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HomeMy WebLinkAbout20250102Flying H Ranch to Staff 1-10.pdf RECEIVED January 2, 2025 IDAHO PUBLIC Michael P. Lawrence [ISB No. 7288] UTILITIES COMMISSION GIVENS PURSLEY LLP 601 West Bannock Street P.O. Box 2720 Boise, Idaho 83701-2720 Office: (208) 388-1200 Fax: (208) 388-1300 mpl@givenspursley.com 18714549[17936-11 Attorneys for Flying H Trailer Ranch, Inc. BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF CAPITOL WATER ) CORPORATION'S PETITION REQUESTING ) CASE NO. CAP-W-24-03 AN INVESTIGATION INTO FLYING H ) TRAILER RANCH, INC. ) RESPONSES TO IPUC COMMISSION STAFF'S FIRST PRODUCTION REQUEST TO FLYING H TRAILER RANCH,INC. Flying H Trailer Ranch, Inc. ("Flying H" or "Company"), by and through its attorneys of record, submits the following objections and responses (collectively, "Responses") to the First Production Request of the Commission Staff to Flying H Trailer Ranch, Inc. dated December 13, 2024 ("Production Request"). The following responses are based upon such discovery and investigation as has been completed by Flying H to date after reasonable inquiry of all available sources. The following responses are given without prejudice to Flying H's right to produce at hearing evidence of any subsequently discovered information or facts,facts which Flying H may later recall,or information and/or facts omitted as a result of good faith oversight. Flying H reserves the right to supplement or amend any and all responses herein as additional facts are ascertained and analyses are made RESPONSES TO IPUC COMMISSION STAFF'S FIRST PRODUCTION REQUEST TO FLYING H TRAILER RANCH, INC. 1 and as provided by the Idaho Rules of Civil Procedure and procedural rules of the Idaho Public Utilities Commission. The responses contained herein are made in a good faith effort to supply as much information as is presently known, but shall in no way prejudice the right of Flying H in relation to further discovery, research and analyses. PRELIMINARY OBJECTIONS Each of the objections set forth in this section is incorporated into each of Flying H's Responses as though set forth verbatim therein. Flying H objects to the Production Request to the extent they purport to impose duties and obligations beyond those contemplated by the applicable Idaho Rules of Civil Procedure and Commission Rules of Procedure. Flying H's responses below respond to the Production Request in accordance with the standards that exist under Idaho law. Flying H's Responses below are made subject to all objections as to competence,relevance, materiality, and admissibility. These Responses are subject to all objections that would require the exclusion of any statement, material, or information herein provided if such requests were asked of, or any statement, material, or information provided were made by, witnesses present and testifying in court. All such objections are hereby made and reserved and may be interposed at the time of hearing. No incidental or implied admissions are intended by Flying H's Responses below. The fact that Flying H has responded to any Production Request or part thereof is not an admission that Flying H accepts that the request or the responses or objections thereto constitute admissible evidence. The fact that Flying H has responded to all or part of a request is not intended as, and shall not be construed as, a waiver by Flying H of all or part of any objection to other requests. RESPONSES TO IPUC COMMISSION STAFF'S FIRST PRODUCTION REQUEST TO FLYING H TRAILER RANCH, INC. 2 Flying H's response to any request herein does not constitute a waiver of Flying H's right to object to any future additional or supplemental discovery request regarding the same or similar matters. Flying H specifically objects to the Production Request to the extent it seeks information protected by the attorney-client privilege, the work product doctrine, and the rules governing discovery relating to experts as set forth in the Idaho Rules of Civil Procedure 26(b).This objection applies to all discovery requests that seek such information. Flying H, to the extent possible, has construed each request as requesting only information and/or documents not subject to any applicable protection. Finally, Flying H specifically objects to the Production Request to the extent it seeks information that is premature at this stage of the matter. Flying H's responses will be supplemented as appropriate in accordance with applicable case deadlines. DATED this 2nd day of January, 2025. Michael P. Lawrence Attorney for Flying H Trailer Ranch, Inc. RESPONSES TO IPUC COMMISSION STAFF'S FIRST PRODUCTION REQUEST TO FLYING H TRAILER RANCH, INC. 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 2nd day of January, 2025, a true and correct copy of the foregoing document was filed and served on the following in the manner indicated: Commission Staff Via Electronic Mail Monica Barrios-Sanchez, Commission Secretary monica.barriossanchez@puc.idaho.gov Idaho Public Utilities Commission 11331 W. Chinden Blvd., Bldg. 8, Suite 201-A Boise, ID 83714 H. Robert Price info@capitolwatercorp.com Capitol Water Corporation 2626 N. Eldorado St. Boise, Idaho 83704-5926 Michael P. Lawrence RESPONSES TO IPUC COMMISSION STAFF'S FIRST PRODUCTION REQUEST TO FLYING H TRAILER RANCH, INC. 4 FLYING H TRAILER RANCH,INC. CASE NO. CAP-W-24-03 FIRST PRODUCTION REQUEST OF THE COMMISSION STAFF Preparer/Sponsoring Witness: John Evans REQUEST NO. 1: Please provide a copy of the articles of incorporation and bylaws for the Company and Idaho Secretary of State certificates. Also, include the business address and/or mailing address. RESPONSE NO. 1: Copies of the Company's articles of incorporation and bylaws were previously provided to the Commission's Travis Culbertson on October 8, 2024. The same copies are provided with this Response. According to the Ada County Assessor's records,the addresses of the Company's property upon which the Flying H Trailer Ranch is located are: 7701 W. Ustick Rd., Boise, ID 83704 (Ada County Parcel No. R0539000510); 7717 W. Ustick Rd., Boise, ID 83704 (Ada County Parcel No. R0539000600); 7613 W. Ustick Rd., Boise, ID 83704 (Ada County Parcel No. R0539000442); 7606 W. Settlers Ave., Boise, ID 83704 (Ada County Parcel No. R0539003600); and 7628 W. Settlers Ave., Boise, ID 83704 (Ada County Parcel No. R0539003300). The Company's mailing addresses are set forth in the Company's most recent annual report filed with the Idaho Secretary of State, a copy of which is provided. CAP-W-24-03 IPUC Staff PR 1 1of1 -'illIPIIIIIIIIIIIIIIIIII III hIII I III llilll IIIIl WIIIII Ill 11i111IIPIIIII ill fIIIII Ill I Ill IIIIII Ill IIIIIIilIIIIIIIIII Ill IIIIIIIIIII Ill IIIIIIIIIIIIIII ill I Ill IIIIIIIIIIIIIIIIIIIIIII1IIIII Ill IIIIIIIIIIIIIIIIIIIIIIIHIIII Ill I Ill II Ill IIIIIIIIIIII]II Ill II CERTIFICATE OF INCORPORATION OF FLYING H TRAILER RAKH INC. I, PETE T. CENARRUSA, Secretary of State of the State of Idaho, hereby certify that duplicate originals of Articles of Incorporation for the incorporation of the above named corporation, duly signed pursuant to the provisions of the Idaho Business Corporation Act, have been received in this office and are found to conform to law. ACCORDINGLY and by virtue of the authority vested in me by law, I issue this Certificate of Incorporation and attach hereto a duplicate original of the Articles of Incorporation. Dated: Januory 2, 1967 -_ SAT S��� _= SECRETARY OF STATE by: 11lIIIIIIIIIIIiIIIIIIlIIIIIIIIIIUIIUIIIIIIIII IIIlUllllllllllllllllllillllllUllllllllllN11111111111lIIIIIIIIIIIIHIIflllllllllllllllllllllllUIIIIIIlIIIlIIIIIIlIIIEIIIlIIIIIIIIIIIIIIINIIIIIIIIIINIIllllllllllfllllllll�= CIP 185 CAP-W-24-03 IPUC Staff PR 1 Attachment 1 of 5 ARTICLES OF INCORPORATION of A FLYING H TRAILER RANCH, INC. 'o F KNOW ALL MEN BY THESE. PRESENTS: we, the,, undersigned, each being a natural person of full age and a citizen of the United States of America, have voluntarily and do hereby associate ourselves together for the purpose of forming a corporation under the laws of the state of Idaho, Idaho Code, Title 30, Chapter 1, and we do hereby certify, declare and adopt the following Articles of Incorporation. I. The name of this corporation shall be Flying H Trailer Ranch, Inc. II. The period of existence and duration of the life of this corporation shall be perpetual. III. The address of the initial registered office of this corporation is 3806 W. Clement Road, Boise, Idaho, 83704, and the initial registered agent at such address is Beverley H. Koll. Iv. The purposes for which the Corporation is organized is the transaction of any or all lawful business for which corporations may be incorporated under the Idaho Business Corporation Act. ARTICLES OF INCORPORATION - 1 CAP-W-24-03 IPUC Staff PR 1 Attachment 2of5 I V. This corporation shall have aG total authorized capital stock. of Ten. Thousand. Dollars ($10, 000.00) , the aggregate number of shares being ten thousand (10,000). at a par value of one dollar ($1. 010) each. VI.- The name: and post office address of each incorporator is as follows,: Name Address Blaine: F. Evans P.0. Box. 959, Boise., Idaho. 83-701 Robert, J. Koontz P.O., Box 959 Boise, Idaho 8I3701. M. Allyn Dingel P.O.. Box 1.559 Boise, Idaho 83701. VII. The first Board. of Directors, shall. consist of four (4) directors, but during their term of office, or thereafter,, the number of directors may be increased or decreased from time: to time as, may be provided by the bylaws provided, however, that the number of directors constituting a. board. shall not be less than one (1) nor more than five (5) .. The: following persons, are! manned directors of the corpo- ration to, serve until. their successors, are elected and quali- fied: Name Address Luucill.e. Evans, 6700 R,a.ndolph. Drive Boise, Idaho 837091 Francine Dling'e.l. ]1.1.1 G N. 2 4 th Boise, Idaho, 83702 ARTICLES: OF INCORPORATION - 2 CAP-W-24-03 IPUC Staff PR 1 Attachment 3 of 5 Beverley H. Koll 3806 W. Clement Road Boise, Idaho 83706 Cheryl Koontz 267 Schmeizer Lane Boise, Idaho 83706 VIII. All or any meetings of the shareholders, or of the board of directors may be held within or without the state of Idaho. IX. No shareholder of this corporation shall, because of his ownership of stock, have a pre-emptive or other right to purchase, subscribe for, or take any part of any stock or any part of the note, debentures, bonds, or other securities convertible into or carrying options or warrants to purchase stock of this corporation issued, optioned, or sold by it after its incorporation. Any part of the capital stock and any part of the notes, debentures, bonds, or other securities convertible into or carrying options or warranties to pur- chase stock of this corporation authorized by these Articles of Incorporation or by any amended articles duly filed, may at any time be issued, optioned for sale, and sold or dis- posed of by this corporation pursuant to a resolution of its board of directors to such persons and upon such terms as may to such board seem proper without first offering such stock or securities or any part thereof to existing shareholders. ARTICLES OF INCORPORATION - 3 CAP-W-24-03 IPUC Staff PR 1 Attachment 4of5 i� X. The power to repeal and amend. the bylaws. and adopt new bylava, is hereby conferred upon. the directors , as well as upon. the shareholders, to be: exercised by such vote of said. directors, or of the allotted shares, as the case may be, not less,, however,, than. a. majority* thereof, as may be fixed by the bylaws., i IN WITNESS WHEREOF, we have signed triplicate originals of these Articles this, 331st days of December, 1986.. IOU i M,/'A 1 'el. eq STATE: of IDAHO � ss'. County of On this 31-st day of December, 1986, before; me: came the: undersigned, a. notary public- in and for said state, per- sonally appeared Blaine F. Evans, M. Allyn Dingel, and Robert J. Eoontz, known to me to be the: persons whose names, are subscribed. to. the: foregoing Articles of Incorporation, and ackn:owledged. to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal. the day and year in this certificate. first above: written. Sota. Public for Idaho Me:s' ng at: Comm. Expires: ,.,r- V7 ARTICLES OF: INCORPORATION 4 CAP-W-24-03 IPUC Staff PR 1 Attachment 5 of 5 BYLAWS OF FLYING H TRAILER RAN H, INC. L.,,RTICLE 1 SHAREHOLDERS Section 1. Annul and Other Jjqgtings. The annual meeting of the stockholders of the Co poration shall be held either at the office of the Corporation in Boise, in the state of Idaho or at such other place as the board of directors may designate in the call ox in a waiver of notice thereof, on the 31st of December of each year, beginning with the year 1987 (or if such day be a legal holiday, then on the next succeeding day not a holiday) , or at such other time and date as the board of directors may des gnate, for the purpose of electing directors and for he h transaction Of before the such other business as may properly g Other meeting of stockholders may be held at such places as may from time to time by fixed by resolution of the board, by call in a waiver of notice thereof. Section 2. Not__ ice of Meetings, Notice of the time, place, and purpose of every meeting o stockholders shall be delivered personally or mailed not less than 10 days nor more than 5o days previous thereto to each stockholder of record entitled to vote, at his past office address appearing upon the records of the Corporation or at such other address as shall be furnished in writing by him to the Corporation for such purpose. Such further notice stall be given as may be required by law or by these Bylaws. Any meeting may be held without notice if all stockholders entitled to vote are present in person or by proxy, or f notice is waived in writing, either before or after the meeting, by those not present. Section 3. Action by Consent. Any action required or permitted to be taken at any meeting of stockholders may be taken without a meeting, if a copse t in writing, setting forth the action so taken,shall be signed by all of the shareholders entitled to vote with respect to the subject matter thereof. Such consent shall have the same effect as a unanimous vote of shareholders, and may be stated as such in any articles or documents filed with the Secretary of State under this act. 30-1-145. BYLAWS - Z CAP-W-24-03 IPUC Staff PR 1 Attachment 1 of 8 ARTICLE II DIRECTORS Section 1. Number. The Boarl of Directors of the Corporation shall consist of four ( 4 ) persons. The number of directors may be changed by a resolution passed by a majority of the whole board or by a vote of the holders of record of at least a majority of the shares of stock of the Corporation, issued and outstanding a d entitled to vote. Section 2. Meetings, Notice. M etings of the board of directors shall be held at such place either within or with- out the state of Idaho, as may from time to time be fixed by resolution of the board, or as may be specified in the call or in a waiver of notice thereof. Section 3. Action by Consent. Any action required or permitted to be taken at any meeting of the board of direc- tors, or of any committee thereof, may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all the directors, or all of the members of the committee, as the case may be, such consent shall have the same effect as a unanimous vote. 30-1-44. Section 4. powers of Directors.. The board of directors shall have, in addition to such powers as are herein ex- pressly conferred on it, all such pow rs as may be exercised by the corporation, subject to the provisions of the statute, the Articles of Incorporation and the bylaws. ARTICLE III OFFICERS Section 1. Title and Election. The officers of the Corporation, who shall be chosen by the board of directors at its first meeting after each annual meeting of stockholders, shall be a President, and Secretary-Treasurer. The board of directors from time to time may elect one or more vice presi- dents, assistant secretaries, assistant treasurers and such other officers and agents as it shall deem necessary, and may define their powers and duties. Any number of offices may be held by the same person. Section 2 . TerMs of office. The officers shall hold office until their successors are chosen and qualify. Section 3 . Resignations. Any officer may resign at any time by giving written notice to the board of directors or to the Secretary. Such resignation shall take effect at the time specified therein, and, unless specified therein, the acceptance of such resignation shall not be necessary to make it effective. .BYLAWS - 2 CAP-W-24-03 IPUC Staff PR 1 Attachment 2of8 Section 4. Duties of Officers___May Be Dele ated. In case of the absence or disability of any officer of the corporation, or for any other reason hat the board may deem sufficient, the board may delegate, for the time being, the powers or duties, or any of them, of such officer to any other officer, or to any director. ARTICLE 1V INDEMNIFICATIO Section 1. Actions by Others. The Corporation (1) shall indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending, or completed action, suit, or proceedi g whether civil, cri- minal, administrative, or investigative (other than action by or in the right of the corporation) by reason of the fact that he is or was a director or an officer of the Corporation and (2) except as otherwise required. by Section 3 of this Article, may indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding, whether civil, crimi- nal, administrative, or investigative (other than an action by or in the right of the corporation) by reason of the fact that he is or was an employee or agent, of the Corporation, or is or was serving at the request of the Corporation as a director, officer, employee, agent of or participant in another corporation, partnership, jo'nt venture, trust, or other enterprise, against expenses (including attorney fees) , judgments, fines, and amounts actually and reasonably incur- red by him in connection with such action, suit, or pro- ceeding if he acted in good faith and in a manner he reason- ably believed to be in, or not opposed to, the best interests of the Corporation, and with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of a y action, suit or pro- ceeding by judgment, order, settlement , conviction, or upon a plea of nolo contendere or its equ valent, shall not, of itself, create a presumption that the person did not act in good faith and in a manner which he reasonably believed to be in, or not opposed to the best inters is of the Corporation, and, with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful. Section 2 . Actions by o in the Right of the or or - tion. The Corporation shall indemnify any person who was or is a party or is threatened to be made a party to any threat- ened, pending, or completed action or suit by or in the right of the Corporation to procure a judgment in its favor by reason of the fact that he is or was a director, officer, employee, agent of, or participant in another corporation, partnership, joint venture, trust, or other enterprise against expenses (including attorney fees) actually and BYLAWS - 3 CAP-W-24-03 IPUC Staff PR 1 Attachment 3 of 8 reasonably incurred by him in connect'on with the defense or settlement of such action or suit if he acted in good faith and in a manner he reasonably believed to be in, or not opposed to, the best interests of the Corporation and except that 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 for negligence or misconduct in the performance of his duty to the Corporation unless and only to the extent that the Idaho courts in which such action or suit was brought shall determine upon application that, despite the adjudication of liability but in view of all the circumstances of the case, such person is fairly and reason- ably entitled to indemnity for such a enses which the Idaho courts shall deem proper. Section 3. Successful Defense. To the extent that a person who is or was a director, off cer, employee or agent of the Corporation has been successful on the merits or otherwise in defense of any, suit or proceeding referred to in Section 1 or Section 2 of this Article, or in defense of any claim, issue or matter therein, lie shall be indemnified against expenses (including attorney fees) actually and reasonably incurred by him in connection therewith. section 4. Specific Authorization. Any indemnification under Section 1 or section 2 of this hrticle (unless ordered by a court) shall be made by the Corp ration only as author- ized in the specific case upon a determination that indemni- fication of the director, officer, employee, or agent is proper in the circumstances because he has met the applicable standard of conduct set forth in said Sections 1 and 2. Such determination shall be made (1) by th board of directors by a majority vote of a quorum consisting of directors who where not parties to such action, suit or proceeding, or (2) if such a quorum: is not obtainable, or, even if obtainable a quorum of disinterested directors so directs, by independent legal counsel in a written opinion, or (3) by the stock- holders. Section 5. Advance of Expenses Expenses incurred by any person who may have a right of indemnification under this Article in defending a civil or criminal action, suit or proceeding may be paid by the Corporation in advance of the final disposition of such action, suit or proceeding as authorized by the board of director in the specific case upon receipt of an undertaking by or on behalf of the dir- ector, officer, employee, or agent to repay such amount unless it shall ultimately be determined that he is entitled to be indemnified by the Corporation pursuant to this Art- icle. Section 6. Right of Indemnity not Exclusive. The indemnification provided by this Article shall not be deemed exclusive of any other rights to which those seeking indemni- BYLAWS - 4 CAP-W-24-03 IPUC Staff PR 1 Attachment 4of8 fication may be entitled under any bylaw, agreement, vote of stockholders, or disinterested directors or otherwise, both as to the action in his official capacity an as to action in another capacity while holding such office, and shall con- tinue as to a person who has ceased to be a director, of- ficer, employee or agent and shall inure to the benefit of the heirs, executors and administrators of such a person. Section 7 . Insurance. The Corp ration may purchase and maintain insurance on behalf of any person who is or was a director, officer, employee or agent of the Corporation, or is or was serving at the request of the corporation as a director, officer, employee or agent of or participant in another corporation, partnership, joint venture, trust, or other enterprise against any liability asserted against him and incurred by him in any such capa ity, or arising out of his status as such, whether or not the Corporation would have the power to indemnify him against such liability under the provisions of this Article, any section of the Corporate Law of the State of Idaho or otherwise. Section S. Invalidity of _piny revisions of this Art- icle. The invalidity or unenforceabi ity of any provision of this Article shall not affect the validity or enforceability of the remaining provisions of this A ticle. ARTICLE V CAPITAL STOCK Section 1. Regulations. The board of directors may make such rules and regulations as it may deem expedient concerning the issue, transfer, and registration of certifi- cates for shares of the stock and other securities of the Corporation, and may appoint transfer agents and registrars of each class of stock or other sec rities of the Corpora- tion. Section 2 . Certificates. The interest of each stock- holder of the Corporation shall be evidenced by certificates for shares of stock in such form as the board of directors may from time to time prescribe. The certificates of stock shall be signed by the President or a Vice President and by the Secretary, or the Treasurer, and ountersigned and regi- stered in such manner, if any, as the board of directors may by resolution prescribe. Section 3 . Record Dates. The board of directors may fix in advance a date, not less than 1 nor more than 60 days preceding the date of any meeting of stockholders, or the date for the payment of any dividend or the date when any change, conversion, or exchange of capital stock shall go into effect, as a record date for the determination of the stockholders entitled to notice of, arid to vote at, any such .BYLAWS - 5 CAP-W-24-03 IPUC Staff PR 1 Attachment 5 of 8 meeting, or entitled to receive payment of any such dividend, or to receive any distribution or allotment of such rights, or to exercise the rights in respect of any such change, conversion, or exchange of capital stock, and in such case only such stockholders as shall be stockholders of record on the date so fixed shall be entitled to such notice of, and to vote at, such meeting, or to receive payment of such divi- dend, or to receive such distribution or allotment or rights, or to exercise such rights, as the case may be, notwith- standing any transfer of any stock on he books of the corpo- ration after any such record date fixed as aforesaid. Section 4. Lost Certi�te . In the event that any certificate of stack is lost, stolen, destroyed, or muti- lated, the board of directors may authorize the issuance of a new certificate of the same tenor and for the same number of shares in lieu thereof. The board may in its discretion, before the issuance of such new certificate, require the owner of the lost, stolen, destroyed, or mutilated certifi- cate, or the legal representative of the owner to make an affidavit or affirmation setting forth such facts as to the loss, destruction, or mutilation as it deems necessary, and to give the Corporation a bond in such reasonable sum as it directs to indemnify the Corporation. Section 5. Stockholders of Record. The Corporation shall be entitled to treat the holder of record of any share or shares of stock as the holder in fact thereof and accord- ingly shall not be bound to recognize any equitable or other claim to or interest in such share or the part of any other person whether or not it shall have express or other notice thereof, save as expressly provided by the laws of Idaho. ARTICLE VI CHECKS, NOTES, E C. Section 1. Checks, Notes, Etc. All checks and drafts on the corporation's bank accounts and all bills of exchange and promissory notes, and all acceptances, obligations and other instruments for the payment of money, may be signed by such other officer or officers, agent or agents, as shall be thereunto authorized from time to time by the board of dir- ectors. ARTICLE VII MISCELLANEOUS PROVI IONS Section 1. Offices. The registered office of the Corporation shall be in Boise, Idaho. The Corporation may also have an office or offices in any place in Idaho, and at such other places as the board of BYLAWS - 6 CAP-W-24-03 IPUC Staff PR 1 Attachment 6of8 directors may from time to time desig ate, within or without the state of Idaho. Section 2 . Fiscal_ Year. The fi cal year of the Corpo- ration shall be designated by resolution of the board of directors. Section 3. Corporate Seal. The Corporation need not have a corporate seal. Section 4 . Books and Records. rhe books, accounts and records of the Corporation except as otherwise required by the laws of the state of Idaho, may be kept within or without the state of Idaho, at such place or places as may from time to time be designated by the bylaws or by resolution of the directors. Section 5. Dividends. Dividends upon the capital stock may be declared by the board of directors at any regular or special meeting and may be paid in ca h or in property or in shares of the capital stock. Before paying any dividend or making any distribution of profits, the directors may set apart out of any of the funds of the Corporation available for dividends a reserve or reserves for any proper purpose and may alter or abolish any such reserve or reserves. ARTICLE VIII AMENDMENTS Section 1. Amendments. The vote of the holders of at least a majority of the shares of stock of the Corporation, issued and outstanding and entitled t vote, shall be neces- sary at any meeting of stockholders to amend or repeal these bylaws or to adopt new bylaws. These bylaws may also be amended or repealed, or new bylaws ad pted, at any meeting of the board of directors by the vote of at least a majority of the entire board, provided that any bylaw adopted by the board may be amended or repealed by the stockholders in the manner set forth above. BYLAWS — 7 CAP-W-24-03 IPUC Staff PR 1 Attachment 7of8 WE, THE DIRECTORS of this corporation, do hereby file our written assent to the foregoing bylaws, and adopt the same for and on behalf of the Corporation, Lucille Evans Francine Dingel . everle �> Koll Cheryl oont ` WE, THE SHAREHOLDERS of this co poration, holding over two-thirds of the alloted shares ther of, do hereby file our written assent to the foregoing byla s, and adopt the same for and on behalf of the CorporationVA Bl n Eva r M. AIJyr Dingel - y t BYLAWS - 8 CAP-W-24-03 IPUC Staff PR 1 Attachment 8of8 W CD Q0 0006036247 �r•T, Eat STATE OF IDAHO For use OnlyW °•� Office of the secretary of state, Phil McGrane CD C ANNUAL REPORT -FILED- M Idaho Secretary of State N s� tigQ PO Box 83720 File#:0006036247 N ATE o� Boise, ID 83720-0080 Date Filed: 12/27/2024 9:23:32 AM \ (208)334-2301 N Filing Fee:$0.00 J N CD N Entity Name and Mailing Address: XP Entity Name: FLYING H TRAILER RANCH, INC. The file number of this entity on the records of the Idaho 0000258640 Secretary of State is: N W Address RIM TO RIVER PROPERTY MANAGEMENT LLC/JOSH WARE 915 N COLE RD BOISE, ID 83704-8641 Entity Details: Entity Status Active-Good Standing (D This entity is organized under the laws of: IDAHO ~ C If applicable, the old file number of this entity on the records of C82904 the Idaho Secretary of State was: The registered agent on record is: Registered Agent NICK KOONTZ Registered Agent O Physical Address 1-h 1-h 3198 E RIVERNEST DR I-_ BOISE, ID 83706 n (D Mailing Address 83704-5844 O Corporate Officers and Directors: Name Title Business Address �3' N John Evans President 1001 4TH AVE 4400 H SEATTLE,WA 98154 O The annual report must be signed by an authorized signer of the entity. Job Title: Manager U� (D C� n Joshua Ware 1212712024 c--r Sign Here Date ri O W c-t c-t (D CAP-W-24-03 IPUC Staff PR 1 Attachment 1 of 1 Page 1 of 1 Page 1 of 1 FLYING H TRAILER RANCH,INC. CASE NO. CAP-W-24-03 FIRST PRODUCTION REQUEST OF THE COMMISSION STAFF Preparer/Sponsoring Witness: John Evans REQUEST NO. 2: Please provide a geographical map and a legal description reflecting the boundaries area in which the Company provides water service, both in portable document format (PDF). The legal description should be provided using one, or a combination of the following preferred formats: (1) rectangular survey, (2) metes and bounds, and/or (3) lot and block. If the legal description using any of these formats references a platted property, please provide a copy of the recorded platted property from the county recorder's office, including the plat map and legal/property description. RESPONSE NO. 2: See attached aerial photograph depicting the area in which the Company provides water to tenant properties. Please note that 22 tenant properties receive water from Capitol Water Corporation,while the remaining tenants receive water from Flying H's community water system. According to the Ada County Assessor's records,the Company's property upon which the Flying H Trailer Ranch is located comprises all or portions of lots 5-8 and 25-28 depicted in the Amended Plat of Ash Park subdivision, a copy of which is provided. CAP-W-24-03 IPUC Staff PR 2 1of1 .� Ebb 4 •�� Icy � 1+� ■�• V Aw Alyl I� r i - • �1 i•�� '�" t • �� AA �► ' 11 I . Rk t•10,op t • • • �r" — �: ■■ ■ ■ i IA o (` rk 4�k 2G33.5 FT. �26 SZG.OG 326.0G 32G.0G 1G3.03 G3.03 I G3. z, 1G3.03 652.12 570.1 el Z Z ul b V�1 O G CA ou b p w ; � ro _ w i Q _ 1 9 rn p o .{ v ON co N 3 ro o U, 6% Ln02 wo N 0 !� N ON Lo ... 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J On fhi, /7's"day of juhf r+a hoe Sear/90e,deJb+ro nx+ I, 7J.0.ribuen,en, d.he+•esy o.+d:fy{huf Tlaon>a,L.Ma+•fm,a No{w^y.fLhZ.6 t,and fo+•sa+o'Counfr Ixr,er ally the followcny•i r c.+v^eef deaartiplr..a�Wm errajvsared 7froa.k lY7rr{+i.+X+roan•a A,rrre ri L fhe penien W//ox na+»e Land cixluded cir rs srslaacribed!o fhe ocbow oerf f+cer./e a+rd mckrroru!dg-r d{0 me{fiaf he =b wrf;-Loh /and 2,--r South her2f of fhe exeersfed fhe,>me. NG ,of-isaw r I,r 3 N.,Al.I F. 73-:v. Aa.e A,w.f».,, t1n. /fmue he,e.n,b sef my ha d a+ad c11.'red my eff:mac a.,x�vre.•ra�f. �/»a fia{the n>xt ha,6- -.z fhe day and y an fiivf a6oue menf•bned• 7v.�areac fro.+.ae{naa,1,.i.•ueys 11—le rynen the y+r.arxl and ci oorrecf. • - � ^�,„y . Jn /s=:{ax„ rYhen.of llaue haro w+{e ,ei .e..wy... - poi ec a b° COUIVT RoAp 161..06 161.06 /6406 16406 so 161..06 161.06 /61,06 /6'•06 161,06 /6/,O 16A66 16406 3 2./ 322./ 4 3 4 � h M l h /s /s /4 a /z q 10 9 s 7 h b 2 h A _ / h O oM, /7 24- 29 h to M m b /e 23 30 h 3 25, 26 27 26 \ 21 12 k 6i 20 32 h 0) w ye ° ` h b c n d 33 y N \ h 45 4¢ 4/ 40 �7 M el 34 y ° b 35' ' O le 46 43 42 30 38 �l M q O b b S3 co cq 47 49• M o `" N 48 SO s} h M kf B sd S 52ZS7 324d'7 643.15 '�=8e�cer 26A7,6 F t T sp' yCAP.w.24.o2 IPUC Sw11 PR 2 Aitvchm- 2uf2 FLYING H TRAILER RANCH,INC. CASE NO. CAP-W-24-03 FIRST PRODUCTION REQUEST OF THE COMMISSION STAFF Preparer/Sponsoring Witness: John Evans REQUEST NO. 3: Please indicate whether any private water, co-operative, municipal or other Commission regulated water utility customer service territories overlap with the Company water system's service territory. If so, please identify all those that overlap, how they overlap, and explain any effect from the overlapping of territories, such as disputes that may occur or current or future planned agreements for keeping them separated. RESPONSE NO. 3: Objection, the Company's water system does not have a "service territory." Rather, it holds domestic and irrigation water rights with an authorized place of use within the Company's property. Without waiving this objection, according to the records of the Idaho Department of Water Resources the Company's property appears to be within the municipal service areas of Capitol Water Corporation and the City of Boise. There have been no disputes concerning overlapping service areas prior to the initiation of this matter. CAP-W-24-03 IPUC Staff PR 3 1of1 FLYING H TRAILER RANCH,INC. CASE NO. CAP-W-24-03 FIRST PRODUCTION REQUEST OF THE COMMISSION STAFF Preparer/Sponsoring Witness: John Evans REQUEST NO. 4: Attach a copy of the Company's prior year financial statements, such as an income statement, balance sheet, or a profit and loss statement. RESPONSE NO. 4: See attached unaudited income statement and unaudited balance sheet for 2023 provided by the property management company retained by Flying H, to which Flying H reserves all objections. CAP-W-24-03 IPUC Staff PR 4 1of1 Balance Sheet Prepared By: Rim to River Property Management As of 12/31/2023,Cash Basis 915 North Cole Road Boise, ID 83704 7701 West Ustick Road r Assets Current Asset Flying H Ranch Operating Account 223,020.21 Flying H Ranch Operating Account-Pending EFTS 1,026.82 Flying H Ranch Petty Cash 384.84 Security Deposits Bank Account (1,800.00) Undeposited Funds 407.60 Total Current Asset $223,039.47 Fixed Asset 2018 Ashpalt 22,315.00 2019 Ashpalt 41,280.00 4 Wheeler 2017 3,600.00 Equipment& Buildings 1,111,824.02 Land 218,022.99 Other Assets-Accumulated Depreciation (1,706,682.00) Other Assets- Expansion -1 79,434.83 Other Assets- Expansion -2 396,483.72 Other Assets- Furnaces (2)2017 5,400.00 Other Assets-Other Other Assets 3,800.00 Other Assets- Property- Basis Adjustment 121,833.56 Riding Mower 2014 2,116.18 Total Fixed Asset $299,428.30 Total Assets $522,467.77 Liabilities Current Liability Security Deposit Liability 5,249.50 Total Current Liability $5,249.50 Total Liabilities $5,249.50 Equity Owner Draw (1,012,000.00) Retained Earnings-Additional paid-in Capital 366,523.76 Retained Earnings-Capital Stock/A. Dingel 22.00 Retained Earnings-Capital Stock/B. Evans 39.00 Retained Earnings-Captial Stock/Koontz 39.00 Retained Earnings-Other Retained Earnings (408,267.42) Retained Earnings 992,006.48 Net Income 78,855.45 CAP-W-24-0 IPUC Staff PR 4 Attachment 1 of 2 Generated 01/17/2024 12:48:38 Page 1 of 2 Balance Sheet Prepared By: Rim to River Property Management As of 12/31/2023, Cash Basis 915 North Cole Road Boise, ID 83704 Total Equity $517,218.27 Total Liabilities & Equity $522,467.77 CAP-W-24-03 IPUC Staff PR 4 Attachment 2 of 2 Generated 01/17/2024 12:48:38 Page 2 of 2 Income Statement Prepared By: Rim to River Property Management 1/1/2023-12/31/2023, By Year,Cash basis 915 North Cole Road Boise, ID 83704 7701 West Ustick Road Amount 2023 Total Income Cleaning and Maint Income 635.00 635.00 Late Fee Income-Owner 7,301.74 7,301.74 Laundry Income 1,510.00 1,510.00 Mobile Sales Income 7,000.00 7,000.00 NSF Fee Income 33.00 33.00 Other Income 4,820.00 4,820.00 Parking Income 3,132.00 3,132.00 Rent Income 884,307.40 884,307.40 Utility Income 42,679.58 42,679.58 Total Income $951,418.72 $951,418.72 Expense Auto and Travel 496.38 496.38 Cleaning and Maintenance 1,312.44 1,312.44 Insurance 10,176.00 10,176.00 Landscaping 10,616.44 10,616.44 Legal and Professional Fees 9,878.19 9,878.19 Licenses and Permits 56.62 56.62 Management Fees 63,019.94 63,019.94 Other Expenses 2,548.18 2,548.18 Postage and Delivery 1,680.00 1,680.00 Repairs Repairs-Other 5,945.69 5,945.69 Total for Repairs $5,945.69 $5,945.69 Taxes 144,681.29 144,681.29 Utilities Gas 1,616.01 1,616.01 Power 43,554.54 43,554.54 Sewer 32,742.00 32,742.00 Trash 21,647.48 21,647.48 Utilities-Other 18,166.40 18,166.40 Water 3,872.02 3,872.02 Total for Utilities $121,598.45 $121,598.45 CAP-W-24-03 IPUC Staff PR 4 Attachment 1 of 2 Generated 01/17/2024 12:49:44 Page 1 of 2 Income Statement Prepared By: Rim to River Property Management 1/1/2023-12/31/2023, By Year,Cash basis 915 North Cole Road Boise, ID 83704 Amount 2023 Total Water Testing 1,042.00 1,042.00 Total Expense $373,051.62 $373,051.62 Net Operating Income $578,367.10 $578,367.10 Net Income $578,367.10 $578,367.10 CAP-W-24-03 IPUC Staff PR 4 Attachment 2 of 2 Generated 01/17/2024 12:49:44 Page 2 of 2 FLYING H TRAILER RANCH,INC. CASE NO. CAP-W-24-03 FIRST PRODUCTION REQUEST OF THE COMMISSION STAFF Preparer/Sponsoring Witness: John Evans REQUEST NO. 5: Please provide a copy of all water right licenses or permits. RESPONSE NO. 5: See attached copies of decreed water right nos. 63-7291 and 63-30206. CAP-W-24-03 IPUC Staff PR 5 1of1 2007 FEB 16 PM 02:00 DISTRICT COURT - SRBA TWIN FALLS CO., IDAHO FILED IN THE DISTRICT COURT OF THE FIFTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF TWIN FALLS In Re SRBA } PARTIAL DECREE PURSUANT TO I.R.C.P. 54(b) FOR Case No. 39576 ) Water Right 63-07291 NAME AND ADDRESS: FLYING H TRAILER RANCH INC 7615 USTICK RD BOISE, ID 83704 SOURCE: GROUND WATER QUANTITY: 0.06 CPS 44.00 AFY USE OF THIS RIGHT WITH RIGHT NO. 63-30206 IS LIMITED TO A TOTAL COMBINED DIVERSION RATE OF 0.66 CPS AND TO A TOTAL COMBINED ANNUAL DIVERSION VOLUME OF 99 AF. PRIORITY DATE: 02/16/1970 POINT OF DIVERSION: T03N R01E S01 LOT 1 (NENE ) Within Ada County PURPOSE AND PERIOD OF USE: PURPOSE OF USE PERIOD OF USE QUANTITY Domestic 01-01 TO 12-31 0.06 CPS 44.00 AFY Domestic use is Por 43 homes. PLACE OF USE: Domestic Within Ada County T03N R01E S01 LOT 1 (NENE) OTHER PROVISIONS NECESSARY FOR DEFINITION OR ADMINISTRATION OF THIS WATER RIGHT: 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 I. DETERMINED BY THE COURT AT A POINT IN TIME NO LATER THAN THE ENTRY OF A FINAL UNIFIED DECREE. I.C. SECTION 42-1412(6). RULE 54(b} CERTIFICATE With respect to the issues determined by the above judgment or order, it is hereby CERTIFIED, in accordance with Rule 54(b), I.R.C.P., that the court has determined that there is no just reason for delay of the entry of a final judgment and that the court has and does hereby direct that the above judgment or order shall be a final judgment upon which execution may issue and an appeal may be taken as ]irovided by the Idaho Appellate Rules. John M. Melanson Presiding Judge of the Snake River Basin Adjudication CAP-W-24-03 IPUC Staff PR 5 Attachment 1of1 SRBA PARTIAL DECREE PURSUANT TO I.R.C.P. 54(b) PAGE 1 Water Right 63-07291 Jan-02-2007 i 2007 FEB 16 PM 02:00 DISTRICT COURT - SRBA TWIN FALLS CO., IDAHO FILED IN THE DISTRICT COURT OF THE FIFTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF TWIN FALLS In Re SRBA ) PARTIAL DECREE PURSUANT TO I.R.C.P. 54(b) FOR Case No. 39576 ) Water Right 63-302o6 NAME AND ADDRESS: FLYING H TRAILER RANCH INC 761S USTICK RD BOISE, ID 83704 SOURCE: GROUND WATER QUANTITY: 0.60 CFS 4S.00 AFY USE OF THIS RIGHT WITH RIGHT NO. 63-7291 IS LIMITED TO A TOTAL COMBINED DIVERSION RATE OF 0.66 CFS AND TO A TOTAL COMBINED ANNUAL DIVERSION VOLUME OF 99 AF. PRIORITY DATE: 04/27/1955 POINT OF DIVERSION: T03N ROSE S01 LOT 1 (NENE ) Within Ada County LOT 1 (NENE ) LOT 1 (NENE ) Three points of diversion are located within NENE, S01, T03N, R01E. PURPOSE AND PERIOD OF USE: PURPOSE OF USE PERIOD OF USE QUANTITY Irrigation 03-01 TO 11-15 0.20 CFS 45.00 AFY Domestic 01-01 TO 12-31 0.40 CPS Domestic use is for 83 homes and does not include lawn, garden, landscape, or other types of irrigation. PLACE OF USE: Irrigation Within Ada County T03N ROLE S01 LOT 1 (NENE)10.0 10.0 Acres Total Domestic Within Ada County T03N ROIE $01 LOT I (NENE) OTHER PROVISIONS NECESSARY FOR DEFINITION OR ADMINISTRATION OF THIS WATER RIGHT: The quantity of water decreed for this water right is not a determination of historical beneficial use. 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. I.C. SECTION 42-1412(6). I 1 CAP-W-24-03 1 IPUC Staff PR 5 Attachment 1 of 2 I SRBA PARTIAL DECREE PURSUANT TO I.R.C.P. 54(b) PAGE 1 Water Right 63-30206 Jan-05-2007 SRBA Partial Decree Pursuant -to I.R.C.P. 54(b) (continued) RULE 54(b) CERTIFICATE With respect to the issues determined by the above judgment or order, it is hereby CERTIFIED, in accordance with Rule 54(b), I.R.C.P., that the court has determined that there is no just reason for delay of the entry of a final judgment and that the court has and does hereby direct that the above judgment or order shall be a final judgment upon which execution may issue and an appeal may be taken as provided by the Idaho Appellate Rules. John M. Melanson Presiding Judge of the Snake River Basin Adjudication I CAP-W-24-03 IPUC Staff PR 5 Attachment 2 of 2 SRBA PARTIAL DECREE PURSUANT TO I.R.C.P. 54(b) PAGE 2 Water Right 63-30206 Jan-05-2007 FLYING H TRAILER RANCH,INC. CASE NO. CAP-W-24-03 FIRST PRODUCTION REQUEST OF THE COMMISSION STAFF Preparer/Sponsoring Witness: John Evans REQUEST NO. 6: Please provide a copy of Idaho Department of Environmental Quality water system approval letter, its most recent sanitary survey, and/or any relevant correspondence. RESPONSE NO. 6: See attached Idaho Department of Environmental Quality sanitary survey and approval letter. CAP-W-24-03 IPUC Staff PR 6 1of1 1445 N Orchard St Brad Little, Governor Boise, ID 83706 • (208) 373-0550 Jess Byrne, Director December 23, 2024 Joshua Ware 915 Cole Road Boise, Idaho 83704 rimtoriver@gmail.com Subject: Flying H Trailer Ranch Public Water System No. ID4010062 The Idaho Department of Environmental Quality is the local health authority for Public Drinking Water Systems. Currently, Flying H Trailer Ranch public water system (Flying H) is in substantial compliance with the "Idaho Rules for Public Drinking Water Systems" (IDAPA 58.01.08) and was last inspected on December 18, 2023, by myself and other DEQ staff, with no deficiencies found by the department. Flying H is an approved water system and maintains all requirements of IDAPA 58.01.08, including monitoring of the system for organic contaminants, inorganic contaminants including lead, radiological contaminants, and bacteriological contaminants. All monitoring is up to date, and no maximum contaminant levels have been exceeded. Flying H has not had any violations within the last ten (10) years. Flying H is a public water system that supplies water to one hundred twenty-seven (127) connections, plus owns the twenty-two (22) lots that are solely supplied water by Capitol Water. There is no interconnection between the two (2) distribution systems. All one hundred forty-nine (149) connections are charged the same lot fee. Based on the 2023 sanitary survey the system does not charge users a specific fee for drinking water. Flying H does not have an annual budget for the water system and none of the connections are metered. If you have any questions, please feel free to contact me at phone number (208) 373-0457 or via email at Kelsey.Carter@deg.idaho.gov. Sincerely, Kelsey Carter Drinking Water Analyst EDMS: 2024ACA8778 CAP-W-24-03 IPUC Staff PR 6 Attachment 1 of 1 1445 N Orchard St Brad Little, Governor Boise, ID 83706 • (208)373-0550 Jess Byrne, Director January 8, 2024 Joshua Ware 915 Cole Road Boise, ID 83704 Email: rimtoriver@gmail.com Subject: Flying H Trailer Ranch (ID4010062)-Sanitary Survey conducted on December 18, 2023 A sanitary survey was recently conducted for Flying H Trailer Ranch (ID4010062). 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. Contact me at (208)528-2650, or kelsey.carter@deq.idaho.gov if you have any questions. Sincerely, Kelsey Carter Drinking Water Analyst Boise Regional Office C: Brian McGovern, Licensed Operator(brian@analyticallaboratories.com) Mike Anderson, DEQ Water Quality Engineer CAP-W-24-03 IPUC Staff PR 6 Attachment 1 of 21 Sanitary Survey Report Flying H Trailer Ranch - ID4010062 Survey conducted on December 18, 2023 Report generated on January 8, 2024 Narrative The Flying H Trailer Ranch water system is supplied by two groundwater wells that are untreated. Treatment is not required nor done voluntarily. The wells are both located in different pump houses and are located on opposite sides of the looped distribution system. Each well contains a 10-hp submersible constant-rate pump that operate together to pressurize the distribution system. Both wells supply water to the distribution system as well as 14 hydropneumatic pressure tanks to maintain ideal system pressure and to allow the well pumps to cycle on and off periodically, preventing overuse. The distribution system consists of 1 1/4- inch steel and HDPE piping and is a looped system with no dead ends and no fire hydrants. Service is provided to 127 unmetered connections. The system is not equipped with any auxiliary power unit and is susceptible to system pressure loss during a power outage. Enforcement Actions None. Significant Deficiencies: No Significant Deficiencies were found during the Sanitary Survey. CAP-W-24-03 IPUC Staff PR 6 Attachment 2 of 21 January 2024 Page 2 of 4 Deficiencies: Deficiencies must be corrected when feasible or during modifications of existing processes or facilities. Wells WELL#3 (A0003815) Question#11- Is a working flow meter provided? (Instant, totaling, nonvolatile memory, installed on discharge pipe, etc.) No. The pump distribution line for Well: A0003815 does not provide an instantaneous and totalizing flow meter equipped with nonvolatile memory and/or the installed flow meter is not working properly. Install an instantaneous and totalizing flow meter equipped with nonvolatile memory the next time material modifications occur to this section of the water system (IDAPA 58.01.08.511.04). A flow meter measures total flow(gallons)and flow rate (gpm). A flow meter can help detect changes in the system so the operator can take corrective action before a serious problem develops as well as provide more accurate accounting of water production. Question#21- Is the pump house protected from flooding and surface water entry? (Floor drain, ground surface graded to lead surface water away, etc.) No. Note: Pump house is protected from surface water entry but there is not a floor drain in the event of interior equipment failure flooding. The pump house for Well:A0003815 is not protected from flooding and/or is not adequately drained and/or the ground surface is not graded to lead surface drainage away from the pump house (IDAPA 58.01.08.541.01.b). In the event of a leak, broken pipe, or severe weather, inadequate drainage may cause damage to the electrical and heating systems or contaminate the well. Pumps Question#23- Can the community PWS adequately pressurize the distribution system during a power outage? (C only) No. Note: During a power outage the system could quickly lose pressure after the bladder tanks are emptied to the distribution system. The public water system needs to install APUs for both well controls when the system undergoes a material modification. The community PWS would be unable to adequately pressurize the distribution system in the event of a power outage.There is not adequate storage. Install standby power or adequate storage facilities the next time material modifications occur to the water system (IDAPA 58.01.08.501.07). CAP-W-24-03 IPUC Staff PR 6 Attachment 3 of 21 January 2024 Page 3 of 4 Recommendations: Recommendations identified in this Report are not required to be corrected at this time, however it is recommended. Hydropneumatic Tanks Question#6- Have all hydropneumatic tanks been tested for structural integrity in the past 5 years? (Recommended) No. 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). Financial/Managerial Capacity Question#3- Does the water system have an annual budget? (Recommended) No. An annual budget is a critical step in building financial capacity for your water system. An annual budget includes operating expenses, operating cash reserves, emergency reserve and short-lived asset replacement reserve. Question#4- Has an independent financial audit of the PWS been conducted, or has the SMART Financial Tool been completed? (Recommended) No. An independent financial audit of the public water system should be completed every year for large systems and every 3 to 5 years for small systems.The SMART Financial Tool located on DEQ's Public Water System Switchboard (www.deq.idaho.gov/water-quality/drinking-water/pws-switchboard) can also be a great way for a public water system to evaluate their financial 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 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/epa816f13002.pdf. Question#17- Water Efficiency Program No. A water efficiency program should be implemented. Improvements in water efficiency in the distribution system begin with metering, water audits, and water loss control programs.The following is a link to an EPA resource for developing a water efficiency program: https.Ilnepis.epa.govlExelZyPDF.cgilP100MEV6.PDF?Dockey=P100MEV6.PDF.6.PDF. CAP-W-24-03 IPUC Staff PR 6 Attachment 4of21 January 2024 Page 4 of 4 Photographic Documentation Inspection Date(s): Monday, December 18, 2023 Facility ID: ID4010062 Name of Facility: Flying H Trailer Ranch Inspector(s): Michael Anderson Purpose of Inspection: Sanitary Survey Site Visit State of Idaho Department of Environmental Quality CAP-W-24-03 IPUC Staff PR 6 Attachment 5 of 21 Idaho Department of Environmental Quality Photographic Documentation For: Flying H Trailer Ranch - ID4010062 Table of Photographs: Photograph 1: Well 4 Pump House and Well Lot........................................................................... 3 Photograph 2: Well 4 Pump House Locking Door........................................................................... 3 Photograph3: Well 4...................................................................................................................... 4 Photograph 4: Well 4 Check Valve.................................................................................................. 4 Photograph 5: Well 4 Discharge Piping and Cartridge Filter.......................................................... 5 Photograph 6: Well Flow Meter ..................................................................................................... 5 Photograph 7: Well 4 Pump-to-Waste and Filter Discharge .......................................................... 6 Photograph 8: Well 4 Sample Tap .................................................................................................. 6 Photograph 9: Well 4 Control Valve and Pressure Release Valve.................................................. 7 Photograph 10: Hydropneumatic Tanks in Well 4 Pump House .................................................... 7 Photograph 11: Well 4 Pump House Controls................................................................................ 8 Photograph 12: Well 4 Pressure Gauge.......................................................................................... 8 Photograph 13: Well 3 Pump House............................................................................................... 9 Photograph14: Well 3 .................................................................................................................... 9 Photograph 15: Well 3 Cartridge Filter and Sand Separator........................................................ 10 Photograph 16: Well 3 Sample Tap .............................................................................................. 10 Photograph 17: Well 3 Pump House Piping and Controls............................................................ 11 Photograph 18: Well 3 Pump House Hydropneumatic Tanks...................................................... 11 Photograph 19: Well 3 Discharge to Distribution System with Pressure Sensor and Pressure ReleaseValve................................................................................................................................ 12 Photograph 20: Well 3 Pressure Release Valve Discharge........................................................... 12 Photograph 21: Well 3 Pump-to-Waste and Filter Discharge ...................................................... 13 Photograph 22: Well 2 (Abandoned) Pump Building.................................................................... 13 Photograph 23: Abandoned Well 2 .............................................................................................. 14 Photograph 24: Hydropneumatic Tanks Inside Old Well 2 Pump House..................................... 14 Photograph 25: Pressure Sensor for Old Well 2 Pump House Tanks ........................................... 15 Photograph 26: Well 1 (Abandoned) Pump Building.................................................................... 15 Photograph 27: Abandoned Well 1 .............................................................................................. 16 Photograph 28: Hydropneumatic Tanks Inside Old Well 1 Pump House..................................... 16 Photograph 29: Well 4 Lot Irrigation ............................................................................................ 17 CAP-W-24-03 IPUC Staff PR 6 Attachment 6of21 2 t F _ I a - .i1h �,.-'Y+y3.� J, J alp.!• rc Oft 41 Photograph 1: Well 4 Pump House and Well Lot 'R µ Y r. Photograph 2: Well 4 Pump House Locking Door CAP-W-24-03 IPUC Staff PR 6 Attachment 7 of 21 Idaho Department of Environmental Quality Photographic Documentation For: Flying H Trailer Ranch - ID4010062 ' 4 ~'4•w. 2 k • 4 Photograph 3: Well 4 �N r�zj3� 0 c Ni Jomw n rTi rn 3� y, m c C no Photograph 4: Well 4 Check Valve CAP-W-24-03 IPUC Staff PR 6 Attachment 8 of 21 4 Idaho Department of Environmental Quality Photographic Documentation For: Flying H Trailer Ranch - ID4010062 or L � I Photograph 5: Well 4 Discharge Piping and Cartridge Filter i iS W � a L O 2 Photograph 6: Well Flow Meter CAP-W-24-03 IPUC Staff PR 6 Attachment 9 of 21 5 Idaho Department of Environmental Quality Photographic Documentation For: Flying H Trailer Ranch - ID4010062 •a 0 1 Photograph 7: Well 4 Pump-to-Waste and Filter Discharge Photograph 8: Well 4 Sample Tap CAP-W-24-03 IPUC Staff PR 6 Attachment 10 of 21 6 Idaho Department of Environmental Quality Photographic Documentation For: Flying H Trailer Ranch - ID4010062 Ilk c, id Photograph 9: Well 4 Control Valve and Pressure Release Valve '2 ANNA 1, ` _ I - '` �• Photograph 10: Hydropneumatic Tanks in Well 4 Pump House CAP-W-24-03 IPUC Staff PR 6 Attachment 11 of 21 7 Idaho Department of Environmental Quality Photographic Documentation For: Flying H Trailer Ranch - ID4010062 11 Photograph 11: Well 4 Pump House Controls boo 1 Photograph 12: Well 4 Pressure Gauge CAP-W-24-03 IPUC Staff PR 6 Attachment 12 of 21 8 Idaho Department of Environmental Quality Photographic Documentation For: Flying H Trailer Ranch - ID4010062 M t Photograph 13: Well 3 Pump House x ;A OP ' r Photograph 14: Well 3 CAP-W-24-03 IPUC Staff PR 6 Attachment 13 of 21 9 Idaho Department of Environmental Quality Photographic Documentation For: Flying H Trailer Ranch - ID4010062 b Photograph 15: Well 3 Cartridge Filter and Sand Separator 41 r:• I L�, rr Photograph 16: Well 3 Sample Tap CAP-W-24-03 IPUC Staff PR 6 Attachment 14 of 21 10 Idaho Department of Environmental Quality Photographic Documentation For: Flying H Trailer Ranch - ID4010062 N - 1 F _ Photograph 17: Well 3 Pump House Piping and Controls z v 3: ` 1 Photograph 18: Well 3 Pump House Hydropneumatic Tanks CAP-W-24-03 IPUC Staff PR 6 Attachment 15 of21 11 Idaho Department of Environmental Quality Photographic Documentation For: Flying H Trailer Ranch - ID4010062 t R� b• Photograph 19: Well 3 Discharge to Distribution System with Pressure Sensor and Pressure Release Valve 1' t 1 t Photograph 20: Well 3 Pressure Release Valve Discharge CAP-W-24-03 IPUC Staff PR 6 Attachment 16 of 21 12 Idaho Department of Environmental Quality Photographic Documentation For: Flying H Trailer Ranch - ID4010062 Photograph 21: Well 3 Pump-to-Waste and Filter Discharge i Photograph 22: Well 2 (Abandoned) Pump Building CAP-W-24-03 IPUC Staff PR 6 Attachment 17 of 21 13 Idaho Department of Environmental Quality Photographic Documentation For: Flying H Trailer Ranch - ID4010062 1 Photograph 23: Abandoned Well 2 Photograph 24: Hydropneumatic Tanks Inside Old Well 2 Pump House CAP-W-24-03 IPUC Staff PR 6 Attachment 18 of 21 14 Idaho Department of Environmental Quality Photographic Documentation For: Flying H Trailer Ranch - ID4010062 4b jN. ., ` Photograph 25: Pressure Sensor for Old Well 2 Pump House Tanks v 11t• 4 - ,a Photograph 26: Well 1 (Abandoned) Pump Building CAP-W-24-03 IPUC Staff PR 6 Attachment 19 of 21 15 Idaho Department of Environmental Quality Photographic Documentation For: Flying H Trailer Ranch - ID4010062 � aJ ,i Photograph 27: Abandoned Well 1 A 1 Photograph 28: Hydropneumatic Tanks Inside Old Well 1 Pump House CAP-W-24-03 IPUC Staff PR 6 Attachment 20 of 21 16 Idaho Department of Environmental Quality Photographic Documentation For: Flying H Trailer Ranch - ID4010062 17 Nd Photograph 29: Well 4 Lot Irrigation CAP-W-24-03 IPUC Staff PR 6 Attachment 21 of 21 17 FLYING H TRAILER RANCH,INC. CASE NO. CAP-W-24-03 FIRST PRODUCTION REQUEST OF THE COMMISSION STAFF Preparer/Sponsoring Witness: John Evans REQUEST NO. 7: Please provide the Company's most recent facility plan. RESPONSE NO. 7: Assuming the term "facility plan" used in this request is defined and regulated under the Idaho Rules for Public Drinking Water Systems, IDAPA 58.01.08, the Company has not been required to provide a"facility plan' to the Idaho Department of Environmental Quality. CAP-W-24-03 IPUC Staff PR 7 1of1 FLYING H TRAILER RANCH,INC. CASE NO. CAP-W-24-03 FIRST PRODUCTION REQUEST OF THE COMMISSION STAFF Preparer/Sponsoring Witness: John Evans REQUEST NO. 8: Regarding the water system connections, please provide: (a) Total connections currently receiving water, and identify how many are either residential, commercial, or other; and (b) Additional connections the water system can provide water to. This could include vacant lots without service connections. RESPONSE NO. 8: (a) There are approximately 152 water connections receiving water on the Company's property, all of which are residential. (b) One. CAP-W-24-03 IPUC Staff PR 8 1of1 FLYING H TRAILER RANCH,INC. CASE NO. CAP-W-24-03 FIRST PRODUCTION REQUEST OF THE COMMISSION STAFF Preparer/Sponsoring Witness: John Evans REQUEST NO. 9: Please 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. RESPONSE NO. 9: Objection. Vague. Without waiving this objection, The Company does not calculate or charge tenants for water. CAP-W-24-03 IPUC Staff PR 9 1of1 FLYING H TRAILER RANCH,INC. CASE NO. CAP-W-24-03 FIRST PRODUCTION REQUEST OF THE COMMISSION STAFF Preparer/Sponsoring Witness: John Evans REQUEST NO. 10: Please provide the amounts for any additional charges and fees, such as hookup charges, reconnection fees, late fees, etc. RESPONSE NO. 10: None. See Response to Request No. 9. CAP-W-24-03 IPUC Staff PR 10 1of1