20250730APPLICATION.pdf

RECEIVED
July 30, 2025
IDAHO PUBLIC
Preston N. Carter, ISB No. 8462 UTILITIES COMMISSION
Megann E. Meier, ISB No. 11948 VEO-w-25-03
GIVENS PURSLEY LLP
601 West Bannock Street CAP-W-25-01
P.O. Box 2720
Boise, Idaho 83701-2720
Office: [phone]
Fax: [phone]
[e-mail]
[e-mail]
18993151.3
Attorneys for Veolia Water Idaho, Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION Case No.
FOR AMENDMENT OF VEOLIA WATER
IDAHO INC.'S CERTIFICATE OF PUBLIC JOINT APPLICATION FOR CPCN
OF PUBLIC CONVENIENCE AND AMENDMENTS
NECESSITY
Veolia Water Idaho, Inc. (Veolia) and Capitol Water Corporation (Capitol Water)
(collectively, Companies) request that the Commission approve the transfer to Veolia's service
territory a portion of property currently within Capitol Water's service territory, as described in
more detail below.
Background
1. Veolia is a water corporation and a regulated public utility operating under CPCN
No. 143, as amended. Veolia serves customers in the Treasure Valley, including customers within
the City of Boise, the City of Eagle, the City of Meridian, and unincorporated Ada County.
2. Capitol Water is a water corporation and a regulated public utility operating under
CPCN No. 239 as amended. Capitol Water serves customers within the City of Boise.
APPLICATION PAGE 1 OF 6

3. The developer of property located at 6625 W. Ustick Road in Boise requested that
Capitol Water provide water service to its property, depicted and legally described in Exhibit 1
(Property).
4. The developer intends to construct townhomes on the Property. Capitol Water has
a 4-inch line through this area and tested available fire-flows at a rate of 750 gallons per minute.
5. Because it includes townhomes, the proposed development requires fire-flows of
950 gallons per minute or greater.
6. Veolia's system in this area can provide flows of 950 gallons per minute or greater
and, as confirmed by the Boise Fire Department, is adequate to provide the required fire-flows.
See Exhibit 2 (email from Boise Fire Department).
7. Costly upgrades—at a minimum—would be needed for Capitol Water to provide
the required fire-flows to the development. Capitol Water, Veolia, and the developer believe it is
in the public interest for Veolia to serve the development. The Companies request that the
Commission approve transfer of the Property into Veolia's certificated area and remove it from
Capitol Water's.
Application
8. Idaho utilities provide service to territory within the boundaries of their certificates
of public necessity and convenience (CPCN). See I.C. § 61-526. Utilities cannot serve territory
within another utility's CPCN, and the Commission must approve changes to a CPCN. See id.
9. The Commission may amend a utility's CPCN if it is in the public interest. To
evaluate the public interest with respect to the receiving utility, the Commission has considered
factors such as the receiving utility's financial ability to serve the transferred territory; its
technical ability to serve the transferred territory; and its intent to serve the transferred territory.
See Case No. VEO-W-23-05, Order No. 36200 at 3 (May 31, 2024).
APPLICATION PAGE 2 OF 6

10. Regarding the transferring utility, the Commission has considered whether
customers will continue to receive adequate service upon transfer.Id.
11. Veolia and Capitol Water believe transfer of the Property to Veolia's CPCN is in
the public interest.
12. Veolia has the financial capacity and technical ability to serve the Property.
13. Veolia can provide 950 gallons per minute of fire-flows to the proposed
townhomes, which satisfies applicable fire-flow requirements. See Exh. 2 (email from Boise Fire
Department).
14. Veolia intends to serve the Property if it is included in Veolia's CPCN.
15. Customers within the Property will receive adequate service from Veolia upon
transfer; the townhome development is the only customer within the Property.
16. Transfer of the Property is necessary to construct the townhomes,which will
benefit the developer and the future inhabitants of the townhomes.
17. Transfer of the Property will not have a negative impact on other customers of
Veolia or Capitol Water. Among other things, Veolia has sufficient infrastructure to provide
service and Capitol Water has not invested in infrastructure specific to serve this area.
18. All affected parties, including Veolia, Capitol Water, and the developer, agree that
the Property should be transferred to Veolia's CPCN.
19. If transfer of the Property is approved, Veolia and Capitol Water will file modified
CPCNs that reflect the transfer.
Request for Modified Procedure
20. Veolia and Capitol Water do not believe the public interest requires a hearing on
the issues presented in this Application and request that the matter be processed by modified
procedure under Commission Rule 201.
APPLICATION PAGE 3 OF 6

21. Please provide communications and service of all documents related to this matter
to the following:
Preston N. Carter, ISB No. 8462 Bob Price
Megann E. Meier, ISB No. 11948 Jim Carson
GIVENS PURSLEY LLP Capitol Water Corporation
601 West Bannock Street 2626 N. Eldorado Street
P.O. Box 2720 Boise, Idaho 83704
Boise, Idaho 83701-2720 Telephone: [phone]
Office: [phone] [e-mail]
Fax: [phone] [e-mail]
[e-mail]
[e-mail]
[e-mail]
Request for Relief
22. For these reasons, Veolia and Capitol Water respectfully request that the
Commission issue an order:
a. Approving addition of the Property to Veolia's certificated service territory and
confirming that Veolia is able to serve the Property, upon transfer;
b. Approving removal of the Property from Capitol Water's certificated service
territory and confirming that Capitol Water no longer has a duty to serve the
Property, upon transfer; and
c. Granting any additional relief that the Commission determines proper.
Dated: July 30 , 2025.
GIVENS PURSLEY LLP
-�-� ��
By:
Preston N. Carter
Attorney for Veolia Water Idaho, Inc
APPLICATION PAGE 4 OF 6

Dated: July,1.9, 2025.
CAPITOL WATER CORPORATION
By:—
Its:—
APPLICATION PAGE 5 OF 6

CERTIFICATE OF SERVICE
I hereby certify that on July 30 , 2025, I caused to be served a true and correct copy of the
foregoing document to the person(s) listed below by the method indicated:
Commission Staff Via Electronic Mail
Monica Barrios-Sanchez, Commission Secretary [e-mail]
Idaho Public Utilities Commission [e-mail]
11331 W. Chinden Blvd., Bldg. 8, Suite 201-A
Boise, ID 83714
Chris Burdin [e-mail]
Deputy Attorney General
Idaho Public Utilities Commission
11331 W. Chinden Blvd., Bldg. 8, Suite 201-A
Boise, ID 83714
Bob Price [e-mail]
Jim Carson [e-mail]
Capitol Water Corporation
2626 N. Eldorado Street
Boise, Idaho 83704
Preston Carter
APPLICATION PAGE 6 OF 6

VEOLIA WATER IDAHO, INC.
JOINT APPLICATION FOR CPCN
AMENDMENTS
EXHIBIT I

TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 • Boise, Idaho 83713
SURVEYING [phone]
53 Fax [phone]
Project No.: 4916
Date. December 28, 2021
DESCRIPTION
FOR
USTICK CIRCLE LLC
CONSOLIDATED PARCEL
A parcel of land being a portion of Lots 6, 7 and 8 of Block 2 of Jay Amyx Subdivision No. 4
as on file in Book 16 of Plats at Page 1025 in the Office of the Recorder for Ada County, Idaho as
shown on Record of Survey No. , on file under Instrument No. in
said Office of the Recorder for Ada County. Said parcel is situated in the NW 1/4 of Section 6, T.3N.,
R.2E., B.M., Boise, Ada County, Idaho and more particularly described as follows:
COMMENCING at the Northwest corner of said Lot 6; thence along the West line of said Lot 6
South 00°02'00" West 7.00 feet to the POINT OF BEGINNING, marked by an iron pin; thence
along a line parallel with the North line of said Lots 6, 7 and 8
South 89058'00" East 137.98 feet to a point on the East line of said Lot 8, marked by an iron
pin; thence along said East line of Lot 8
South 00°02'00" West 193.00 feet to the Southeast corner of said Lot 8, marked by an iron
pin, thence along the South line of said Lots 8 and 7
North 89°58'00" West 100.00 feet to the Southwest corner of said Lot 7, marked by a lead
plug and tack; thence along the Southerly line of said Lot 6
North 51°27'29" West 48.53 feet to the Southwest corner of said Lot 6, marked by a lead plug
and tack; thence along said West line of Lot 6
North 00°02'00" East 162.78 feet to the POINT OF BEGINNING.
Said Parcel Contains 26,056 S.F. (0.598 Acre), more or less.
LA NO
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A. ` 't
4916-Parcel-Desc.docx dnm Page 1 of 1

ACKNOWLEDGMENT RECORD OF SURVEY NO. `J
STATE OF IDAHO) SS INSTRUMENT NO. 2DZZ-UCo�6Co [�
COUNTY OF ADA) A!
SAID STATE,PERSONALLY APPEARED ROSEEfYf CHARLES FRIER,KNOWN OR IDENTRE ME. IFIED TO ME TO BEA THE TMANAGING PARTNER OR ARY PUBLIC IN AND RA LEGEND /►' PARCEL CONSOLIDATION
MEMBER OF THE LIAITED LIABILITY COMPANY THAT EXECUTED THE INSTRUMENT OR THE PERSON WHO EXECUTED THE INSTRUMENT ON —— BOUNDARY L
BEHALF OF SAID LIMITED LIABILITY COMPANY AND ACKNOWLEDGED TO ME THAT SUCH LIMITED LIABILITY COMPANY EXECUTED THE SAME. _____________ ORIGINAL LOT LINE RECORD OF SURVEY
IN WITNESS WHEREOF.I HAVE HEREUNTO SET MY HAND AND SEAL THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN. '- EASEMENT=,=7,M7777. EXISTING BUILDING r1 FOR
�y,S D. FOUND BRASS CAP J �y/� CIRCLE
/�
b CO ESIDING AT BOISE.DAHO FOUND ALUMINUM CAP U , r/ K ! IR LE ■ ■
gTOTMy = Y COMMSSDN EXPIRES. Z4 g O FOUND 1/2'IRON PW ��// V V �V�f� �FV
�y �1BLlG • SET 1/2'K24•PON PIN r/CAR
s € ® FOUND LEAD PLUG&TACK A PORTION OF LOTS 6, 7 AND B. BLOCK 2, JAY AMYX SUBDIVISION No. 4
A.t� O CALCULATED POINT,NOT SET
OF 0 15 30 60 LYING IN THE NW 1/4 OF SECTION 6, T.3N., R.2E., B.M.,
1 R �O
"^^*��:••• SCALE IN FEET BOISE, ADA COUNTY, IDAHO
I"=30'
CERTIFICATE OF OWNERS
Property to be removed from Capitol Water's CPCN and added to Veol18'8 CPCN WE,THE UNDERSIGNED,DO HEREBY CERTIFY THAT WE ARE THE OWNERS OF THE PROPERTY SHOWN ON
THIS RECORD OF SURVEY AND THAT THIS PARCEL CONSOLIDATION IS ACCEPTABLE.
CP&F No.20I7-01i940 BASS OF BEARAW 1/4 CORNER USTICK CLE LLC
3*1 WEST USTICK ROAD S 89.58'00'E 2828.06' - CP&F No.8131897 3I
1 6 ----�
2515.11- 7 --- ---137.98' _-- 3— --- 174.97'
IA RA R
8- o � op MANAGING RTNE
m o m W COR. NE COR.LOT 8 w o q m
�__________ __ p________ __ _ 1
7.00' r �.00' a see 5e oo s CERTIFICATE OF SURVEYOR
145.23'
R/W LINE CAVE LINE I _ I y` T EPATRICKSTATE
A. IDAHO,
DO HERES CERTIFY THAT I O A PROFESSIONAL LAND SURVEYOR,LICENSED BY
POINT F (TYPICAL) ' i I I THE STATE OF�DAHO,AND THAT THIS PARCEL CONSOLIDATION AS REPRESENTED ON THIS PLAT WAS
- — DRAWN FROM AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY DI ECT SUPERVISION AND
ACCURATELY REPRESENTS THE POINTS PLATTED THEREON AND IS IN CONFORMITY WITH THE STATE OF
�49.0' 52.7' _ I IDAHO CODE RELATING TO PLATS AND SURVEYS AND THE CORNER PERPETUATION AND FILING ACT,IDAHO
I I I EXISTING CONIC. 1i O I I CODE.
I BLOCK BLDG. I' C
I I r a I A CDs
I PATRICK A.TEALEY,P.L.S.N0.4347
I i 3
wm 34
.i A.'r' ..i-i'r SUB[). t•?
o
o a iy ' O EXISTING CONC.
I 9 OF
PARCEL BLOCK BLDG. c �t7(A.
26,056 S.F. i c I SIGNATURE OF THE CITY DIRECTOR, CURRENT PLANNING
tD i 0.598 AC. i
6631 W.USTICK RDA j al jai, 1 DO HEREBY CERTIFY,THAT 1 AM TE BOISE CITY DIRECTOR,CURRENT PLANNING IN AND FOR THE CITY
w m N I i I
-------------------- � OFBOISE.AOA COUNTY,DDAHO.AND THAT THIS PARCEL CONSOLIDATION IS IN ACCORDANCE WITH THE
PROVISIONS OF SECTKW II-09-02.I.B 3).0015E CITY CODE.PW2 IRONPINO I I I/2"IRON PIN FOUND 0.50'NW FOUND0.44' DATE -2FOUND0.44'SWROM SW CORNER FROM SE CORNER I E CITY PLAWMG DIRECTOR DATEZ �, I r; I FROM SW CORNER OF LOT 10 OFLOT 10OF LOT 9I !yTG
ADA COUNTY RECORDER'S CERTIFICATE
I ___ SATE OF IDAHO SS
r---L--------i-------
1 CTOUN Y OF ADA)
15'ALLEY,SCREENING\\ ` I i i i HEREBY CERTIFY THAT THIS INSTRUMENT WAS FILED AT THE REQUEST 0 f
&UTILITIES EASEMENT ` r� ,I I AT�MINUTES PAST�O'CLOCK L_A.,THIS DAY OF
•` 192' I EXISTING CONC. _
I BLOCK BLDG. i F 20 Z.IN MY OFFICE AND WAS DULY RECORDED UNDER INSTRUMENT NO.
i}r N 0�` i 6611 W.USTICK RD. I Ld
S7s a I I w
2j I 49P?� LTA -OFF RECORDER
�
i 2'9• o ' I I PUTV EX-OFFDD RECORDER
_________ _ 50.27_____________-_-______-__ 2500'
. �S� 9.58'00'W IOO.QO' � i S B9.30.00'E 175.27' ` FEES
15-ALLEY,SCREENING { _
Y. I &UTILITIES EASEMENT I
I cc o NOTES
I .i A.'i A •
,.. 1SUE-C-1VISiiHd NO.
I I Z I. THIS PARCEL MAY NOT BE DIVIDED UNLESS APPROVED BY THE CITY OF BOISE, THE
SURVEYOR'S NARRATIVE I ORDINAL PARCELS RE NO LONGER BUILDABLE PARCELS PURSUANT TO THIS RECORD
THE PURPOSE OF THIS SURVEY IS TO CONSOLIDATE THE THREE I I yf I nj OF SURVEY.
EXISTING LOTS(LESS THE NORTH 7.00 FEET)INTO ONE PARCEL.
R.O.S.No.7842 WAS FILED TO ADJUST THE PARCEL LINES BUT I i I 2. DOSE ZONING FOR PROPERTY DEVELOPMENT STANDARDS IS C-ID.
THE DEEDS WERE NOT RECORDED,LEAVING THE LOT LIDS BEING I ✓,_;,
THE PARCEL LINES. THE FOUND MONUMENTS FIT R.O.S.No.7842. I I I 3. THIS RECORD OF SURVEY FU1S BEEN APPROVED BY ROSE CITY UNDER APPLICATION
ROS21-00132.
I
ATTENTION ' ' ' 4. ALL BUILDINGS ARE ACCURATELY DEPICTED.
T14E RCCORDING OF THIS RECORD OF SURVEY DOES NOT ENABLE THE
OWNERS OF THE PARCELS TO CONVEY OWNERSHIP BASED SOLELY ON REFERENCE DOCUMENTS: TEALEY'S LAND SURVEYING
THIS MAP. A WRITTEN CONVEYANCE MUST ACCOMPANY SUCH CHANGE
IN OWNERSHIP. THIS RECORD OF SURVEY DOES NOT SERVE AS A 1. PLAT OF OVERLOOK PARK
LEGAL DESCRIPTION FOR THE PROPERTY SHOWN ON THIS MAP. 2. PLAT OF JAY AMYX SUBDIVISION N0.4
3. R.O.S.No.7842 12594 W.EXPLORER DRIVE,SUITE 150
TEALEY'S LAND SURVEYING,ASSUMES NO LIABILITY FOR PRESENT OR CENTER 1/4 CORNER 208-365-0636 �~ BOISE,ID.837I3
FUTURE COMPLIANCE OR NON-COMPLIRCE WITH THE PLANNING AND CP&F No.8446482
ZONING ORDINANCE RESTRICTION AS IT PERTAINS TO BUILDING PERMITS
AND THE ISSUANCE THEREOF.
RECORDING INDEX NO. 321-06-4-1-0--16-1025 DATE: DRAWING NO
.:
JULY, 2022 4416-ROS
4916-ROS Gw 0]-08-Z2 Ol�19:5] Umarks

VEOLIA WATER IDAHO, INC.
JOINT APPLICATION FOR CPCN
AMENDMENTS
EXHIBIT 2

6/16/25,4:10 PM Veolia Mail-6625 N Ustick-Fire Flow Requirement
QVEOLIA Cooper, Catherine<[e-mail]>
6625 N Ustick - Fire Flow Requirement
1 message
Mike Bisagno <[e-mail]> Fri, Jun 13, 2025 at 2:16 PM
To: "Cooper, Catherine" <[e-mail]>
Cathy,
The architect for the structures being built at 6625 N Ustick has been made aware that 950gpm of
fire flow will be approved by me as long as a full NFPA13 fire sprinkler system is installed in his
buildings.
Mike Bisagno
Division Chief- Fire Marshal
Boise Fire Department
https://mail.google.com/mail/u/0/?ik=4d64d5O5aa&view=pt&search=all&permth id=thread-f:l 834846274469472036%7Cmsg-f:1834846274469472036... 1/1