385
19a,c 311 --- 93 404 5,789
20a 337 --- 0 337 6,126
21 a 287 --- 0 287 6,413
22a 502 --- 29 532 6,945
23a,b 152 7 231 389 7,334
24d,e 83 183 266 7,600
TOTAL 6,073 103 1,424 7,600 ---
a- Development not defined; assumed an average lot size and number of lots
b- Demand includes apartments at a density of 16 DU/acre
c- Development not defined in part of phase; assumed 10% Common Lot area
d -School site not defined; assumed 70% irrigated area
e-Village Center not defined; assumed 50% irrigated area
f-Assumes no PI system
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Table 7. Average annual water demands
Annual Residential Common Annual Total Cumulative
Number of Lot/Non- Total
Potable Irrigated Irrigation Annual
Phase Residential Demandf Area Residential Demand9 Demand Annual
Lots (ac-ft/yr) (acres) Irrigated (ac-ft/yr) (ac-ft/yr) Demand
Area (acres) (ac-ft/yr)
1 100 23 20.0 1.5 68.0 91 91
2 134 31 20.9 7.8 90.8 122 213
3 160 37 16.1 2.4 58.4 95 308
4 93 21 22.5 7.5 94.7 116 424
5 104 24 28.0 0.0 88.4 112 536
6 83 19 35.4 2.7 120.2 139 675
7 46 11 32.2 1.8 107.5 118 793
8 44 10 7.4 6.1 42.7 53 846
9 62 14 9.9 0.0 31.2 45 892
10 47 11 7.6 0.0 24.0 35 926
11 56 13 8.3 0.0 26.1 39 965
12 58 13 10.2 0.0 32.3 46 1,011
13 65 15 10.8 0.0 34.0 49 1,060
14 22 5 5.0 1.9 21.9 27 1,087
15 39 9 6.5 0.0 20.5 29 1,116
16 42 10 3.3 0.0 10.4 20 1,136
17a,b 81 19 12.5 6.1 58.6 77 1,213
18a,b,e 126 30 19.4 10.3 93.8 124 1,338
19a 75 17 24.6 5.0 93.6 111 1,449
20a 94 22 24.0 0.0 75.9 97 1,546
21 a 79 18 20.3 0.0 64.1 82 1,628
22a 103 24 45.5 1.6 148.5 172 1,800
23a,b,c 55 14 5.5 12.5 56.9 71 1,871
24d 0 9 0.0 9.9 31.3 41 1,912
TOTAL 1768 411 396 77 1,494 1,904 ---
a- Development not defined; assumed an average lot size and number of lots
b- Demand includes apartments at a density of 16 DU/acre
c- Potable includes commercial demand
d - Potable includes school and Village Center
assumed 70% irrigated area for school and 50%for Village Center
e- Potable includes Village Center; assumed 50% irrigated area for Village Center
f-Assumes 205 gpd per residence
g -Assumptions: an average demand of 0.17 inches per day for turf grass
183-day irrigation season (April 1 - Sept 30)
irrigation efficiency of 80%
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2.3. Fire Flow Requirements
The Eagle Fire Department has reviewed the Dry Creek Ranch development plan, and
outlined the fire flow requirements in a letter dated November 28, 2016. This letter is
included in Appendix C, and states the following:
• Redundancy for fire flow is required by the fire department.
• A fire flow of 1,000 gpm for 2 hours is appropriate for single family dwellings with
an area of 3,600 square feet (sf) or less per the 2012 edition of the International
Fire Code.
• Any dwelling larger than 3,600 sf shall meet the fire flow requirement in Table
B105.1 of the 2012 International Fire Code.
The letter from the Eagle Fire Department requires the 2012 edition of the International
Fire Code be used for minimum fire flow and flow duration requirements.
The early phases of development are expected to only include single family dwellings
(no commercial) but the square footage of some of these units are expected to exceed
3,600 sf. As such the initial fire flow demand is anticipated to be 1,500 gpm for 2
hours4, per Table B105.1.
It is expected that non-residential development, including commercial space, village
centers, and the school may require a fire flow of 2,500 gpm for 2 hours. The exact
timeline of this development is not known at this time.
The IRPDWS requires that public water systems that provide fire flow shall provide the
maximum day demand plus fire flow. Fire flow must be provided with any pump out of
service. Fire pumping redundancy can be reduced or eliminated with adequate fire
suppression storage.
The IRPDWS also requires that new community public water systems have dedicated
on-site standby power (or storage) to pressurize the water system for 8 hours at
average day demand plus fire flow. Standby storage requires the storage of water for
8 hours at average day demand. Because storage is not initially planned, backup
emergency power will be required.
4 The 1,500-gpm fire flow is acceptable for Type V-A construction up to 8,200 sf. If Type V-B
construction (no fire-rating) is used, then approved automatic fire sprinklers are needed to limit the
required fire flow to 1,500 gpm.
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3. WATER SYSTEM PRESSURE
3.1. Pressure Requirements
The IRPDWS requires that new public water systems maintain a minimum pressure of
forty (40) psi throughout the distribution system during peak hour demand conditions,
excluding fire flow. The pressure must be a minimum of 20 psi with maximum day
demand and fire flow.
The IRPDWS also requires that new public water systems keep static pressure within
the distribution system below one hundred (100) psi and should ordinarily keep static
pressure below eighty (80) psi. Pressures above one hundred (100) psi shall be
controlled by pressure reducing valve stations installed in the distribution main.
The design criteria for defining pressure zones in Dry Creek Ranch will be a minimum
of 40 psi and will target a maximum of 80 psi. This Facility Plan assumes a minimum
static pressure of 40 psi with the understanding that final pressure zone limits will be
established using a dynamic pressure of 40 psi verified by hydraulic modeling. This
modeling will be performed for the distribution system PER.
3.2. Pressure Zones
3.2.1. Lower Pressure Zone
The Dry Creek Ranch development is expected to include multiple pressure zones,
based on a maximum lot elevation of 2,980 feet. The lower pressure zone is expected
to be initially served by two public water system supply wells only (i.e. no storage or
booster pump stations). The hydraulic grade line (HGL) of the lower pressure zone is
expected to be at approximately 2,910 feet. Given a well elevation of approximately
2,783 feet, the discharge pressure at the well would be 55 psi. The service level
elevations associated with the design upper (80 psi) and lower (40 psi) pressure
bounds are 2,725 feet and 2,818 feet. The lower pressure zone is summarized in
Table 8 and depicted on Figure 3 in Appendix B. The first 5 phases of the development
are within the low and high pressure ranges, except for 36 lots in phase 1. The
maximum static pressure in these lots is expected to be around 84 psi. This pressure
is not considered extreme and should be satisfactory for water system operation. Any
development above an elevation of 2,818 feet will be in an upper pressure zone, as
depicted on Figure 3 in Appendix B.
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Table 8. Summary of lower pressure zone
Pressure Zone Design Service Level Elevation Pressure
(ft) psi Feet
Hydraulic Grade Line 2,910
Lower Minimum Pressure 2,818 40 92
Maximum Pressurea 2,725 80 185
a - Refers to design pressure, there will be lots with pressure between 80 and 100 psi
3.2.2. Upper Pressure Zone
Any lot at an elevation above 2,818 feet will be in the upper pressure zone and cannot
be served by the wells alone. There are three separate areas of the development in
the upper pressure zone that includes all or portions of development phases 6, 7, 8,
9, 10, 11, 12, 13, 14, 15, 20, 21, and 22. There are two proposed options for serving
the upper pressure zone: (1) construct a reservoir at an approximate elevation of
3,100 feet to serve the entire development by gravity or (2) construct one or more
reservoirs at an approximate elevation of 2,900 feet to be supplied from the lower
pressure zone distribution system and use booster pumps to pressurize the upper
pressure zones.
Option 1 is summarized in Table 9 and Figure 4 in Appendix B. Option 1 would include
the following:
• A storage tank located in the southeast corner of the development at an elevation
of approximately 3,100 feet. This is the only location on the property with enough
elevation.
• Dedicated high pressure pipelines between the wells and the storage tank, and
between the storage tank and upper pressure zones in the north and southwestern
parts of the property.
• Four different pressure zones: upper gravity zone between an elevation of 3,018
feet and 2,925 feet, upper reduced pressure zone between elevations 2,925 and
2,833 feet, middle reduced pressure zone between elevations 2,833 and 2,740 feet,
and lower reduced pressure zone below elevation 2,740 feet. Pressure reducing
valves would be required between these pressure zones.
• New higher-head pumps installed in the wells.
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Table 9. Summary of upper pressure zone supply option 1
Pressure Zone Service Level Elevation Pressure
(ft) psi Feet
Reservoir Hydraulic Grade Line 3,110
Gravity Level Minimum Pressure 3,018 40 92
Maximum Pressure 2,925 80 185
Upper PRV Hydraulic Grade Line 3,018
Level Minimum Pressure 2,925 40 92
Maximum Pressure 2,833 80 185
Middle PRV Hydraulic Grade Line 2,925
Level Minimum Pressure 2,833 40 92
Maximum Pressure 2,740 80 185
Lower PRV Hydraulic Grade Line 2,833
Level Minimum Pressure 2,740 40 92
Maximum Pressure 2,648 80 185
Option 2 is summarized in Table 10 and Figure 5 in Appendix B. Option 2 would
include the following:
• One or more storage tanks located at an elevation of approximately 2,900 feet, with
at least one constructed prior to development phases 6 and 7. The storage tank(s)
would be filled from the distribution system, with the same well pumps that were
used for initially serving the lower pressure zone but operated at a slightly higher
pressure of 60 psi.
• The gravity pressure zone would extend from approximately elevation 2,818 feet
with a statics pressure of 40 psi to the lowest elevation in the development of 2,706
feet. The static pressure at this elevation is estimated to be about 88 psi.
• Above an elevation of 2,818 feet, booster pump stations will be used to maintain
system pressure between 40 and 100 psi.
o One booster pump station will be needed to serve the upper pressure zone
of phases 6 and 7. This pump station could serve the expected highest
elevation of 2,940 feet; the static pressure at the bottom of the pressure
zone is estimated to be 96 psi.
o Another booster pump station will be needed to serve the upper pressure
zone of phases 8 through 15. This pump station could serve the expected
highest elevation of 2,950 feet; the static pressure at the bottom of the
pressure zone is estimated to be 98 psi.
5 Design minimum pressure requirements at the planning stage is based on a static pressure of 40 psi
with the understanding that a dynamic pressure of 40 psi will ultimately be required. Final pressure
zone elevations will be determined after hydraulic modeling of the system.
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o A third booster pump station will be needed to serve the upper pressure
zones of phases 21 and 22. The booster pump station will serve the highest
elevation lots in these phases, assuming a maximum elevation of 2,980 feet.
Due to the elevation difference between the highest elevation lots and the
top of the gravity pressure zone, pressure reducing valves will be required
to keep pressure below 80 psi for lots below an elevation of 2,888 feet.
Table 10. Summary of upper pressure zone supply option 2
Pressure Zone Service Level Elevation Pressure
N psi Feet
Reservoir Hydraulic Grade Line 2,910
Gravity Level Minimum Pressure 2,818 40 92
Maximum Pressurea 2,725 80 185
Hydraulic Grade Line 3,039
Lower Booster
Level 1 Minimum Pressure 2,946 40 92
Maximum Pressurea 2,854 80 185
Hydraulic Grade Line 3,045
Lower Booster
Level 2 Minimum Pressure 2,952 40 92
Maximum Pressurea 2,860 80 185
Upper Booster Hydraulic Grade Line 3,073
Level Minimum Pressure 2,980 40 92
Maximum Pressure 2,888 80 185
Hydraulic Grade Line 2,980
PRV Level Minimum Pressure 2,888 40 92
Maximum Pressure 2,795 80 185
a- Refers to design pressure, there will be lots with pressure between 80 and 100 psi
The recommended option for serving the upper pressure zone is Option 2 for the
following reasons:
• Option 2 is more compatible with minimizing up-front costs because it avoids
installing a large reservoir and associated infrastructure (piping, roads, etc.) in an
area that isn't planned for development until phase 12. At least one option 2
reservoir would need to be installed concurrent with development phase 6
construction. The booster pump stations could be constructed as needed as
development proceeds; they would not be required up-front.
• Option 2 does not require replacing the well pumps.
• Option 2 does not require dedicated high-pressure pipelines between the wells and
the storage tank and between the storage tank and upper pressure zones in other
areas of the development.
• Option 2 does not entail several pressure-reducing zones with associated pressure-
reducing stations.
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4. GROUNDWATER SUPPLY
4.1. Introduction
The source of supply for the proposed Dry Creek Ranch public water system are two
wells, constructed to public water system standards. The IRPDWS require that public
water systems that provide fire flow shall provide the maximum day demand plus fire
flow with any pump out of service. In addition, the IRPDWS require two wells for
community water systems with more than 25 connections served by groundwater, with
the peak hour demand provided with one well out of service. Based on the above two
conditions, both supply wells must provide at a minimum the larger of the maximum
daily demand plus fire flow or peak hour demand, until storage is provided.
4.2. Local Hydrogeology
The surficial geology of the Dry Creek area is described as sandy alluvium of side-
stream valleys and gulches, consisting of Quaternary-age medium to coarse sand
interbedded with silty fine sand and silt'. The Dry Creek valley occurs with a transition
zone between fluvial and Iacustrine sediments of the Glenns Ferry formation'.
Sediment composition in the valley exhibits a high degree of spatial variability.
There are three separate aquifer systems in the Dry Creek area. These are the
shallow aquifer, the deep aquifer, and the geothermal system$. The shallow aquifer is
recharged from rainfall, losing streams, and irrigation. The depth to this system is
quite variable, and generally follows surface topography. Groundwater flow is in a
west-southwest direction, from the foothills to the topographic lows of the area.
The deep aquifer occurs at depths greater than 400 feet in the Glenns Ferry formation.
This aquifer is composed of interbedded sands, silts, clays, and basalt. This aquifer
is a confined system, with contrasting permeabilities creating high vertical gradients
resulting in artesian flow. The groundwater flow direction in the deep aquifer is
approximately the same as the shallow aquifer.
The geothermal aquifer system is associated with major structural features, including
major faults. The groundwater is heated as hot water moves upward from deep
fractures within the Idaho batholith through secondary fracturing into Glenns Ferry
sediments.
6 Othberg, K.L. and L.R. Stanford. 1992. Geologic Map of the Boise Valley and Adjoining Area,
Western Snake River Plain, Idaho. Idaho Geological Survey.
' Baker, S.J. 1991. Groundwater conditons in the Dry Creek area, Eagle, Idaho. Idaho Department
of Water Reousrces Open-File Report, 27 pages.
8 Mink, L.L. and D.L. Graham. 1977. Geothermal potential of the west Boise area. Prepared by
Boise State University for the Energy Research and Development Administration, 33 pages.
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4.3. Anticipated Well Capacity
The anticipated capacity of each proposed well ranges from 2,000 to 3,000 gpm based
on testing of an existing on-site irrigation well located near the proposed well locations.
This on-site irrigation well is referred to as the "Big Pump" well. The "Big Pump" well
has a completion depth of 218 feet, and is screened between 144 to 154 feet, between
164 and 174 feet, between 184 and 194 feet, and between 204 to 214 feet. The well
is screened in sand and gravel and coarse sand. A driller's report is included in
Appendix D.
Static water level in the "Big Pump" well after completion was 15 feet below ground
surface. This well was initially tested at 2,400 gpm with a drawdown of 16 feet after 8
hours, equal to a specific capacity of 150 gpm per foot. The well was also tested at
2,950 gpm with a drawdown of 19 feet, equal to a specific capacity of 155 gpm per
foot. This testing suggests a very productive aquifer in the vicinity of the well at depths
ranging from approximately 140 to 215 feet below ground surface.
Testing of other wells on the property suggest that aquifer productivity declines to the
west9:
• The Corn Well, located about 3,000 feet west of the proposed wells, was reportedly
drilled to a depth of 400 feet. The maximum discharge from this well has been
estimated to be 0.6 cfs (270 gpm).
• The Barn Well, located about 3,200 feet west of the proposed wells, was reportedly
drilled to a depth of 400 feet. The maximum discharge from this well has been
estimated to be 0.8 cfs (360 gpm).
• The Pasture Well, located about 2,400 feet west of the proposed wells, was
reportedly drilled to a depth of 400 feet. The maximum discharge from this well has
been estimated to be 0.8 cfs (360 gpm).
• Well 10, located about 7,300 feet west of the proposed wells, was drilled to a depth
of 400 feet and was tested at 5 gpm.
• Well 11, located about 6,000 feet west of the proposed wells, was drilled to a depth
of 300 feet, and was tested at 1 gpm.
As the ground elevation drops on the property to the west, the groundwater
piezometric surface rises above ground surface resulting in artesian conditions, as
evidenced by wells on the property located west of the proposed wells.
There are other wells in the area that suggest the potential for municipal groundwater
development:
• An irrigation well drilled for Frank Smith was completed to a depth of 162.5 feet in
1960. This well is perforated or screened from 59 to 67 feet, 89 to 99 feet, and from
9 Water Supply Assessment for Dry Creek Ranch, prepared by SPF Water Engineering, February 13,
2006.
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142 to 162 feet in layers of sand and gravel. The static water level after completion
was measured at 18 feet below ground surface. The well was tested at 2,160 gpm
with a drawdown of 28 feet after 6 hours, equal to a specific capacity of 77 gpm per
foot. This well is located about 2,600 feet west of the proposed wells. A copy of
the driller's report is included in Appendix D.
• An irrigation well drilled for Ben Stadler in 1962 was drilled to a depth of 244 feet.
This well is perforated from 209 to 242 feet in gravel. The well had a static water
level of 28 feet below ground surface after construction, and was tested at 2,000
gpm for 8 hours. No drawdown is reported on the driller's report. This well is
located about 5,500 feet northwest of the proposed wells. A copy of the driller's
report is included in Appendix D.
4.4. Groundwater Quality
The proposed wells will target water-bearing zones between a depth of 150 and 300
feet. Water quality sampling from nearby wells suggests the groundwater at this depth
should meet primary and drinking water standards.
Water quality samples recently collected from the "Big Pump" well, screened in
intervals from 144 to 214 feet, show a moderate level of arsenic of 0.0061 mg/L; the
maximum contaminant level (MCL) is 0.010 mg/L. The iron concentration is below the
detection limit of 0.05 mg/L. The nitrate concentration is low at 1.9 mg/L; the MCL is
10 mg/L.
Water quality samples were also collected by SPF in 2005 from the "Big Pump" well.
Results are summarized below:
• The concentration of arsenic was 0.005 mg/L, half the MCL.
• Iron concentration of 0.06 mg/L, below the secondary standard of 0.30 mg/L.
• The manganese concentration was below detection limit of 0.05 mg/L.
• The concentration of nitrate was 1.6 mg/L, below the MCL of 10 mg/L.
• Fluoride concentration was 0.24 mg/L, below the secondary standard of 2.0 mg/L
and the MCL of 4.0 mg/L.
• The total dissolved solids concentration was 156 mg/L, below the secondary
standard of 500 mg/L.
• The water had a hardness of 128 mg/L, considered to be moderately hard.
The "Big Pump" well was also sampled in 1991 as part of the IDWR Statewide
Groundwater Quality Monitoring Program. Results from that sampling event are
similar to more recent sampling, except arsenic was detected at a higher concentration
of 0.008 mg/L. Gross alpha, an indicator of uranium, was detected at a concentration
of 2.0 pCi/L. This result suggests that uranium should not occur at problematic levels.
Sampling from deeper wells on the property suggests a decrease in arsenic
concentration with depth. Water quality samples were collected from another on-site
irrigation well called the Paine well in 2016. This well, located about 4,000 feet west
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of the proposed wells, reportedly has a total depth of 525 feet. The Paine well
produces groundwater low in arsenic, iron, and nitrate (all below their respective
detection limits). Sampling from this well in 2005 show high levels of fluoride (3.91
mg/L); elevated fluoride concentrations suggest a potential geothermal influence at
this well.
Samples were collected from the Corn well in 2005 by SPF. This well, located about
3,000 feet west of the proposed wells, has a reported depth of 400 feet. The Corn well
produces water low in arsenic, iron, manganese, and nitrate, but with elevated fluoride
(2.79 mg/L).
The Hot Well on the property was reportedly drilled to a depth of 997 feet. The
temperature of the water from this well has been measured at up to 107°F. A search
of geothermal wells in the area suggests elevated temperature (80°F) at depths as
shallow as 255 feet, but the proposed wells are not expected to encounter water with
elevated temperature.
The proposed wells, at a maximum depth of 300 feet, should produce water meeting
primary and secondary drinking water standards. The groundwater is expected to
have low to moderate levels of arsenic and fluoride and low levels of iron, manganese,
and nitrate.
4.5. Water Rights
There is a municipal water right permit 63-32423 appurtenant to the property. This
permit authorizes the diversion of 5 cfs (2,244 gpm) and has an annual volume of
1,764 acre-feet per year. A copy of the permit is included in Appendix E.
There are also 2.84 cfs (1,275 gpm)of irrigation groundwater rights appurtenant to the
property. Of this 2.84 cfs of irrigation groundwater rights, 1.7 cfs is supplemental to
surface water from Dry Creek and likely can't be used unless surface water is not
available. The remaining 1.14 cfs are primary irrigation groundwater rights. In the
future, these irrigation rights could conceivably be transferred to municipal use, or
retired/abandoned as mitigation to obtain a new municipal water right permit for the
property, potentially bringing the total municipal water right diversion to 7.84 cfs (3,518
gpm)•
5. PUBLIC WATER SYSTEM PHASE 1
5.1. Overview
The conceptual water supply plan includes phasing of water system infrastructure to
most cost-effectively develop the property. The proposed first phase of the public
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water system will serve residential development in the lower pressure zone, below an
expected elevation of 2,818 feet. The source of supply for the phase 1 public water
system is expected to include the two proposed wells, well pumps, and a well house.
Both supply wells will provide at a minimum the larger of the maximum daily demand
plus fire flow or peak hour demand, until storage is provided.
Design, permitting, and construction of phase 1 of the water system is expected in the
near future. A PER describing siting and construction of the two proposed wells is
being submitted concurrently with the Facility Plan. A PER and plans and
specifications for a future well pumping facility and phase 1 distribution system will be
submitted for IDEQ review after completion of the wells.
5.2. Anticipated Development
It is expected that Dry Creek Ranch can be developed through phase 5 with only the
wells as the source of supply (phase 1 of the water system plan). The development
through phase 5 will be in the lower pressure zone. The maximum daily demand
through development phase 5, without a separate PI system or water conservation, is
estimated to be approximately 1.41 MGD or 1,000 gpm. The peak hour demand is
estimated to be approximately 2,100 gpm. The fire flow demand is expected to be
1,500 gpm10
To meet the residential demands through phase 5, both of the supply wells must be
capable of producing at least 2,500 gpm (maximum daily demand plus fire flow). The
anticipated capacity of each proposed well ranges from 2,000 to 3,000 gpm.
Development in other phases in the lower pressure zone may occur as long as the
maximum daily demand plus fire flow does not exceed well capacity.A PI system could
be installed to reduce demand on the municipal system if municipal well capacity is
insufficient to meet development phasing objectives.
Once the maximum day demand plus fire flow or the peak hour demand exceeds the
well capacity, then storage and booster pumps will be required. Well capacity will not
be known until the wells are constructed and tested.
5.3. Anticipated Well Construction
The proposed wells will be constructed and tested to public water system standards.
The wells will be constructed with mild steel casing, stainless steel well screen, with
filter pack and a full-length surface seal. The well casing must extend at least 18
inches above final grade or at least 12 inches above the well house floor. The well
casing must extend above the 100-year flood level.
10 Assumes no commercial development or Type V-B (not fire-rated) construction unless approved
automatic fire sprinklers are provided.
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Well 1" will be located inside the well house and be equipped with a lineshaft vertical
turbine pump. The target production rate for this well is 2,700 gpm, the maximum
diversion allowed assuming a new 6.14 cfs municipal water right. The well casing
diameter is expected to be 18-inch outside diameter steel (17.25-inch inside diameter).
Well screen is expected to be 12-inch diameter stainless steel, placed in water-bearing
zones between 150 and 300 feet. The maximum well depth is anticipated to be 300
feet.
Well 2 will be located outside the well house and will be equipped with submersible
pumps. The target production rate for this well is 2,500 gpm, the maximum daily
demand plus fire flow through development phase 5. Well 2 will be equipped with up
to three submersible pumps to meet demands ranging from approximately 50 to 2,500
gpm. The casing diameter is expected to be 26-inch outside diameter steel (25-inch
inside diameter). Well screen is expected to be 12-inch diameter stainless steel,
placed in water-bearing zones between 150 and 300 feet. The maximum well depth
is anticipated to be 300 feet.
5.4. Proposed Well Locations and Well Lot
The IRPDWS require that the designated well lot be owned by the water supplier or
controlled by lease or easement with terms not less than the useful life of the well.
The well sites will be approved by IDEQ prior to construction. The well lot shall be
large enough to provide a setback of 50 feet between the wells and the property line.
Additional well setback distances as identified in the IRPDWS include:
• 50 feet from any potential source of contamination including gravity non-potable
lines, surface water, stormwater facilities, etc.
• 100 feet from sewer force mains and any septic tanks or drainfields
• 500 feet from a wastewater treatment plant
The proposed well locations and well lot are shown on Figure 6 in Appendix B. The
proposed well locations meet the setback requirements set forth in the IRPDWS. The
well locations are more than 500 feet from Dry Creek. In addition, the wells will be
separated by 110 feet to minimize pumping interference between wells, and impacts
to operating wells in the event that an adjacent well is being serviced (redeveloped,
disinfected, etc.). The well locations are in the NE '/4 of the NE '/4 of Section 36, T5N
R1 E, as required by the municipal water right 63-32423.
The well lot as shown on Figure 6 is approximately 110 feet by 220 feet, or
approximately '/2 acre. The well lot will include two (2) wells and the well house, plus
backup generator. Access will be provided to the well lot for operation and
maintenance. If a third well is needed in the future, then the lot will need to be
expanded to at least 0.8 acres.
" Well 1 is named as such because it is expected to be constructed first.
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5.5. Well Pumps and Controls
Well 1 will be equipped with a lineshaft vertical turbine pump with a capacity of 2,700
gpm. The expected bowl diameter is 14 inches. Assuming a discharge pressure of
55 psi and a conservative well specific capacity of 80 gpm per foot, the total dynamic
head (TDH) for the pump is 186 feet. A 200-hp motor is anticipated for this pump. A
VFD is planned for control of the lineshaft vertical turbine pump motor.
Well 2 will be equipped with up to three submersible pumps to meet demands ranging
from approximately 50 to 2,500 gpm. The anticipated pumps include a nominal 12-
inch diameter submersible turbine with a rated capacity of approximately 1,800 gpm,
and two 6-inch pumps with capacities of 350 gpm each. Assuming a discharge
pressure of 55 psi and a conservative well specific capacity of 80 gpm per foot, the
total dynamic head (TDH) for the 12-inch pump is 175 feet and the required
horsepower is 100 hp. The TDH for the 6-inch pumps is 156 feet and the required
horsepower is 25 hp.
Well 2 will be equipped with a vented pitless unit with buried discharge to connect this
well to the well house. The two 6-inch pumps are expected to be controlled by variable
frequency drives (VFDs) to meet variable system demands at a constant pressure.
The 12-inch pump is expected to be constant speed.
5.6. Well House and Site Details
The well house will contain Well 2 and the required mechanical and electrical
equipment for the operation of the two well pumping systems. Mechanical equipment
will be provided for operation of the system and to meet the IRPDWS. The discharge
piping from each well shall be equipped with a smooth nose sample tap, pressure
gauge, isolation valve, pressure relief valve, accessible check valve and instantaneous
and totalizing flow meter. Pressure tanks will be provided as needed to prevent
excessive pump cycling.
An air/vacuum valve will be provided on the discharge piping of the lineshaft turbine
pump upstream of the check valve to allow air to enter and leave the column pipe
when the pump stops and starts. A combination air valve will be provided on the
common discharge piping downstream of the check valves to allow large quantities of
air to enter and leave the piping during filling and draining and small quantities of air
to leave during normal operation. The air valve outlets will be screened and provided
with an air gap.
The ability to flush each well independently to waste at the design capacity of the well
prior to the first service connection will be provided. The common pressure relief
line/flush line will discharge to the exterior of the well house into a flush manhole or
flush cone, through a screened outlet with an air gap. A gravity waste line to a flush
pond will be provided to dispose of flush water and water released through the
pressure relief line during a high-pressure event.
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The well house will be constructed to meet the IRPDWS:
• Building will be protected from flooding and be adequately drained.
• The floor will be greater than 6 inches above surrounding grade.
• The building will be of durable construction (fire and weather resistant).
• Heat will be provided to prevent freezing of pipes and equipment.
• Ventilation will be provided as required by local and/or state codes.
• The well house will have locking doors to prevent unauthorized access. The well
lot may be fenced for additional security.
• No hazardous materials will be stored in the well house.
• Floor drain will be provided to accommodate leaks and minor discharge from pump
packing box, floor drain will discharge to gravel sump located at least 30 feet from
well.
• A roof hatch will be provided for pump removal and servicing.
A CMU building with a shingled or metal seam gable roof is proposed for the well
house.
5.7. Treatment
The groundwater produced from the proposed wells is expected to meet primary and
drinking water standards based on available water quality data. Therefore, treatment
is not anticipated to meet water quality standards. If any primary drinking water
standard is exceeded, treatment will be provided.
For a water distribution system of this size, chlorination is recommended to maintain
a disinfection residual. The chlorination system could be initially sized to serve the
initial development phases and then up-sized for treatment at full build-out.
5.8. Standby Power
The IRPDWS requires that new community public water systems have dedicated on-
site standby power (or storage) to pressurize the water system for 8 hours at average
day demand plus fire flow. Standby storage requires the storage of water for 8 hours
at average day demand. Because storage is not initially planned for phase 1 of the
water system, backup emergency power will be required for both well pumping
systems.
5.9. Water Distribution System
The water distribution system for phase 1 is expected to include 16-inch through 12-
inch water mains. Hydraulic modeling will be used to design the distribution system,
including pipe size and layout. Design of the water distribution system will be described
in more detail in the distribution system PER.
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The minimum bury depth of the water mains will be 4 feet. The water mains will be
installed using bedding, backfill, and compaction practices per the Idaho Standards of
Public Works Construction (ISPWC). Pipe fittings and accessories will be restrained
with thrust blocks per the plans. The water mains will be hydrostatically tested per the
project specifications and ISPWC requirements. The water mains will be disinfected,
flushed, and tested for microbial contamination per the project specifications and
AWWA C651 requirements. Isolation valves will be installed throughout the
distribution system to allow the system to be repaired or replaced while maintaining
service to the remainder of the system. The distribution system will meet all other
applicable requirements of the IRPDWS.
A minimum separation distance of 10 feet shall be maintained between potable and
non-potable lines. Any non-potable line crossings will meet the vertical separation
requirements between potable and non-potable lines as described in the IRPDWS.
6. PUBLIC WATER SYSTEM PHASE 2
6.1. Introduction
Phase 2 of the water system is anticipated to include one or more new water storage
reservoirs and booster pump stations. Phase 2 will be required once either the fire
flow increases to 2,500 gpm, development proceeds into the upper pressure zone
(above elevation 2,818 feet), or development exceeds well capacity(the greater of fire
flow plus maximum day demand or peak hour demand).
There are two proposed options for serving the upper pressure zone: (1) Construct a
reservoir at an approximate elevation of 3,100 feet to serve the entire development by
gravity or (2) construct one or more reservoirs at an approximate elevation of 2,900
feet to be supplied from the lower pressure zone distribution system and use booster
pumps to pressurize the upper pressure zones. As discussed is Section 3.2.2 of this
report, Option 2 is the recommended approach and is presented in greater detail
below.
Design, permitting, and construction of phase 2 of the water system is not expected
for several years and is dependent upon the timing of development phasing.
6.2. Storage Tank
The new reservoir(s) will include fire suppression storage, equalization storage, and
dead storage. The assumed volume for fire storage is 2,500 gpm for 2 hours, equal
to 300,000 gallons. Equalization storage is the storage required to account for the
difference between a water system's maximum pumping capacity and the peak hour
demand. Dead storage is volume not available for use and is typically assumed to be
the bottom 6 inches and 6 inches below overflow in the tank. Operational storage (the
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volume needed to account for the sensitivity of water level sensors and pump
operation) is not needed because the storage tank will be supplied from the distribution
system.
With equalization storage, each supply well must be capable of meeting the maximum
daily demand with any source out of service. The projected maximum daily demand
at full build-out, without a separate PI system or water conservation plan, is estimated
to be 5 MGD or 3,500 gpm (7.8 cfs). Irrigation demand on the municipal system could
be reduced to 4.5 MGD (3,100 gpm) by installing a separate PI system to irrigate 85
acres. It is possible but unlikely that the two new wells will each be able to pump 3,100
gpm.
Therefore, to meet the projected water demands at full build-out, either irrigation
demand must be reduced, a third well constructed, or an alternate source of municipal
or irrigation water must be obtained. The most likely course of action at this time is to
construct a third well, which must be approved by IDEQ prior to construction.
Connecting to an existing public water system (Suez or Eagle Water) has been
evaluated. This option is currently not desirable due to cost. However, distribution
system sizing and layout may be designed to accommodate future connections to one
or both of these entities to allow for a future water system inter-connection.
For this conceptual water system design, two scenarios are considered: (1)a third well
is constructed to meet the estimated maximum daily demand at full build-out of 3,500
gpm (5 MGD) and (2) internal or external measures are taken to reduce the Dry Creek
Ranch water system maximum daily demand to 2,500 gpm (3.6 MGD).
To estimate the equalization storage volume, the IDEA design file note Reservoir
Sizing — Public Water Systems (dated April 30, 1998) was used. The design file note
assumes a constant inflow over 24 hours and reservoir outflow follows a maximum
daily demand curve 12. Equalization storage is conservatively calculated assuming a
well capacity equal to the maximum daily demand (either 3.6 MGD or 5 MGD). If the
well capacity exceeds the maximum daily demand, the required equalization storage
volume will be reduced accordingly.
Assuming a well capacity equal to a maximum daily demand of 2,500 gpm, the
required equalization storage volume is calculated to be 810,000 gallons. The total
required tank volume is estimated to be 1.2 million gallons. Assuming a single tank
diameter of 100 feet, tank overflow height is calculated to be 20 feet. Alternatively,
more than one tank could be constructed, with a total volume of at least 1.2 million
gallons. The storage tank(s) will be bolted or welded steel or concrete. The volume
components of water storage under this scenario are summarized in Table 11.
12 Design Standards for Public Water Supplies, Department of Social and Health Services, Health
Services Division, Washington Office of Environmental Programs, 1973.
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Table 11. Design parameters of water storage tank, scenario 1
Storage Components Dimension Unit Assumptions
Tank Diameter 100 ft Tank diameter
Fire Storage 300,000 gal Fire flow of 2500 gpm for 2 hours
Equalization Storage 810,000 gal Well capacity equals maximum daily demand
Dead Storage 58,748 gal 0.5 ft at bottom and 0.5 ft below overflow
Total Water Volume 1,168,748 gal Design volume for water storage
Tank Overflow Height 19.9 ft Height to tank overflow
Total Tank Volume 1,198,713 gal Includes volume above overflow(0.5 ft)
If a maximum daily demand of 3,500 gpm is assumed with an equal well capacity, the
required equalization storage volume increases to 1.13 MG. The total required tank
volume is estimated to be approximately 1.5 million gallons. Assuming a single tank
diameter of 100 feet, the tank overflow height is calculated to be over 25 feet. More
than one tank could be constructed with a total volume of at least 1.5 million gallons.
The storage tank(s) will be bolted or welded steel or concrete. The volume
components of water storage under this scenario are summarized in Table 12.
Table 12. Design parameters of water storage tank, scenario 2
Storage Components Dimension Unit Assumptions
Tank Diameter 100 ft Tank diameter
Fire Storage 300,000 gal Fire flow of 2500 gpm for 2 hours
Equalization Storage 1,134,000 gal Well capacity equals maximum daily demand
Dead Storage 58,748 gal 0.5 ft at bottom and 0.5 ft below overflow
Total Water Volume 1,492,748 gal Design volume for water storage
Tank Overflow Height 25.4 ft Height to tank overflow
Total Tank Volume 1,522,877 gal Includes volume above overflow 0.5 ft
The recommended elevation of the water storage tank(s) is approximately 2,900 feet,
and the recommended location for the tank is in phase 6 or 7 since it is expected that
the tank will be needed for these phases. A proposed tank location is shown on Figure
7 in Appendix B. This figure also shows the 2,900-ft contour line through the
development to allow for the selection of alternate tank locations. At this elevation,
the tank would be filled from the distribution system, using the same well pumps initially
installed for supplying the lower pressure zone. The pumps would need to be operated
at a slightly higher pressure to fill the tank.
With a storage tank at this elevation, development below an elevation of 2,818 feet
would be supplied by gravity flow from the tank. The static pressure at the lowest
SPF Water Engineering Page 27 Dry Creek Ranch
934.0070 January 3, 2017 Facility Plan
Att. 7-31

anticipated elevation in the development (2,706 feet) would be 88 psi. Individual
pressure reducing valves would not be required for residences at the lowest
elevations but may be needed based on customer request.
The storage tank(s) must meet the requirements of the IRPDWS, including
construction to provide protection from contamination and being equipped with access,
drain, overflow, and vent.
6.3. Booster Pump Stations
Any development above an elevation of 2,818 feet would need to be supplied from a
booster pump station. Three booster pump stations are anticipated to serve high
elevation lots in phases 6, 7, 12, 13, 21, and 22. Proposed locations of booster pump
stations are shown on Figure 7 in Appendix B. The booster pump stations could be
installed on a common lot or open space.
Each booster pump station must meet the requirements of the IRPDWS. Each booster
pump station will be required to have a minimum of two pumps that can meet the
greater of peak hour demand or maximum daily demand plus fire flow with the largest
pump out of service. For these stations, the maximum daily demand plus fire flow is
the determining factor for design.
The discharge line of the booster pumps will be provided with appurtenances as
required by the IRPDWS. Each pump will have isolation valves to allow for operation
and maintenance, pressure gauges on each suction and discharge line, and an
accessible check valve. Each booster pump station will have a flow meter and a
pressure relief valve. Pressure tank(s) will be installed as needed to meet low
demands. Automatic cut-offs will be provided for each booster pump to prevent pump
damage in the event of low suction pressure (less than 5 psi). It is expected that at
least one of the pumps will be equipped with a VFD. Each booster pump station will
need to have backup emergency power.
The booster pump stations will need to be housed in an above-ground structure or
enclosure, protected from flooding, and of durable, fire- and weather-resistant
construction with lockable doors. Heat will need to be provided to prevent freezing.
Ventilation will need to be provided to conform to local and state requirements. No
hazardous materials can be stored in the structure.
6.3.1. Booster Pump Station 1
Booster pump station 1 will serve the upper pressure zone of phases 6 and 7. Over
70 lots are located in this upper pressure zone. The estimated peak hour demand of
these lots (residential plus irrigation) is nearly 450 gpm; the maximum daily demand is
estimated to be 220 gpm. The booster pump station will be sized to pump maximum
daily demand plus fire flow (assumed to be 1,500 gpm) to the upper pressure zone.
Design parameters are summarized in Table 13.
SPF Water Engineering Page 28 Dry Creek Ranch
934.0070 January 3, 2017 Facility Plan
Att. 7-32

This pump station will serve the expected highest elevation of 2,940 feet; the static
pressure at the bottom of the pressure zone at 2,818 feet is estimated to be 96 psi.
This pump station could be located near the storage tank, at an elevation of
approximately 2,900 feet. A proposed location of booster pump station 1 is shown on
Figure 7 in Appendix B.
6.3.2. Booster Pump Station 2
Booster pump station 2 will serve the upper pressure zone of phases 8 through 15,
which includes nearly 280 lots. The estimated peak hour demand of these lots
(residential plus irrigation) is over 850 gpm; the maximum daily demand is estimated
to be 420 gpm. The booster pump station will be sized to pump maximum daily
demand plus fire flow(assumed to be 1,500 gpm)to the upper pressure zone. Design
parameters are summarized in Table 13.
This pump station will serve the expected highest elevation of 2,950 feet; the static
pressure at the bottom of the pressure zone at 2,818 feet is estimated to be 98 psi.
The recommended location for this pump station is at an elevation of approximately
2,818 feet to provide adequate suction pressure. A proposed location of booster
pump station 2, at an elevation of approximately 2,818 feet in phase 8, is shown on
Figure 7 in Appendix B.
6.3.3. Booster Pump Station 3
Booster pump station 3 will serve the upper pressure zone of phases 21 and 22.
Detailed planning for these phases has not been done, but the upper pressure zone
is estimated to include about 150 lots. The booster pump station will be sized to pump
maximum daily demand plus fire flow, estimated to be 1,800 gpm. The peak hour
demand is estimated to be 600 gpm. Design parameters are summarized in Table 13.
This pump station will serve the expected highest elevation of 2,980 feet. Due to the
elevation difference between the highest elevation lots and the top of the gravity
pressure zone at 2,818 feet, pressure reducing valves will be required. One reduced
pressure zone is expected, between elevations of 2,888 feet and 2,818 feet. The
recommended location for this pump station is at an elevation of approximately 2,818
feet to provide adequate suction pressure. A proposed location of booster pump
station 3, at an elevation of approximately 2,818 feet in phase 21, is shown on Figure
7 in Appendix B.
SPF Water Engineering Page 29 Dry Creek Ranch
934.0070 January 3, 2017 Facility Plan
Att. 7-33

Table 13. Design parameters of booster pump stations
ft
Design
Booster PumpElevation HGL Flowa Design Design
Station (ft) ( ) TDHb (ft) HP°
(gpm)
Booster Pump Station 1 2,900 3,039 1,800 139 100
Booster Pump Station 2 2,818 3,045 2,000 145 125
Booster Pump Station 3 2,818 3,073 1,800 173 125
a - Maximum daily demand plus fire flow
b - Includes estimated available suction pressure
c- Does not account for required pumping redundancy
7. WATER SYSTEM OVERSIGHT
7.1. Water System Ownership
The current plan is for the public water system to be privately owned. Conversion to
a regulated public utility may be considered in the future. During project development,
it is expected that the water system will be owned by Boise Hunter Homes. The IDEQ
would be notified of any change in ownership, and any requirements set forth by IDEQ
will be met prior to transfer of ownership.
7.2. Water System Financing
The construction of the public water system will be paid for by the Owner of Dry Creek
Ranch, Boise Hunter Homes. Water system operations and maintenance will be paid
for by Boise Hunter Homes, at least initially. Additional information will be provided in
the technical, financial, and managerial (TFM) capacity document. The TFM
document will be submitted to IDEQ for review with the phase 1 water system plans
and specifications.
7.3. Water System Operation and Management
The water system will be managed by Boise Hunter Homes, at least initially.
Community water systems are required by IDEQ to be supervised by a licensed
operator. A licensed operator will be provided for the water system prior to serving the
public. Additional information will be provided in the operations and maintenance
manual submitted to IDEQ for review prior to serving water to the public.
SPF Water Engineering Page 30 Dry Creek Ranch
934.0070 January 3, 2017 Facility Plan
Att. 7-34

Appendix A
Preliminary Plat
Att. 7-35

H:\!2016\BE-315-1605 BHH Dry Creek\Project Data\Concept\BE-315-1605_PP LAYOUT REVISED.dwg-P.1.0- 11/15/2016 11:03am,melissak
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x z z z m 5700 E.Franklin Rd.
o IIII Suite 160
1 Nampa,ID 83687
S [phone]
o y o PRELIMINARY PLAT OVERALL LAYOUT
W A N N

Appendix B
Figures
Att. 7-37

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Dry Creek Ranch
T
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10
Figure 1 . Vicinity Map of
Dry Creek Ranch
S o 0.25 0.5 SPF WATER
15 Tt
D ENGINEERING
t,h Miles `�:
Att. 7-38

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Figure 2. Current
Development
Phasing Plan
1 1,000 2,000 •
--

Legend
Contours
Phase
Pressure Zone
- <2724 ft
2724-2818 ft 7
- >2818 ft _
6
4 5
1 2
23 3 24
27 24
18 17 00
� ° 8 15 1
° .
4 20 � � 14 ` 9
1 10
IM
1,g M 13 1�1
Figure 3. Service Area of
Lower Pressure Zone
0 1,000 2,000 SPF WATER
Feet \�/ ENGINEERING
Att. 7-40 v

Legend
0 Reservoir
Contours 3
QPhase 2
Pressure Zone
<2740 ft 7
2740-2832 ft
2832-2924 ft 2g24
- 2924-3018 ft O
- >3018 ft 6
2740 4 5
1 2
23 3
24�
17 16
18 2 32 15 8,
20 14 9 0V
N
10
o� �o0 19 13 11
N 92Q
22 0�
12
CIA& 21
Reservoir
Figure 4. Upper Pressure
Zone Supply Option 1
0 1,000 2,000 SPF WATER
Feet � ENGINEERING
Att. 7-41

Legend
Contours
Phase
Pressure Zone
2706-2818 ft(Gravity Zone) Z9gg
2818-2946 ft(Lower Booster Zone)
2818-2952 ft(Lower Booster Zone) 7
2818-2888 ft(PRV Zone) I
2888-2980 ft(Upper Booster Zone)
- >2946 ft(Not Served) 2g�6
- >2952 ft(Not Served)
- >2980 ft(Not Served) 6
4 5
1 2
23 3
24
16
18 17 15 co
20 14 9 00 8
10
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19 11
13
-22 (-0 12
21 N
00
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CD
Figure 5. Upper Pressure
Zone Supply Option 2
0 1,000 2,000 SPF WATER
Feet ` ENGINEERING
Att. 7-42

ResidentialLegend
0 Wells Lot Type
Well Lot Center
MixePhase Village
. Use
Commercial
- School
ResidentialFuture
Common Lot
Open Space
IN j
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Figure 6. Proposed Well Lot
000 2,000 •
--

Legend
® Booster Pump Station
OReservoir
2900-ft Contour
Phase
Pressure Zone
2706-2818 ft(Gravity Zone) 7
- 2818-2946 ft(Lower Booster Zone) Reservoir
- 2818-2952 ft(Lower Booster Zone) 0
2818-2888 ft(PRV Zone) g�
- 2888-2980 ft(Upper Booster Zone) 000
_ >2946 ft(Not Served) 6 N O
>2952 ft(Not Served)
BPS 1
_ >2980 ft(Not Served)
4 5
1 2
23 3
24
18 17 16 BPS 2
15
20 14 9 8_
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29
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Figure 7. Storage Tank and BPS
Locations; Supply Option 2
0 1,000 2,000 SPF WATER
Feet \�/ ENGINEERING
Att. 7-44 v

Appendix C
Letter from Eagle Fire Department
Att. 7-45

�AGLg
rl2v
l E , �
EEAGLE FIRE DEPARTMENT 3
208.939.6463
Eagle,Idaho 83616
flESCUE
T�Re DEPARTME�
RECEIVED
By Ada County Development Services of 10:53 am,Nov 28,2016
Scott Buck,Deputy Fire Marshal
208-939-6463/Fax [phone]
FIRE CODE ENFORCEMENT
Megan Basham, Community and Regional Planner
Ada County Development Services
200 W. Front Street
Boise, Idaho 83702
Reference: 201601258-CPA/FP/HD/S/ZC/ZOA Dry Creek Ranch Planned Community,
RESUBMITTAL DATE 10-6-2016 2nd REVIEW
The Eagle Fire Department has reviewed the above referenced application. The following
comments are from that review.
The fire department does not have any concerns with the Comprehensive Plan Text Amendment,
Zoning Ordinance Text Amendment.
The comments below are regarding preliminary plat.
Dry Creek Ranch Planned Community shall have a signed Development Agreement/ Memorandum
with the Eagle Fire Department in place prior to the recordation of the first final plat for Dry Creek
Ranch.
The application indicates that the development will be served by a private water system. The
water system shall meet the requirements for redundant fire flow capacity as outlined in the DEQ
Rules pertaining to Public Drinking Water Systems. In a letter dated October 3, 2016 from
Mountain Waterworks to Mr. Pfannmuller with Boise Hunter Homes. Mountain Water Works
indicates on page 1 item number 3. That a fire flow of 1,000 gallons per minute for 2 hours will be
provided for phase 1.
Att. 7-46

RECEIVED
By Ada County Development Services of 10:53 am,Nov 28,2016
The 1,OOOgpm is the minimum requirement for fire flow for single family dwellings per Appendix
B section 105.1 of the 2012 edition of the International Fire Code, and only applies to dwellings
3,600 square feet or less in size. This square footage is the total of all floor levels within the
exterior walls, and under the horizontal projections of the roof of a building.As per Appendix B
section B104.1 of the 2012 edition of the International Fire Code
Any dwelling larger than 3,600 square feet shall meet the fire flow requirement in Table B105.1 of
the 2012 International Fire Code.
The minimum fire flow and flow duration for this development shall be as specified in appendix B
of the 2012 edition of the International Fire Code.The number of fire hydrants and the spacing of
those fire hydrants shall be in accordance with appendix C of the 2012 edition of the International
Fire Code.
On page 3 of the same Mountain Waterworks letter under Water System Phasing. Phase 1
indicates a primary well with a capacity of 1,500 gpm. 1,000 gallons for fire flow and 500 gallons
for domestic use. A redundant well is shown with a 500 gpm for domestic use with no redundancy
for fire flow. Redundancy for fire flow shall be required for approval of the development by the
fire department.
Fire hydrant locations and required flow test shall be approved and witnessed by the Eagle Fire
Department prior to any building permits being issued.
The fire department access roads into this subdivision shall be provided and maintained in
accordance with Section 503 and Appendix D of the 2012 edition of the International Fire Code.
This shall include adequate roadway widths, signage, turnarounds and minimum turning radius
for fire apparatus.
Sheet B-4.a Street Sections indicate that two street sections maybe private or public. The fire
department is not in favor of private streets. These streets become problematic with parking
issues that the Ada County Sheriffs Office does not have any jurisdiction over. Therefore these
problems become the HOA's problem and typically become an ongoing issue. Both of the street
sections shown as private or public would have to be posted on one side NO Parking Fire Lane due
to the width of them as required by Appendix D section D103.6.2 of the 2012 International fire
Code. The fire department would recommend not allowing private streets. Unless the private
streets are more than 32 feet in width from face of curb to face of curb on vertical curbing or 32
feet in width from back of curb to back of curb on rolled back curbing.
Several of the Cul-de-sacs throughout the development have a 47 foot radius. The minimum radius
allowed by the 2012 International Fire Code is 48 feet. No landscaping, lighting or planter islands
are allowed in the cul-de-sac.
The resubmitted plat with a revision date of 10/05/2016 is still showing numerous cul-de-sacs
with a 47 foot radius. The fire department will not approve of 47 foot radiuses. The radius for
these cul-de-sacs will have to be a minimum of 48 foot radius as required by Appendix D Figure
D103.1 of the 2012 edition of the International Fire Code.
2
Att. 7-47

RECEIVED
By Ada County Development Services at 10:53 am,Nov 28,2016
The east end of Big Cliff Drive has an approximately 276 foot dead end.Any dead end longer than
150 foot requires a turnaround.A turnaround will have to be installed, in accordance with
Appendix D section 103.4 of the 2012 international Fire Code.
The east end of Applegate way has an Approximately 480 foot dead end.Any dead end longer than
150 foot requires a turnaround. A turnaround will have to be installed, in accordance with
Appendix D section 103.4 of the 2012 International Fire Code.
The minimum inside turning radius for our fire apparatus is 28 feet,insure that all the radiuses for
the street curves and intersections meet this requirement.
A temporary terminus barricade shall be place at the end on Brookside with signage on it stating
"This Street to Be Extended in the Future." Until Brookside is connected to Dry Creek.
Should the developer decide to install secondary access using the crossing at the existing farm
house, it shall be at a minimum of 12 feet in width and capable of carrying the imposed load of
75,000 pounds. The load limit shall be posted at both ends of the crossing.
The development shall comply with the 2012 edition of the International Wildland-Urban
Interface Code,as adopted by Ada County.
The developer shall work with the fire department to provide access to wildland areas in the
development and the wildland adjacent to the development.
The development is strongly encouraged to become a Firewise community and become engaged
as a fire adapted community as Dry Creek is located in the wildland urban interface.
REVIEWED BY:_ CD
�— DATE:
3
Att. 7-48

Appendix D
Well Driller's Reports
Att. 7-49

REPORT OF WELL DRILLER J__J
State of Idaho
State law requires that this report shall be filed with the State Reclamation
Engineer within 30 days after completion or abandonment of thew ' "!
t9�bF Reclam��tiori
WELL OWNER: ize of drilled hole : IGrr Total
.Name Julius Jeker depth of well: 2T ft. Standing water
Address Route # 1�Di�r Creek �tio;:•G level below ground: 15 ft.. Temp.
Fahr. Test delivery: � Q gpm
Boise. Tc.:�h or cfs Pump? F7 Bail
Owner's Permit No. - Size of pump and motor used to make test :
NATURE OF WORK (check) . ff Re lace ent well ]�. Turbine
New well F7 Deepened Abandoned Length of time of test: _Hrs. Min.
Water is to be used for: Drawdown: T6 ft. Artesian pressure: ft.
above land surface Give flow cfs
METHOD OF CONSTRUCTION: Rotary L] Cable or gpm. Shutoffessure:
Dug [7 Other Controlled b Valve 5 Cap D Plug
explain No control L Does well leak around casing?
CASING SCHEDULE: Threaded _ Welded Yes D No D
_�_"Diam. from O ft. to -Z� �ft. DEPTH MATERIAL 4656� WATER
_L "Diam. from�2� ft. to -Z� p ft.�i%Y OM TO YES OR NO
"Diam. from ft. to ft. FEET FEET
"Diam. from ft to ft. 7 Z. Ton soil
Thickness of casing: 174 Material: 4 36 Deco ii;:)o ed gniL--
Steel TRE Co.-:rs concrete � wood � other � �,,. 5F �� � ,
58 72 Gx� vel �,.n�
PERFORATED? Yes No Type of 72 77 ' tz sand
perforator used: 7 785 d R cl
t 1��.�.N s / � I85 395 G
Size of perforations: " by " I95 230
pe� oratsvns—from t. to �/_ft. W
­ ger-f erati-ons—f r o m �f t. to 12�f t.
gecr8tt airs from L ft. to
from, D _ft. to �ft.
WAS SCREEN INSTALLED? Xes ® No
Manufacturer's name_ )�p��� q.ir ) -L)e n-n
Type$LL�-gQ_jrQ.0 Model No.
Diam. `? Slot size /C9 Set from ft. to ft.
Diam. Slot size Set from ft. to. ft.
CONSTRUC ON: Well gravel packed? Yes
No. size of gravel Gravel
placed from ft. to ft. Surface seal --
provided? Yes No ElW To what depth?
ft. Material used in seal:,*
Did an strata contain unusable water? Yes
No. Type of water:
Depth of strata ft. Method of sealing
strata off:
Surface casing used? Yes No. t� -
Cemented in place? Yes Q No
- ._Locate well in section
I I
I I
Work started:
I Work finished:��a� �
I I Well Driller's Statement : This well was
Sec. , drilled under my supervision and this report
is true to the best of my knowledge.
Name :
Address: Route 4. C­lel,,rc-11
I I Signed by
License No. Date : r;,Zq1Cr
LOCATION OF WELL: County__Ac�a
n r 34 s e }C Sec. T. _NI R. E/
Use other side for additional remarks
L S
Att. 7-50

W 11 Lod MForm 1 oYl7 •
- 4�9
WELL LOG .AND REPORT OF THE FEB 2 1966
STATE RECLAMATION ENGENM OF IDAHftartrnLnt of Reclamation
Permit No. ---..._Well No.----County
Locate well in section
e/ ' r
Address --
d� N W 1/a NE 1/4
Driller
Address _02 /Y
Well location_dA,1/4_4.C1/4 Sec.—fl—, T.—!5—'_.N/S, R. X, E/W
S W 1/a SE 1/a
Size of drilled hole--�� ai
__._---____Total depth''of well_.[G.LL
Give depth to standing water from the ground_...../Z.6later temp._____oFahr.
On "Pumping Test'" delivery was. ro�wdown was
P 9 ry �M/.,aq
• feet.
A , ^,{s
Size of pump and motor used to mnke test �i�l /J AZM& Z,-S • 42
Length of time oftest hours—__ ....minutes.
If flowing well, give flow.--_c.f.s. or.---g.p.m. and of shut off pressure
If flowing well, described control works—_____
�1 d4 (TYPE AND SIZE OF VALVE, ETC.)
Water will be used for 1 A, 1 Weight of casing per lineal foot
Thickness of casing-4 Casing material—
(STEEL. CONCRETE, WOOD, ETC.)
Diameter, length and location of casing—j0__
(CASING 12" IN DIAMETER OR LESS. GIVE INSIDE DIAMETER
CASING OVER 12" IN DIAMETER, GIVE OUTSIDE DIAMETER)
CASING RECORD
Diam. From To Length Remarks—seals, grouting, etc.
.._._Feet =:.._Feet
a o I" Q
1,2
Q ' f / C:
Number and size of perforations X � --located /y2--feet to Zi��V.—feetfrom ground
/`11Z
Date of commencement of well�_:� —Date of completion of well v v
Att. 7-51

WELL LOG
eo o. e
g Qx �x
From To a o m g o
Feet Feet Type of Material
to
Ua�
0 11 , Q
91,4
3 7`' e
317 C,44 �I',4 N,!l
3 ,C o A ie
G reVE
to
Z Q i � i � 1Y f'o
6
X-
If more space is required use Sheet No.,.2
WELL DRILLER'S STATEMENT
This well was drilled under my supervision and the above information is true and correct to the best of my know-
ledge and belief.
Signed
By---� _____�---------
License No.
Dated_ 19�1
Att. 7-52

4M11Iuo6E6�osm 1 • • �•~ !����1
AUG 25 M
WELL LOG AND REPORT OF THE eepaftw1t of R"ffiaft
STATE RECLAMATION ENG2MER OF MAHO O 9,'7 9,d,�
Permit No No—County
Loco well In section
Owner, .2 !
Add res NW.Y4 NEY4
C.. ... -.Drtllff,
Address ;a .4
Well IaeeNen �f���/4� �� $ec. �j� T,...' /V 11.�.r�a�,�,
�=�-,r N� r I�
MIA $111/4
Size of drilled hole
___.Total depth of well��
Give depth to standing water from the ground_-t2,g Water temp oFahr.
On 'Pumping Test" delivery M. oor/� &-f.s. Drawdown was fit.
Size of pump and motor used to make test- - " 2dz J ,,d/.W,
Length of time of 11011nutm— `/
If flowing well, give flow c.f.s. or.--a.p.m. and of shut off pressu�
If flowing well, described central werkis
(TYPE AND SIZE OR VAIN[, ETC.)
Wow will be used far of sating per lineal foeR
Thickness of casin= '' Casing-naMr10-1
(STEEL, CONCRETE, WOOD, ETC.)
Diameter, length and location of casing_.,
(CASINO fi" IN DIAMETER OR LESS. GIVE INSIDE OIAMETERt
CAe1NG OVER 12" IN DIAMETER, GIVE OUTSIDE DIAMETER)
Q � f,Q_
z�
CASING RECORD
Dlam. From To Length Remarks—cools, grouting, oh.
Casing Feet Feet
7 C .
1 ` �d a
Number and size of porforations _.L/ from ground
Date of commencement of well of completion of wall_
Att. 7-53

WELL LOG
• N From U N
Feet
Type of Material i3 oil
Feel Fpt
OFF'
I I i
I
I I !
I
I I
I I
If more space is required use Sheet No. 4
WELL DRILLER'S STATEMENT
This well we* &IMW UM 61' My sspt►rvislae aid the above Iefwanetion is eompl®te, true and correct to the best of
nay knowledge and belief,
Signed � —
By—_—_—_/—_
License No._._O!� - �
Dated--------_ —_�, 1 q—_.
Att. 7-54
i

Appendix E
Water Right Permit
Att. 7-55

Water Right Report
Close
IDAHO DEPARTMENT OF WATER RESOURCES
Water Permit Report
11/17/2016
WATER RIGHT NO. 63-32423
Owner TvW Name and Address
Current Owner P&F DRY CREEK LLC
C/O WESTERN HOUSING MGR LLC
4100 HARRY HINES BLVD STE 100
DALLAS, TX 75219
[phone]
Attorney RINGERT CLARK CHARTERED
CHARLES L HONSINGER
PO BOX 2773
BOISE, ID 83701-2773
[phone]
Representative SPF WATER ENGINEERING LLC
C/O KRISTIN BRASTRUP
300 E MALLARD DR STE 350
BOISE, ID 83706
[phone]
Original Owner JMM DRY CREEK LLC
C/O LAND BARON INVESTMENTS
5275 S DURANGO DR
LAS VEGAS,NV 89113
[phone]
Priority Date: 08/22/2006
Status: Active
Source �Tributar
GROUND WATER
Beneficial Use From To Diversion Rate Volume
MUNICIPAL 01/01 12/31 5 CFS I1764 AFA
Total Diversionj 5 CFS
Att. 7-56
http://www.idwr.idaho.gov/...eportAJ.asp?BasinNumber=63&SequenceNumbei-32423&SplitSuffix=%20%20&TypewrWaterPermit=True[11/17/2016 9:10:30 AM]

Water Right Report
Location of Point(s) of Diversion:
GROUND WATER NENE Sec. 36 Township 05N Range 01E ADA County
GROUND WATER NENE Sec. 36 Township 05N Range 01E ADA County
Place(s) of use: Large POU Info
Conditions of Approval:
Project construction shall commence within one year from the date of permit issuance and shall proceed
1. 26A diligently to completion unless it can be shown to the satisfaction of the Director of the Department of Water
Resources that delays were due to circumstances over which the permit holder had no control.
2. 046 Right holder shall comply with the drilling permit requirements of Section 42-235, Idaho Code and applicable
Well Construction Rules of the Department.
Place of use is within the area served by the public water supply system of JMM Dry Creek LLC. The place of
3. 128 use is generally located within Sections 1 and 2, Township 4 North, Range 1 East; Sections 25, 35, and 36,
Township 5 North, Range 1 East; and Section 30, Township 5 North, Range 2 East; B.M.
4. 180 A map depicting the place of use boundary for this water right at the time of this approval is attached to this
document for illustrative purposes.
5. Water bearing zone to be appropriated is 100 ft. to 300 ft. below ground surface.
6. R19 The right holder shall maintain a totalizing measuring device of a type approved by the Department as a part of
the diverting works.
7. 01 M After specific notification by the Department, the right holder shall report to the Department the amount of
water diverted annually in connection with this right.
8. 073 Diversion and use of water with a temperature greater than 85 degrees Fahrenheit is not authorized under this
right.
Rights 63-2535, 63-4023B, 63-4086B, 63-7123, 63-17454, 63-32266, and 63-32423 when combined shall not
9. X35 exceed a total diversion rate of 7.84 cfs and a total annual maximum diversion volume of 1764.0 of at the field
headgate.
The right holder shall carry out the "Dry Creek Ranch Aquifer Monitoring Plan: April 2008." See Exhibit E of
10. the January 14, 2009, Water Rights Agreement between Dry Creek Rural Neighborhood Association and JMM
Dry Creek LLC.
To prevent injury to senior water right holders: a. Diversion under this right shall be initially limited to 1,234.8
of(70% of 1764.0 af) for a minimum period of three years and until such time that the right holder can
demonstrate to the Director that the aquifer can sustain greater diversions under the right. Demonstration shall
require (1) a minimum of two years with recorded annual diversions under the right in excess of 1,000 afa, (2)
water levels at a well in the NENE, Sec. 36, T05N, ROLE, B.M., also known as the Jeker Big Pump well and as
USGS well no. 05NO I E3 6AAB 1, (or an acceptable replacement well) that recover on an annual basis to at
least 60 feet below ground surface, and(3)water-level monitoring for other wells monitored by the right
holder in accordance with condition no. 12 does not show water level declines that would injure senior water
11. rights owners. b. Upon successful demonstration to the Director of sustainable aquifer capacity to support
diversions under this right in excess of 1,234.8 afa, the right holder may increase the annual volume diverted
under the right up to a maximum of 1764 afa. c. The Director shall have the authority to reduce the annual
diversion volume limits under this right at any time upon (1) a showing that diversions under the right are
injuring senior water rights and(2) failure of the right holder to adequately mitigate injury to senior water
rights to the satisfaction of the Director. d. The diversion volume limits under right 63-32423 shall not be
reduced or limited due to water-level declines or injury to senior rights resulting from diversions under water
rights with priority dates junior to right 63-32423. e. This condition is not intended to establish a reasonable
pumping level pursuant to Idaho Code § 42-226.
Att. 7-57
http://www.idwr.idaho.gov/...eportAJ.asp?BasinNumber=63&SequenceNumbei-32423&SplitSuffix=%20%20&TypewrWaterPermit=True[11/17/2016 9:10:30 AM]

Water Right Report
For this condition, the term "use" shall be defined as the water delivered to and used on a single parcel of land
identified in the county records and served water under this right. No later than February 15 of each calendar
year during the authorized development period for this permit, the right holder shall: a. Identify and estimate a
diversion rate and volume for all uses under the right that will exceed the individual domestic use limits as
defined by Idaho Code § 42-111(1)(a) and(b) during the year. Uses under this right that exceed the individual
use limits of Idaho Code § 42-111(1)(a) and(b) are considered to be 100% consumptive. Such uses shall be
mitigated through reduction of one acre of irrigation use under water rights 63-2535, 63-402313, 63-408613, 63-
7123, 63-17454, and 63-32266 for each 2.7 acre feet of water diverted under this right. b. Identify all uses
under the right that will meet the individual domestic use limits as defined by Idaho Code § 42-111(1)(a) and
12. (b) during the year and estimate an annual diversion volume for these uses. Such uses shall be mitigated
through reduction of one acre of irrigation use under water rights 63-2535, 63-4023B, 63-4086B, 63-7123, 63-
17454, and 63-32266 for each 4.5 acre feet of water diverted under this right. c. Reduce the number of acres to
be irrigated under Rights 63-2535, 63-4023B, 63-4086B, 63-7123, 63-17454, and 63-32266, sufficiently to
provide the required mitigation for items "a" and"b" above. d. Report to the Department the volume of water
to be used for municipal purposes in connection with this permit during the year. e. Report the number of acres
required to mitigate for the municipal use, along with the water right numbers, diversion rates, and annual
diversion volumes associated with those acres. f. Report the location of the lands that will be irrigated during
the forthcoming irrigation season with water diverted under Rights 63-2535, 63-4023B, 63-4086B, 63-7123,
63-17454, and 63-32266. The location shall be reported in map, GIS shapefile, and PLS tabular forms.
Once designated in an annual report as mitigation for the use of water for municipal purposes under this right,
13. irrigation of designated lands under Rights 63-2535, 63-402313, 63-4086B, 63-7123, 63-17454, and 63-32266
shall not be resumed unless this right is reduced through the appropriate administrative or legal process, as
determined by the Department.
Upon receiving the right holder's annual report, the Department will change the official records for Rights 63-
14. 2535, 63-4023B, 63-4086B, 63-7123, 63-17454, and 63-32266 to show where diversion and use of water is not
authorized because the rights, or portions thereof, are being dedicated to mitigation purposes.
15. The owner of Right 63-32423 shall maintain ownership of the mitigation portions of Rights 63-2535, 63-
4023B, 63-4086B, 63-7123, 63-17454, and 63-32266.
The diversion and use of water described in Right 63-32423 may be subject to additional limitations agreed to
16.020 by the protestant(s) and the right holder under separate agreement to which the Department is not a party and
which may be enforceable by a court of law.
Noncompliance with any condition of this right, including the requirement for mitigation, is cause for the
17. 140 director to issue a notice of violation, cancel or revoke the right, or, if the right is included in a water district,
request that the watermaster curtail diversion and use of water.
Dates:
Proof Due Date: 03/01/2025
Proof Made Date:
Approved Date: 03/03/2010
Moratorium Expiration Date:
Enlargement Use Priority Date:
Enlargement Statute Priority Date:
Application Received Date: 08/22/2006
Protest Deadline Date: 10/09/2007
Number of Protests: I
Field Exam Date::
Date Sent to State Off:
Date Received at State Off:
Other Information:
State or Federal:
Att. 7-58
http://www.idwr.idaho.gov/...eportAJ.asp?BasinNumber=63&SequenceNumbei-32423&SplitSuffix=%20%20&TypewrWaterPermit=True[11/17/2016 9:10:30 AM]

Attachment 8
Major Equipment

Dry Creek Water Company
Asset List
Water Rights Service Year # Description
Irrigation and Municipal 1938-2010 1764 afa Irrigation, Municipal
7.84 cfs
Production Equipment Service Year # Description
Well 1 2017 1 3,500 gpm
- Pump/VFD 2017 1 250 hp vertical turbine
Well 2 2017 1 2,500 gpm
- Pump/VFD 2017 1 150 hp submersible
- Pump/VFD 2017 2 30 hp submersible
Generator 2017 1 Used
Well 3 2022 1 3,500 gpm
Wellhouse 1 2017 1 Stick Construction
Wellhouse 2 2017 1 Stick Construction
Wellhouse 3 2023 1 Stick Construction
Booster Pumping Station 2025 1 Work in Progress
Storage Reservoir, 500,000 gallons 2025 1 Work in Progress
Municipal Delivery Equipment Service Year # Description
Mainline from wells to sewer plant 2017 2 miles 10", 12" PVC
Mainline to storage tank 2022 0.5 miles 16" PVC
Mainline wells to NE Booster 2022 0.33 miles 12" PVC
Water Mains 2017-2023 7.1 miles 8", 10" PVC
Meters 2023 2 4"
Meters 2017-2024 7 2"
Meters 2017-2024 133 1"
Meters 2017-2024 448 3/4"
Hydrants 1 2017-2025 1 114 1 Privately owned
Meter Reading Equipment Service Year # Description
R100 Collectors 2023 2 Sensus
Collector Antennas 2023 2 Omni
Collector Modems 2023 2 Cellular
Radios 2023-2024 590 Sensus
Att. 8-1

Dry Creek Water Company
Asset List
Irrigation/Farm Equipment&Vehicles Service Year # Description
Big Pump Well 1968 1
Pump/VFD for Big Pump Well 2024 1 100 hp submersible
Pump/VFD for Dry Creek 2023 1 40 hp
Irrigation Pipeline, buried 2017-2024 7,000 ft 8", 10" PVC
Irrigation Mainline, surface 2017, 2023 2,000 ft 6" aluminum w/risers
Irrigation Pipeline, buried Unknown 1,875 ft 4" steel, unknown
Pivot 2017 1 8 tower, used
Pivot 2017 1 3 tower, used
Pivot 2017 1 2 tower, used
Wheel line with mover 2017 3 Used
Wheel line with mover 2023 1 Used wheel line, new mover
New Holland Tractor 2023 1 100 hp
Disc 2023 1 New
Harrow 2024 1 New
Rake 2024 1 Used
Baler 2024 1 New
Bale Handler 2024 1 New
Swather 2024 1 Used
Cultipacker 1 2024 1 1 jUsed
Att. 8-2

Attachment 9
Metered Production

DRY CREEK WATER COMPANY, LLC
Monthly Metered Municipal Well Production
2021 2022 2023 2024
Consumption Consumption Consumption Consumption
Month (kgal) (kgal) (kgal) (kgal)
Jan 783 1,370 2,612 2,758
Feb 617 1,778 2,293 2,670
Mar 1,056 2,034 2,268 3,195
Apr 1,222 1,806 2,494 12,056
May 2,202 3,204 6,665 18,541
Jun 7,352 4,080 14,995 30,678
Jul 12,186 9,318 15,714 35,205
Aug 15,996 16,471 19,907 31,126
Sep 17,705 25,738 16,215 28,260
Oct 17,096 20,680 5,477 --
Nov 10,559 12,778 2,990 --
Dec 3,100 7,972 2,584 --
89,873 107,228 94,214 164,489
Att.9-1

Attachment 10
Service Connections

Dry Creek Water Company
Service Connections
As of October 17, 2024:
Residential 573
Commercial 0
Other 40
• Sewer Plant
• HOA (pays 1 monthly fee plus usage on all meters)
• Riding Arena (big gun sprinklers, stock watering, soccer field)
Additional connections:
Approximately 113 residential lots are platted and available for
sale. Each lot is equipped with meters pits at the property
easement.
Att. 10-1

Attachment 11
Rates and Tariff

Dry Creek Water Company LLC
Tariff No. 1
Sheet 1
Recurring Charges
Residential and Metered Rates
Meter Size (in) Monthly Per Volume Charge
Meter Charge (Per 1,000-gallon unit)
3/4 $47.50 $2.00/unit
1 $47.50 $2.00/unit
2 $47.50 $2.00/unit
3 $47.50 $2.00/unit
4 $47.50 $2.00/unit
Conditions of Contract: The Customer shall pay the total of the Monthly Per Meter
Charge and the Volume Charge. The Volume Charge is determined by the meter
installed by the Company. The Per Meter Charge is not prorated when the Customer
has been a Customer for a partial billing period. The Commodity Charge applies to
each full 1,000-gallon unit used. There is no charge for partial units.
Example:
Customer A uses 24,320 gallon in one month.
Full units used = 22,320 gallons /1,000 gallons per unit= 24 units
Commodity Charge = $2.00 x 22 units = $44.00
Monthly Charge = $47.50
Customer A's total bill = $91.50
Note: The Dry Creek Ranch HOA owns numerous metered connections servicing the
common areas and facilities. The rate schedule for the HOA is $47.50 monthly, plus the
commodity charge of $2.00/1,000 gallons used across all metered connections.
DEQ Fee
Purpose: The Idaho Department of Environmental Quality (IDEA) assesses a fee to fund
its drinking water program.
Applicability: All Customers
Rate: $0.34 monthly per Customer
Approved Per IPUC Order No. Issued by Dry Creek Water Company LLC
Effective January 1, 2025
Att. 11-1

Dry Creek Water Company LLC
Tariff No. 1
Sheet 2
Non-Recurring Charges
Connection Fee: $500.00
Service Call or Meter Test: $ 50.00
Insufficient Funds Fee: $ 25.00
Reconnection Fee:
During Business Hours: $100.00
After Business Hours: $150.00
Normal business hours are 8:00 am to 5:00 pm Monday through Friday except for legal
holidays recognized by the Idaho State Government Offices.
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 The Idaho Public Utilities Commission Relations Rules (UCRR) are
specifically incorporated by this reference. In the event that there is a
conflict between the UCRR and this Tariff, the UCRR shall take
precedence unless an exception has been granted in writing.
Approved Per IPUC Order No. Issued by Dry Creek Water Company LLC
Effective January 1, 2025
Att. 11-2

Dry Creek Water Company LLC
Tariff No. 1
Sheet 3
1.3 All recurring and non-recurring charges shall be approved in advance
by the Commission.
1.4 Ownership of system, all water mains, valves, fittings, hydrants, and
other appurtenances, except "Customer Service Lines", as defined shall
be the property of Dry Creek Water Company, LLC, herein referred to
as the "Company."
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— Dry Creek Water Company, LLC.
2.6 Connection or Hook-Up Fee — a non-recurring charge paid by a
Customer requesting service for partial or full recovery of the
Company's cost of providing a new service connection.
2.7 Contribution in Aid of Construction — a non-recurring charge paid by a
Customer or developer to help defray the cost of system expansion.
2.8 Customer - a person, business or government agency responsible for
paying bills and complying with the rules and regulations of the
company.
2.9 Customer Charge — a recurring fixed charge to recover a portion of
the cost of meter reading and billing.
2.10 Customer Service Lines — all water system facilities installed between
the Customer unit and the meter.
Approved Per IPUC Order No. Issued by Dry Creek Water Company LLC
Effective January 1, 2025
Att. 11-3

Dry Creek Water Company LLC
Tariff No. 1
Sheet 4
2.11 Fixed or Flat Rate — a recurring charge of a fixed amount, usually in an
unmetered system.
2.12 Franchise Tax — the tax imposed on a Company by a governmental
entity for the privilege of doing business within its boundaries.
2.13 Late Payment Charge — the non-recurring charge levied against any
delinquent balance.
2.14 Minimum Charge — the minimum recurring charge for a billing period
that may or may not include a specified quantity of water.
2.15 Non-recurring Charges — the charges that are not assessed each
billing period.
2.16 Premises — the Customer's property including out buildings which are
normally located on one lot or parcel of ground.
2.17 Rate Schedule - the schedules of all recurring and non-recurring
charges of the Company.
2.18 Reconnection Charge — the charge paid by a Customer to the
Company to restore service after disconnection.
2.19 Recurring Charges — the charges that are assessed each billing period.
2.20 Service Connection — the meter, radio, meter box and meter cover.
2.21 Tariff— the rate schedules and the rules and regulations which govern
the Company's service.
2.22 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.
Approved Per IPUC Order No. Issued by Dry Creek Water Company LLC
Effective January 1, 2025
Att. 11-4

Dry Creek Water Company LLC
Tariff No. 1
Sheet 5
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 a 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.
3.6 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.
Approved Per IPUC Order No. Issued by Dry Creek Water Company LLC
Effective January 1, 2025
Att. 11-5

Dry Creek Water Company LLC
Tariff No. 1
Sheet 6
5. RATES
5.1 Rates charged for water service and supply shall be those published in
the Company's tariff and approved by the Commission.
6. 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 upon notice subject to the provisions of the UCRR.
6.4 The monthly per meter Customer charge shall apply when service is
provided for less than one month.
6.5 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
Approved Per IPUC Order No. Issued by Dry Creek Water Company LLC
Effective January 1, 2025
Att. 11-6

Dry Creek Water Company LLC
Tariff No. 1
Sheet 7
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.
6.6 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 All water delivered by the Company to its Customers shall be metered
through water meters. 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 within the sole discretion of the
Company.
7.2 The Company's representative shall be given access to the Customer's
Premises at all reasonable hours for the purpose of checking,
inspecting, adjusting, and 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.
Approved Per IPUC Order No. Issued by Dry Creek Water Company LLC
Effective January 1, 2025
Att. 11-7

Dry Creek Water Company LLC
Tariff No. 1
Sheet 8
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 discrimination 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 (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.
7.8 Only authorized representatives of the Company shall open meter
boxes to turn water service on or off except in case of emergency or
when the Company gives permission.
8. CUSTOMER SERVICE LINES: PLUMBING AND APPLIANCES
8.1 All Customer Service Lines including plumbing, piping, fixtures and
appliances on the Customer's side of the service connection will be
paid for, installed and maintained under the responsibility and at the
expense of the Customer or owner of the Premises. The Customer will
provide a shut-off valve in a location accessible to the Company on
each service line that is separate from the meter box.
Approved Per IPUC Order No. Issued by Dry Creek Water Company LLC
Effective January 1, 2025
Att. 11-8

Dry Creek Water Company LLC
Tariff No. 1
Sheet 9
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.
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.
Approved Per IPUC Order No. Issued by Dry Creek Water Company LLC
Effective January 1, 2025
Att. 11-9

Dry Creek Water Company LLC
Tariff No. 1
Sheet 10
9. INSTALLATION OF SERVICE CONNECTIONS
9.1 The service connection (including the meter, meter box and meter
cover) 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:
Approved Per IPUC Order No. Issued by Dry Creek Water Company LLC
Effective January 1, 2025
Att. 11-10

Dry Creek Water Company LLC
Tariff No. 1
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 the 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.
Approved Per IPUC Order No. Issued by Dry Creek Water Company LLC
Effective January 1, 2025
Att. 11-11

Dry Creek Water Company LLC
Tariff No. 1
Sheet 12
11.4 A Reconnection Fee may be charged each time a Customer is
disconnected, either voluntarily or involuntarily, and reconnected at
the same Premises. The Reconnection Fee will be paid before service
is restored. Reconnection fees shall not be charged for any situation or
circumstance in which the Customer's water supply is disconnected by
the Company for its convenience.
11.5 The Company reserves the right at any time, upon notice, to shut off
the water for maintenance or expansion and, in emergencies, may do
so without notice. The Company shall at all times use reasonable
diligence and care to prevent interruption of said water service.
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 on file with the
Idaho Public Utilities Commission.
13. MISCELLANEOUS
13.1 No Customer shall permit any person from another Premises to take
water from his or her water service or tap without the written
permission and consent of the Company.
13.2 No unauthorized person shall tap or any water main, distribution pipe
or fire hydrant or insert any cock, stop cock or any other fixture or
appliance or alter or disturb any service pipe, corporation stop, curb
stop, gate valve, water hydrant, water meter or other attachment,
being part of the Company's water system and attached thereto.
Approved Per IPUC Order No. Issued by Dry Creek Water Company LLC
Effective January 1, 2025
Att. 11-12

Dry Creek Water Company LLC
Tariff No. 1
Sheet 13
Violations of this provision may result in disconnection, being
reported to law enforcement and a fine of up to $1,000 per violation.
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 the 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 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, (including but not limited to the meter and readings thereof)
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.
13.10 The Company shall use reasonable efforts to provide continuous water
service to its Customers. The Company shall not be held liable for
Approved Per IPUC Order No. Issued by Dry Creek Water Company LLC
Effective January 1, 2025
Att. 11-13

Dry Creek Water Company LLC
Tariff No. 1
Sheet 14
damages to any Customer or water use by reason of any stoppage,
interruption or loss of pressure of water or other loss caused by a
scarcity of water, accidents to works, water main alterations, additions
or repairs, acts of God, acts of third persons, government interference,
or causes beyond the Company's control.
14. SPECIAL PROVISIONS OR AMENDMENTS
14.1 It is the Customer's responsibility to comply with the Company's Cross
Connection Control Policy available at the Company's website.
Specifically, annual inspections by an Idaho licensed tester shall be at
the Customer's expense, and the Customer shall be responsible for
repairs or replacement of faulty devices. The Company, at its sole
discretion, may elect to hire a contractor to complete the annual
testing for the entire community and add the cost to each Customer's
bill following testing. The Company will issue a notification each year
if it elects to contract the testing service. The notification will include
the testing rate that will be added to each Customer bill and
instructions for opting out of the group testing program.
14.2 It shall be the responsibly of the Customer to keep the area within
three (3) feet of a fire hydrant clear from snow, trees, brush, weeds,
growth, fences, or any other obstructions if a fire hydrant is located
upon or adjacent to the customer's Premises.
Approved Per IPUC Order No. Issued by Dry Creek Water Company LLC
Effective January 1, 2025
Att. 11-14

Attachment 12
Customer Notice

6 DRY CREEK WATER COMPANY, LLC
November 6, 2024
Dear Valued Customers,
We are writing to inform you of an important change regarding your water service at Dry Creek
Ranch. Effective January 1, 2025, Dry Creek Water Company (Water Company) will be a
regulated utility. In anticipation of this change, the Water Company will begin serving water and
billing residents directly for water use. The Dry Creek Ranch HOA will no longer provide water
or issue related water bills.
What is changing?
• Water bills will come from Dry Creek Water Company, LLC.
• Dry Creek Ranch HOA will not have any responsibilities related to water service.
What is not changing?
• The billing address and payment portal will not change. Your account at PSN Payment
Portal will automatically be transferred to the Water Company. You do not need to sign
up again.
• The billing schedule will remain the same.
Questions?
If you have any questions or concerns about these changes, please do not hesitate to reach out
to us. You can contact us at:
Dry Creek Water Company, LLC
923 S Bridgeway PI
Eagle, ID 83616
208-618-2147
Alternatively, you can also contact the Idaho Public Utilities Commission at:
PO Box 83720
Boise, Idaho 83720-0074
[phone]
We appreciate your understanding and patience as we transition to this new structure.
Sincerely,
�
An
Dicke PE
Water and Sewer Manager
923 S Bridgeway Place I Eagle, ID 83616 1 208-577-5501
Att. 12-1

Attachment 13
Sample Bills and Notices

Attachment 13.1
Sample Bill

6 DRY CREEK WATER COMPANY, LLC ACCOUNT STATEMENT [1/4]
2976 E. STATE ST. For the Period of 8/11/2024 to 9/10/2024
SUITE 120#426 Service Address 14730 N POWER WAY
EAGLE, ID 83616
Account Number Due Date Amount Due
01-00001591-00-3 1 10/05/2024 $49.50
Questions about your Statement
- DCW0917A www.drycreekutilities.com
4000000001 1/1
� [e-mail] 1 [phone]
Homeowner Name Office Hours
Address 1 8:00 AM-5:00 PM
Address 2 Monday-Friday
WATER USAGE
Current Account Activity
Type Previous Current 45
WATER USAGE 277 278 sage 40
35
30
�
25
Charges CU
Prev Bal 8.50 zo
$7
Receipt 9/6/2024 $78.50 15
WATER BASE $47.50 10 to
WATER USAGE $2.00 5Cur Charges $49.50 0 0 0 0 0o
0
Total $49.50 1 2 3 4 5 6 7 8 9 10 11 12
Period
IMPORTANT MESSAGE
EMERGENCY SERVICES CALL [phone]
Payment Coupon Please return this portion along with your payment. Make your check payable to: DRY CREEK WATER CO, LLC
Account Information Account Number Due Date Amount Due
Account Number 01-00001591-00-3 01-00001591-00-3 10/05/2024 $49.50
Service Address 14730 N XXXXXX
Last Payment $78.50
Service Period 8/11/2024 to 9/10/2024
Billing Date 9/15/2024 Amount
Enclosed
Homeonwer Name
Address 1 Return this coupon with your payment made payable to:
Address 2
DRY CREEK WATER COMPANY, LLC
2976 E STATE ST.SUITE 120#426
EAGLE, ID 83616-6394
Att. 13.1-1

Attachment 13.2
Sample Termination Notices

DRY CREEK WATER COMPANY, LLC
6 2976 E State St
Suite 120, #426
Eagle, ID 83616
[e-mail]
[phone]
Notice of Intent to Terminate Service
Account number:
Service address:
Termination date:
Balance due:
You are hereby notified that you are delinquent in payment for water service provided to you
by Dry Creek Water Company, LLC. The balance owed on your account is indicated above.
If this balance is not paid or if payment arrangements are not made before the date shown
above your water service will be disconnected. Unless otherwise requested, partial
payments will be applied toward utility service charges first, and charges for non-utility
services cannot be used as a basis for termination. See IDAPA 31.21.01.305.
To avoid termination of service you must contact us before the termination date to make
payment arrangements or to pay in full. Please call on weekdays between 8 AM and 5 PM or
mail your payment to the address above.
Termination may be delayed by:
• Providing a medical certificate advising of the existence of a medical emergency; or
• Filing a complaint regarding the proposed termination with the Idaho Public Utilities
Commission, PO Box 83720, Boise, ID 83720-0074, 800-432-0369 or
208-334-0300.
Service will not be terminated prior to resolution of a filed complaint. Termination of service
does not relieve you of your obligation to pay for all services prior to termination. If you are
unable to pay your bill in full, we may assist you by making payment arrangements.
Should service be terminated, a reconnection fee must be paid in addition to the balance due
prior to restoration of service.
Reconnection fees:
During Office Hours: $100.00 208-577-5503
After Office Hours: $150.00 208-614-2147
Remember, your water will be turned off on or after the termination date shown above unless
you act before that date.

DRY CREEK WATER COMPANY, LLC
2976 E State St
Suite 120, #426
Eagle, ID 83616
[e-mail]
[phone]
Final Notice - Water Termination
Account number:
Service address:
Termination date:
Balance due:
You recently notified that you are delinquent in payment for water service provided to
you by Dry Creek Water Company, LLC. The balance owed on your account is
indicated above.
If this balance is not paid or if payment arrangements are not made before the date
shown above your water service will be disconnected.
To avoid termination of service you must contact us before the termination date to
make payment arrangements or to pay in full. Please call on weekdays between 8
AM and 5 PM or mail your payment to the address above.
Should service be terminated, a reconnection fee must be paid in addition to the
balance due prior to restoration of service.
Reconnection fees:
During Office Hours: $100.00 208-577-5503
After Office Hours: $150.00 208-614-2147
If you are unable to pay your bill in full, we may be able to 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.

Attachment 13.3
Annual Rules Summary

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