20260224Comments_2.pdf

Name: Sherry Hartman
Submission Time: Feb 23 2026 3:42PM
Email: [e-mail]
Telephone: [phone]
Address: 1036 Bear Claw Rd
Clark Fork, ID 83811
Name of Utility Company: Bear Claw Water System
Case ID: BCW-W-25-02
Comment: "The Bear Claw Subdivision was developed in or around 1995.As part of the original
Agreement,the subdivision was set up with a single well and it was documented that the developer
(James White)would install(at his own cost)a second well once 15 homes had connected to the
original well. Homeowners were charged$25 per month for water usage and payments were sent to
US Bank as Trustee of the Bear Claw Water System Trust. Most developers of subdivisions include
some kind of hook-up fee when each lot is sold so that the water system has a good corpus
available for any needed repairs or improvements. Mr.White did not do this and additionally,
neither James White, nor US Bank set up any kind of billing system or record-keeping as to
payments received or expenses incurred.
As the years went on, more lots were sold and more homes connected to the water lines, all with no
notice to anyone since US Bank was Trustee(and the Trustee offices were not in the State of Idaho)
and Mr.White had passed on.The water system has been maintained and the HOA has kept an eye
on the number of lots connected so they could be apprised as to when the threshold number of
connections occurred and the second well would be drilled. Unfortunately,when that number was
exceeded, neither Mr.White's estate nor the US Bank offices held to the promise of drilling the
second well.Additionally, on December 1, 2010,the monthly rates for the water usage were
increased to$50 per month by notice of a letter to residents.
Fast forward to today,we understand that the PUC is assessing whether or not rate increases are
warranted because it is fully recognized that a second well must be drilled and the Bear Claw Water
System Trust is inadequately funded to currently pay for this well. My comments (below)are in
opposition to any rate increases for the following reasons:
• The second well was to be drilled and installed at the cost of either Mr.White or the Bear
Claw Water System Trust—not the residents of the Bear Claw Subdivision in any capacity
• The Water System Trust should have plenty of funds available to drill a new well since there
have been many years where there were no improvements or repairs to the system and Bear Claw
residents have been paying into the Water System Trust for years
• It is not the fault of the current Bear Claw residents that the Water System Trust was not
managed in a way wherein hook-up fees and monthly usage fees were not initiated, collected, and
accounted for
• It is our understanding that the PUC will use data beginning from Oct 2024 to assess what is
fair and reasonable for monthly water rates.This data will not provide the PUC with adequate
information to assess whether or not the current rate of$50 per month per household will sustain a
water system going forward.
1

o The system has been in place for years prior to October 2024 so it would be prudent to use
data from occupancy dates (for each lot sold)filed with the County to determine how much money
should have been paid into the Bear Claw Water System trust over the years from each lot owner
o US Bank, as former Trustee should have records as to monies received and any expenses
that were paid. If it does not,that seems like an unethical business practice that should be pursued
Legally
• Using data only beginning October 2024,will severely and unfairly compromise the PUC's
ability to provide an accurate assessment of the overall repair and upkeep costs of the water
system as a whole, since there were two major repairs needed after that time period
Please do not assess upcoming expenses for the Bear Claw Water System onto the backs of the
current residents but instead, make sure that the second well expenses are paid for by the James
White estate or whoever is actually responsible to have installed the second well some time ago.
Additionally,the Bear Claw HOA has been asked to take over the responsibility for the water system
which is not necessarily a bad idea if we are handed a system that is physically and financially
healthy and does not unreasonably and unfairly shift financial responsibility from the subdivision
developer(James White estate) or US Bank as former Trustee of the water system.
Thank you for your consideration and wisdom.
Sherry Hartman
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From: Mike Vertullo
To: secretary
Cc: kelly vertullo
Subject: Bear Claw Water System Case Number(BCW-W-25-02)
Date: Monday,February 23,2026 6:04:49 PM
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PUC commission,
I'm a resident of the Bear Claw subdivision Clark Fork ID and customer of the Bear Claw
Water System LLC.
It came to my attention that the PUC will be meeting and setting our monthly water rates. We
currently pay $50.00 per month for water.
My concerns are as follows.
The method being used to set the rate by collecting a one year sample of P&L.May not reflect
the true cost of supplying water and maintaining the water system. Last year we had two
major problems. Number one the original pump that was installed in1999 failed. Number two
water main break that drained the 55000 gallon cistern tank. Prior to that we have not had
major failures of that magnitude. In both instances these were multiple day shutdowns
resulting in lengthy repairs.I don't believe these should be considered normal maintenance and
operating expenses.These are catastrophic failures of a 26 year old water system. I can
imagine these being very high cost repairs.
Additionally I have concerns over the management of the water system.
We have never been billed for water. Upon purchasing our lot. We were told by another
homeowner that we need to send a check for $50.00 to US Bank. This was an honor based
system with no billing or oversite. As far I Know there was never any money put aside for
repairs, maintenance and operating expenses.I'm not even sure how the $50.00 per month rate
was established.
We now send a monthly check of$50.00 to Spurgetis Law. Using the same honor system.
How can a Law firm manage a water system? How many people are hooked up?How many
people are paying that are using water? .Did they have a reserve account to pay for repairs. We
have no meters. How are we charged when they don't know how much water is used by each
customer?
I'm asking the commission to take these concerns into consideration when setting rates.
As a homeowner and retiree, I'm concerned that water rates can substantially increase. I also
believe that the system has been mismanaged. We should not have to pay for substandard
service and incompetence. We only want water provided at a fair and reasonable price.

Thank you for hearing my concerns,
Mike Vertullo
1470 Bear Claw Rd
Clark Fork ID 83811