20260221Public Comment Response.pdf

Case No. SSW-W-26-01 RECEIVED
FEBRUARY 21, 2026
APPLICANT'S RESPONSE TO PUBLIC COMMENT IDAHO PUBLIC
UTILITIES COMMISSION
Southshore 2 Water Company, LLC ("Applicant"),by and through its Managing Member,
respectfully submits this Response to the public comment filed February 17, 2026 by Cristina
Jacuzzi on behalf of the Southshore 2 Homeowners Association ("HOA").
This filing is submitted under Modified Procedure pursuant to IDAPA 31.01.01.201—.204 and is
intended to assist the Commission's evaluation of the Application under Idaho Code § 61-526.
I. Scope of Review Under Idaho Code § 61-526
In a Certificate of Public Convenience and Necessity proceeding, the Commission evaluates
whether:
1. The Applicant is operating or proposing to operate a public utility;
2. The Applicant has sufficient authority and control to provide service;
3. The Applicant possesses the technical and financial capability to operate the system; and
4. Granting a CPCN is consistent with the public interest.
The Commission does not adjudicate quiet title actions or private property disputes in a CPCN
proceeding.
II. Continuous Operation and Regulatory Recognition
The domestic water system serving Southshore Subdivision No. 2 has been operated
continuously as a community water system since 2012.
For more than twelve(12)years:
• The Applicant has billed customers for domestic water service;
• The Applicant has maintained and repaired the system;
• The Applicant has borne operational and financial responsibility;
• The system has operated under regulatory oversight of the Idaho Department of
Environmental Quality ("DEQ"); and
• The system has been and is currently in compliance with drinking water regulations.
DEQ has confirmed a consecutive 12-year regulatory relationship with Southshore 2 Water
Company as the responsible party for the system and has stated it will continue recognizing the
Company unless provided judicial confirmation that the responsible parry is different.
"EXHIBIT B"
These facts directly address operational authority and technical capability under Idaho Code §
61-526.

III. Recorded Plat and Covenants
The HOA comment asserts that the recorded Final Plat assigns ownership of the water system to
the HOA.
The recorded Final Plat does not contain language assigning ownership of the domestic water
system to the HOA.
"EXHIBIT C"
The recorded Declaration of Covenants, Conditions and Restrictions provides:
"Ownership: Declarant is the owner(Water System Owner) of the water system(Water
System)."
It further provides:
"Lot Owners shall have no right, title and/or interest in the Water System."
These recorded documents distinguish between ownership of the common area lot and ownership
of the water system infrastructure.
"EXHIBIT D"
IV. Operational Authority
Southshore 2 Water Company, LLC owns and controls the entity that has operated the system
since it became regulated.
The Company owns the associated water right and contracts with the certified operator
responsible for system operation.
No judicial determination has displaced the Applicant as the responsible operator of the system.
"EXHIBIT E"
V. Public Interest
Issuance of a CPCN will:
• Formalize Commission oversight of rates and service;
• Provide regulatory transparency; and
• Ensure continued safe and reliable drinking water service to customers.

The Applicant respectfully submits that the record demonstrates sufficient authority, technical
capability, financial responsibility, and public interest support for issuance of a CPCN pursuant
to Idaho Code § 61-526.
SUMMARY OF CPCN CRITERIA AND APPLICANT STATUS
Statutory Standard
Under Idaho Code § 61-526 and IDAPA 31.01.01, the Commission evaluates:
• Public utility status
• Authority and control

• Technical capability
• Financial capability
• Public interest
Applicant Status
Public Utility Operation
• Domestic water service provided for compensation since 2012.
Authority and Control
• Continuous operation and maintenance by Southshore 2 Water Company, LLC.
• Water right owned by the Company.
• DEQ recognizes the Company as the responsible party for 12 consecutive years.
Technical Capability
• System under DEQ oversight.
• Compliance with drinking water rules.
• Certified operator contracted with the Company for 12 years.
Financial Responsibility
• Company bills customers directly.
• Company bears maintenance and repair costs.
Recorded Documents
• Final Plat does not assign ownership to HOA.
• CCRs state Declarant owns water system and lot owners have no ownership interest.
Conclusion
The record demonstrates continuous operation, regulatory recognition, technical capability,
financial responsibility, and consistency with the public interest as required by Idaho Code § 61-
526.
Ryan Martin
Managing Member
Southshore 2 Water Company, LLC