20260312Petition to Intervene.pdf

Daniel W. Goodman, ISB No. 12041 RECEIVED
MORROW& FISCHER, PLLC MARCH 12, 2026
4 Ogden Ave. IDAHO PUBLIC
Nampa, ID 83651 UTILITIES COMMISSION
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorney for Petitioner
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF Case No. SSW-W-26-01
SOUTHSHORE 2 WATER COMPANY
LLC'S APPLICATION FOR CERTIFICATE
OF PUBLIC CONVENIENCE AND SOUTHSHORE 2 HOMEOWNERS
NECESSITY. ASSOCIATION,INC.'S PETITION TO
INTERVENE
COMES NOW, Petitioner, Southshore 2 Homeowners Association, Inc. ("Petitioner" or
"HOA"), by and through its counsel of record, Daniel W. Goodman of the law firm Morrow &
Fischer, PLLC, and pursuant to IDAPA 31.01.01.071-074, respectfully petitions the Idaho Public
Utilities Commission ("Commission") for leave to intervene as a party in the above-captioned
proceeding. In support thereof, Petitioner states as follows:
I. PETITIONER AND BACKGROUND
1. Petitioner, Southshore 2 Homeowners Association, Inc., is a homeowners'
association duly incorporated and operating under the laws of the State of Idaho.
2. The HOA's mailing address is as follows:
Southshore 2 Homeowners Association, Inc.
c/o Idaho HOA Management
P.O. Box 9
Caldwell, ID 83606-0009
3. The HOA represents the interests of homeowners located within Southshore No. 2
Subdivision, a neighborhood comprised of sixteen (16) lots with fifteen (15) single family homes
PETITION TO INTERVENE-Page 1 of 5

served by the water system that is the subject of the above-captioned Application ("Water
System").
4. The Water System is used by the members/homeowners residing within the HOA
for domestic water usages.
5. The Water System draws water from a well located on Lot 16 of Block 1 (parcel
no.267995270)within the HOA and to which the HOA holds exclusive title ("Well").
6. Petitioner conducted an extensive titles, documents and records search with respect
to the water system and the history of the HOA and has determined that the HOA exclusively owns
the Water System.
7. On or about February 12, 2026, Southshore 2 Water Company LLC ("Applicant")
filed an Application with the Commission seeking a Certificate of Public Convenience and
Necessity ("CPCN")pursuant to Idaho Code § 61-526 to operate a water utility.
8. The Application represents that the Applicant owns the water system serving the
subdivision.
9. On information and belief,Petitioner has determined that the Water System,which
includes all water system facilities and infrastructure associated with the Well is owned exclusively
by the HOA, not the Applicant.
10. The Applicant's relationship to the system arises from the holding of an associated
water right (63-32259), but Applicant is merely a licensee granted temporary and revocable
permission by the HOA to operate the Water System on the HOA's behalf.
11. The HOA continues to reserve its right to revoke the Applicant's licensee privileges
at any time.
12. The Applicant is not the owner of the Water System and holds not property interest
in the Water System.
II. PETITIONER'S DIRECT AND SUBSTANTIAL INTEREST
13. Pursuant to IDAPA 31.01.01.071,Petitioner, a person hereby claiming a direct and
substantial interest in these proceedings, may petition to intervene as a party.
14. The HOA owns, maintains, and is responsible for the physical water system
infrastructure that serves the residents of the subdivision.
PETITION TO INTERVENE-Page 2 of 5

15. The outcome of these proceeding may directly affect:
a. Ownership and control of the water system infrastructure;
b. The regulatory status of the water system;
C. The authority of the Applicant to charge homeowners for water service; and
d. The rights and obligations of the HOA and its members with respect to the
water system.
16. Because the Application may result in regulatory approval affecting property
owned by the HOA and services provided to its members, the HOA has a direct and substantial
interest in the subject matter of these proceedings.
17. No other party in these proceedings adequately represents the HOA's interests
regarding ownership and governance of the water system.
III. INTERVENTION WILL NOT UNDULY BROADEN THE ISSUES
18. The HOA's participation will not unduly broaden the issues in these proceedings.
19. Rather, the HOA's participation will assist the Commission in determining:
a. The Applicant's limited privileges and lack of ownership with respect to the
Water System;
b. The legal relationship between the Applicant, the Water System and the
HOA; and
C. Whether the Application accurately represents the nature of the Water
System and the Applicant's authority to operate it.
20. These issues are directly relevant to the Commission's determination whether
issuance of a CPCN under Idaho Code § 61-526 is appropriate.
IV. RELIEF SOUGHT
21. Petitioner seeks leave to intervene in these proceedings as a party thereto and
therein.
22. If intervention is granted, the HOA intends to participate fully in the proceedings,
including presenting evidence, conducting discovery, examining witnesses, filing testimony or
briefing, and otherwise participating as permitted under the Commission's Rules of Procedure.
PETITION TO INTERVENE-Page 3 of 5

23. In light of the foregoing, the Commission should deny the Applicant's CPCN
application.
V. CONCLUSION
WHEREFORE,Petitioner, Southshore 2 Homeowners Association,Inc.,respectfully requests that
the Commission:
1. Grant this Petition to Intervene;
2. Recognize the HOA as a party to this proceeding;
3. Deny the Applicant's CPCN application; and
4. Grant such further relief as the Commission deems just and appropriate.
DATED this 12th day of March, 2026.
MORROW&FISCHER, PLLC
/s/Daniel W. Goodman
Daniel W. Goodman
Attorney for Petitioner
PETITION TO INTERVENE-Page 4 of 5

CERTIFICATE OF SERVICE
I hereby certify that on this 12th day of March, 2026, I caused to be served a true and
correct copy of the foregoing document by the method indicated below to the following:
Monica Barrios-Sanchez Email : [e-mail]
Commission Secretary
Idaho Public Utilities Commission
c/o Monica Barrios-Sanchez, Commission
Secretary, for:
Commission President Edward Lodge
Commissioner John R. Hammond, Jr.
Commissioner Dayn Hardie
Deputy Attorney General Erika K. Melanson
11331 W Chinden Blvd., Ste. 201-A
Boise, Idaho 83714
Southshore 2 Water Company LLC Email : [e-mail]
c/o Ryan Martin, Manager
1509 S Tyrell Ln, Ste 180
Boise, Idaho 83706-6658
/s/Daniel W. Goodman
Daniel W. Goodman
PETITION TO INTERVENE-Page 5 of 5