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HomeMy WebLinkAbout20260428Staff Comments.pdf RECEIVED April 28, 2026 ERIKA K. MELANSON IDAHO PUBLIC DEPUTY ATTORNEY GENERAL UTILITIES COMMISSION IDAHO PUBLIC UTILITIES COMMISSION PO BOX 83720 BOISE, IDAHO 83702 (208) 334-0320 IDAHO BAR NO. 11560 Attorney for the Commission Staff BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF SOUTHSHORE 2 ) WATER COMPANY LLC'S APPLICATION ) CASE NO. SSW-W-26-01 FOR A CERTIFICATE OF PUBLIC ) CONVENIENCE AND NECESSITY ) COMMENTS OF THE COMMISSION STAFF COMMISSION STAFF ("STAFF") OF the Idaho Public Utilities Commission ("Commission"), by and through its attorney of record, Erika K. Melanson, Deputy Attorney General, submits the following comments. BACKGROUND On February 12, 2026, Southshore 2 Water Company LLC ("Company") applied to the Commission requesting a Certificate of Public Convenience and Necessity ("CPCN"), to operate as a public utility in the State of Idaho. The Company requested a CPCN to provide water service to Southshore Subdivision No. 2 in Canyon County, Idaho. Application at 1. The recorded Final Plat and legal description of Southshore Subdivision No. 2 are attached to the Application as Exhibit B. The Company states that it owns and operates a groundwater-based public water system to serve residential customers. Id. A map of the system facilities is attached to the Application as Exhibit C. An Enhanced Sanitary Survey conducted by the Idaho Department of Environmental Quality ("DEQ") is attached to the Application as Exhibit D. Additionally, an acknowledgement STAFF COMMENTS I APRIL 28, 2026 of ownership transfer from the Idaho Department of Water Resources for Water Right No. 63- 32259 is attached to the Application as Exhibit E. The Company states that it currently serves 15 customers. Id. at 2-3. The Company's 2026 Budget is attached to the Application as Exhibit F. The Company's Tariff and Fee Schedule is attached to the Application as Exhibit G. The Company's Customer Notices, Sample Bill, and Annual Summary of Rules are attached to the Application as Exhibits H-I. On March 12, 2026, the Commission issued Order No. 36967, setting a date by which interested parties may intervene. On March 23, 2026, Southshore 2 Homeowners Association, Inc.'s ("HOA") was granted intervention. Order No. 36978. STAFF ANALYSIS Staff reviewed the Company's Application and additional information provided by the Company and the HOA. Based on its review, Staff recommends the Commission: 1. Find that the Company is a water corporation operating as a public utility in Idaho, and issue the Company a CPCN; 2. Designate the service area within the CPCN to include the legal description and the map of the Service Area provided in Attachments A& B; 3. Set rates at the Company's interim rates as submitted in the Application; 4. Order the Company to submit a compliance filing that includes an updated tariff within 30 days of order issuance; and 5. Open a separate docket for Staff to evaluate whether the Company's interim rates are fair, just, and reasonable and perform a reliability analysis of the Company's water system. Public Utility Determination Staff believes that the Company is a public utility as defined by Idaho Code § 61-129(l). The term "public utility" includes "water corporations," defined as every corporation "owning, controlling, operating, or managing a water system for compensation"in Idaho. Idaho Code § 61- 125. Exceptions to Commission regulation include mutual nonprofits, cooperatives, or any other public utility that operates for service at cost and not for profit. Idaho Code § 61-104. STAFF COMMENTS 2 APRIL 28, 2026 Staff evaluated whether the Company qualifies as a public utility under Idaho Code and, in light of applicable exceptions, whether it should be subject to Commission regulation, using the following non-exclusive criteria: a. Is the Company a nonprofit or a co-op? b. Does the company operate for the service of the customers and not for compensation? c. Is the Company owned by its customers? d. Do the customers have control of the rates charged by the Company? e. Do the customers control the operations and capital expenditures of the Company? Based on Staffs evaluation, the Company meets none of the statutory exceptions. The Company is a single-member limited liability company organized under the laws of the State of Idaho. Attachment C. The Company controls all assets of the water system, including the distribution system and Water Right No. 63-32259. Attachment D. Based on Staffs review of the documentation submitted by all parties, the Company maintains the system, follows DEQ's testing schedule, controls the rates, and bills the residents. Staff believes the Company is a public utility operating and managing the water system for compensation and is subject to Commission regulation. Company Service Area Staff reviewed the legal description of the proposed service territory and confirmed that it is consistent with the area where the Company currently provides water service. Staff also verified that the proposed service territory does not overlap with any other water systems and that no municipal water systems exist within 1.0 miles of the area, based on Staffs review of the DEQ water system mapping tool.1 For these reasons, Staff recommends the Commission designate the service territory as described in Attachment A and depicted in Attachment B. The requested service territory consists of Lots I through 16, Block 1, Southshore Subdivision No. 2, Canyon County, including the well lot. Based on this review, Staff confirms that the legal description aligns with the recorded County plat map submitted as Exhibit B of the Application and with the service territory the Company currently services. ' Retrieved from Idaho Department of Water Quality website on April 2,2026: https:Hmgpcase.deq.idaho.gov/SWA/default.html STAFF COMMENTS 3 APRIL 28, 2026 Customer Relations Public Comments As of April 28,2026, four public comments have been submitted. One customer comment was in favor of the water system being regulated and the system remain with its current owner. Three comments were filed by Cristina Jacuzzi, President of the HOA who is an intervenor in this proceeding. These comments include documentation related to HOA meetings, water right licensing, plat maps, and billing correspondence in support of the HOA's claim that it owns the water system. Company Documentation In response to Staff s Production Request No. 4-5 the Company provided primary contact information for customer service and inquiries, as well as its office and operating hours. Tariff The Company included a copy of its proposed tariff in the Application. Application at 42. Staff will work with the Company to update its tariff to ensure compliance with the Commission's Utility Customer Relations Rules. IDAPA 31.21.01. Staff recommends the updated tariff include the following revisions: (1) add approved non-recurring charges; (2) update the late payment charge to one percent per month of unpaid balances, consistent with Idaho Code § 28-22-104; (3) remove the"Meter Tampering/Unauthorized Use Fee"; and(4)create a separate schedule for DEQ fees. Staff recommends the Commission order the Company to submit a compliance filing with an updated tariff, revised consistent with Staffs recommendations above, within 30 days of order issuance. STAFF RECOMMENDATION Staff recommends the Commission issue an order: 1. Finding that Southshore Water 2 Company LLC is a water corporation operating as a public utility subject to Commission jurisdiction pursuant to Idaho Code title 61, and issue the Company a CPCN; 2. Designating the service area within the CPCN to include (1) the legal description provided in Attachment A and(2) the Service Area provided in Attachment B; STAFF COMMENTS 4 APRIL 28, 2026 3. Setting rates at the Company's interim rates as submitted in the Application, pending completion of a rate review; 4. Ordering the Company to submit a compliance filing with an updated tariff, revised consistent with Staff s recommendations above, within 30 days of order issuance; and 5. Open a separate docket for Staff to evaluate whether the Company's interim rates are fair, just, and reasonable, and conduct a reliability analysis of the Company's water system to ensure the system is capable of providing adequate and safe water to its customers. Respectfully submitted this 28th day of April 2026. ( ► 1� Erika K. Melanson Deputy Attorney General Technical Staff. Travis Culbertson, Leena Gilman I:\Utility\UMISC\COMMENTS\SSW-W-26-01 Comments.docx STAFF COMMENTS 5 APRIL 28, 2026 ATTACHMENTA Attachment A: Service Territory Legal Description A Part Government Lot 6 Located In The South 1/2 Of Section 2. Townsship 2 North, Range 3 West Of The Boise Merdian, Canyon County, Idaho Described As: Commencing At Southwest Corner Of Section 2, Township 2 North. Range 3 West Of The Boise Merdian, Canyon County, Idaho And Running Thence S89°57'50"E" 1324.98 Feet Along The South Line Of Said Section To The Southwest Corner Of Government Lot 6 Of Said Section; Thence N00°15'26"W 40.00 Feet To The Point Of Beginning; Thence N0095'26"W 949.50 Feet To Point On The Centerline Of Deer Flat High Line Canal (Said Point Being Also A Point On A Curve); Thence Along Said Centerline The Following Nine (9) Courses; (1)Thence Southeasterly 160.43 Feet Along Said Curve To The Right (Curve Data: Radius=297.50°, Delta=30°53'47", Chord Bearing And Distance=S60°19'34"E 158.49 Feet); (2) Thence S44°52'40"E 172.90 Feet To A Point Of Curve; (3)Thence Southeasterly 197.71 Feet Along Said Curve To The Left(Curve Data: Radius=533.71°, Delta=21°13'29", Chord Bearing And Distance=S55°29'25"E 196.58 Feet); (4)Thence S56°06'09"E 462.99 Feet; (5) Thence Easterly 116.74 Feet Along Said Curve To The Left(Curve Data: Radius=209.00°, Delta=32°00'10", Chord Bearing And Distance=S82°06'14"E 115.23 Feet); (6)Thence N81°53'41"E 285.03 Feet To A Point Of Curve; (7) Thence Easterly 147.28 Feet Along Said Curve To The Right(Curve Data: Radius=315.85°, Delta=26°42'55", Chord Bearing And Distance=S84°44'52"E 145.95 Feet); (8)Thence S71°23'24"E 354.63 Feet To A Point Of Curve; (9)Thence Southeasterly 95.35 Feet Along Said Curve To The Right(Curve Data: Radius=290.00°, Delta=l8°50'21", Chord Bearing And Distance=S61°58'13"E 94.93 Feet); Thence S000 12'47"W 302.34 Feet; Thence N89°57'12"W 486.34; Thence N89°58'00" 1023.65 Feet; Thence N00°05'08"E 282.96 Feet; Thence N89°59'19"'W 269.63 Feet; Thence S00005'08"W 282.86 Feet; Thence N89°58'00"W 31.98 Feet To The Point Of Beginning. Parcel Contains 20.72 Acres Attachment A Case No. SSW-W-26-01 Staff Comments April 28, 2026 ATTACHMENT B Attachment B: Service Territory Map Red line: The Company's Service Territory 4W� i R29982014 R29 9,87 %_ rA1R tt�JJ S11 '' g•, ram_ a .4 R26799 10 2 R 982403 R29982104 f :R26/99509 = i 26799519 A +AR R26799508 R26799507 44' R26799506 R26199518 ; R26799505 R26799527 ��9 1'— :�: a' R26799504 'R26799503 R26799517 "_ , R29982106 R29982105 R26799520 R26799516 R26799515 R26799514 v, R26799513 FR2679952. R26799522 '' ;. r R2 6799501 R29982108 R299810 2 R26799523 R26799524 R26799525 R26799526 R2679 512 R29981010 � R2 1013 .4 R30066 R3 7401 R'30075 ` R30062010 R300750106 � �;• ' R30062 Attachment B Case No. SSW-W-26-01 Staff Comments April 28, 2026 CURVE TABLE FINAL PLAT SHOWING CURVE RADIUS 1DELTA1ZV2 LENGTH BEARING CHORDSOUTHSHOR°E SUBDIVISION NO. Z C1 297.50' 30153'47' 160.4Y S80'19'347E 1$8,49' C2 533.71' 2113'29' 187.71' S35.29'25'E 198.56' C3 202.00' 32'00'le 116.74' S82%'14'E t15.23' it£C050EU C4 316.06' 2b'42.55' 147.28' Sa4'44'52'E 145.95' PART OF GO V. LOT 6 IN THE S 112 OF C15 290.00' IS ST21' 95.35' $61'S8'ISE 94.93' ce J15."' $D'49'W 59.7r N8718'39'E S9.65 - nq nim 30 M I!(..* SECTION !w T. t� J�J, R. Q �T k C7 315.88' 1$'S2'W' 87.56' S7919'SeE 67.28' 1 T !.+ s r• d L. w rl• 1✓.tri CB 76,0Or $2.31'29' b9.19' N2696'4eW 86.78' "•LL:,Lbl It kiJ?Si C9 75.D0' 37'W31" 43.02' N7196'46'W 47.77' chn _`! CANYON COUNTY, IDAHO ell 200000,00, Y817'SV0orw 191 86• k7s•42'a"w 191 pa ?r. , �-• Fmmd aymklum Cap Boundary/rno 2009 r..der Corrwr T SCGIioR LhM Fo1ma MrmlinLrm cep � i'btMd Bross Cap ' caGwmenr L n� NOTES Fouiitl If2"Hon and Lot lino t. AM'RC-SVd�RIW'aY Or M6 PY.cr fHNc CYhPLr W,)WAAFLa:t6F,GEpaw»Nr6 er i cxw com rJ a27;r ar w R OF R Rc S dCv Nai. 3bf 1f2-X 24'hoa rod a. 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O ~\ _•84 D"d� ��tN f, Y IXSTIPIPIr 1� $A L31 AC tp ;C'�`a� `\��,sse• 9L„ e FIRE DISTRICT APPROVAL s66 sae°e \ e/tll \ 9s 39 cm& we m&S W/ea e.Y4 A"%0.«+Ws brae£ ,, qt !�' b eAseu¢}r mtper av ars32_a4r ar• sd n 7 2zzar � C.. -i 0.9 .v T}4NhaS.n.: 0 AC d,b '53'41'E 28ti.03' C6 Cr alr•nr72ravt .. y I eO hye \ 1J 99.6 WH ARE0.�. tit] 3 C3 r 194✓Ac lA �y B i rip a'��s ,S-pair•c - 63' UNPLArrEb t9.3 AC �/ Je .., >R LK 4 zl __ I ��e 8 s41• ! r----Z��1 --- 1 i t.W AC 2j�;� .a9 nc I } nP•� I 111801' --_.�.... r '�'?JI 1.45 AC N89'59'19 fW 269.63' i.,i_. _ t"-7 1_�_ -..W-J i GC 1.a5 ac! F- 1130, a'Y xs9,W4zW 757.16 sn�ia .I 9D. 2f SP' 21258' 13a \ m oph`1:J+1 (� .ry a • rl •�.��__ 71.� —•1�p— —i 't'-1 •'Ld� ( tgy 24'— I rAO.b 48NL 82• _..... 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NO, 2 neGee6GfGM 8ro svkkti*t9 or 1=x...W 1B.Ma 1b,pow IwIv 4 0 keerrM m WW 44W 17"721 G AAW aW RNMARCd M 9 aomlmr r4eDres,w reaea re oiv.eesn a Q! �p� 11P1 e s s}xr1 srn¢r uaE Iewo ems SEC. 2, T. 8 N., .R, 3 TY..B M.. FureZ.�r•�a (04 F rAX°(+OaTaev-vsn 1 1aaA IIP BF 10D!t. mom` e-s'r 00-831 OF AAILOV. . sarnNses7 rDr avmcrvz �.�a �,3 �"'S. FINAL PLAT SHOWING UTHSHORE SUBDIVISION WO. 2 OWNERS CERTIFICATE PARTS OFT GOV. LOT 6 IN THE S 112 OF 4NOW ALL LVEN 8Y THESE PREs£Nr. , . ' SECTION !?, .I. 2 N., R. 3 W..,B.M. THAT NENDFRr is IS TT!£OWNER ON'THE REAL PROPERTY OF.SCR7lEL1 AS BELL OW AND Ir LS MIS Av7ENT10A+TO N`KYltOE SaoCANYON COUNTY, IDAIIO IHIS SUBOMS&W PLAT. ME OWNER ALSO IAFREBY CERME5 THAT THIS 2009 PLAT cWua WLTH/a"CODE'50-rs34(2J. - A PART GO MRMEM LOT 5 LOCATED 9J THE SOUTH 1/2 CF SECAON 2 " 70WAWOP 2 NORTH, RAWF 3 WEST Or THE POISE MERIDIAN, OWYM O0UNTY,44HO DESCRIBED AS' COMMF.NaW AT SOUTHWEST CORNER OF SECTION 2, 10WNS78P 2 MORIN RIVJGE 3 WEsr OF THE 801S£Ai"110 V CANYON COUNTY, IOAHO AND - R(INN/NG THENCE 58937W r 1324.98 FEET ALONG THE SOMM LLNE OF S410 S£070N rO 7HF.SOUTHWEST CORNER OF GOVERNMENT LOT 6 OF SAID SEZ770N,'71TFNCE N00'1526'W 40.00 FEFT 7O THE POINT OF 8FGINAWNG' RlDVr-WO-1526'W 949.50 FEET TO POINT ON THE CENrfRUN6 OF DEER FLAT H/G,. LLNE CANAL (SKID POINT B£1NG ALSO A POINT ON A CURVE); THENCE ALONG SAID CENTFRL/NE THE FOLLOM AG AHNE(9)COURSES'(IJ THENCE SOU7AlrWf£RLY 16a•1.7 FEEr ALONG SAID OURVE'rO THE R/C'M(CURVE.Mr RA09$5 297.50; OELrA-305347. CHORD BFARINC AND DISTANCEeS60'7934T 158.49 FEET),• (2) THENCE S44'5240'E 172,90 FEET 70 A POINT OF CURVE;' (3)THENCE SOUTHEASTERLY 197.71 FEET ALONG.ACID CURVE TO TH£LEFT(CURVE OAm R407US•533,71; DEI.TAc21'1329; CHORD SEARLNC ANO &STANCEGS5.^2925'E'196.58 fFET)1(4)TMFMCE$66'06WT 48299 FEFI;(6) THENCE EASTERY 11674 FEET ALONG SAID CURVE TO 7HF. LEFT(ClA4VE OATAr ARDTUS=209.00; Q�'17A=32'OD'!0; CHORD 8£ARAyG AAD LXSTANCE•=582'O6'74 E" 10.2 FEET);(6) THENCE MS1'53417 286.03 FEET TO A POINT OF CURVE;'(7)THENCE EASTERLY F4128 FEET ALONG SAAO CURVE M rHE RIGHT(CURVE DATA:RAOIUS'm3I5.86. OEL rA-26'42;u: CHORD BEARING AND D/SrANCC-S84'44 52'£145.95 FEET),' ') 'Er 5712374 E•.364-63 FEET r0 A POINT OF CLRVF.,•(9) ]HENCE SOUTHEASTERLY 95..X5 FEET ALONG SAID CURVE 70 7TAr RIGHT (CURVE LTAU,MaUSR29a00; DELTA=18'5021; CHORD BE4RM7G AND DISTANCE=561.5&73 G 94.93 FEET),• TM ME'SOO'1247'W 702.34 Far; rHENCE 1v895772W 486.34,• THENCE N6958h01W 102366 FEET,' RAEHCE N00'05`08£282.96 FED' THENCE Mg'59'191W 269.63 FM, THENCE S00'05198"W 2 ys FEET! riirnwE N7T9.58GOV 31.98 FELT rO 7HE MNT OF BFGLAMNO PARCEL COMMAS 20.72 AGRES THE EASE4lENIS AND PRIVATE ROADS SHOWN ON MS PLAT ARE NOT DEDICATED TO w PUBu4r DUr THE RIXr r0 USE S4tD,ASE ows IS TIERFRY RESERVED FOR PMUC UMIMS AND FOR ANY OTHER USES AS OFSIONATEYI HEREON,AND ND PERMANENT STRUCTURES ARE TO BE ERECTED WI7N rHF. LINES OF$4/1)EA&WEM.'S.ALL LOTS M7I1WN TMS SUBOWISION WILL REMW' OOMF5TTC VIATER FROM A COWUM7Y WAMP SYSTEM OWNED AND?X4WTAINE9.4Y 7ME SOURLSHORF It HOMEOWNERS ASSOCIA rO, 1N WANESS WHERRF WE HAW HEREUNTO SFr OUR HAA05 THIS DtO'OF t 2009. ,�/JsJi C.A7 V�2h Zt fs hs�`_ ED HENDERSHOr �47 :e 4 ACKNOWLEDGMENT z s� _ 'e �` 5�o , STATE OF LDAHO) COUNTY Of A4 •�j Ica LOMNF ED �rAR PBIC, UO Y FRTIFY TMS�§AY OF 2009,PERSONALfY APPERED BFORE HDERSHOT, ONO, BEING BY ME nRSr DULY SWORN, =LARED 1}IAT H£TS THE OWNER OF THE REAL PROPF.RIY, 7HAr HE SLG?UED TH£ - FOREGOAW DOCUMENT AS THE OWNER OF THE REAL PROPERTY,AND THAT 7HE SrA7EMENTS THEREIN CONTAM 0 ARE TRUE. NOTARY PUBLLC:_._..._ j �pT FINAL PLAT My coAlL6ssoN FxPLREs ON— l 4R l� > OF d land Surveying Ina SOUTHSHORB SUB._NO. 2 ,rz ei?2Z 2 ClRAIN dM4 SEC. A T. 2 .T1:, R. 3 01,B.Af. (zavT ws-�s�s F,ur Is21 n 00-8T B dw z s FINAL PLAT SHOWING r a SO UTHSHORE SUBDIVISION NO. 2 r PART OF GOV. LOT 6 IN THE S 112 OF . SECTION 2, T. 2 N., R. 3 W.,B.M. CANYON COUNTY, IDA.HO 2009 NAMPA HIGHWAY DISTRICT J1 APPROVAL MUM HIGHWAY Dd57WI'NO. 1 DOES'HEREBY ACCEPT THIS PLAT 1N ACCORO4AICE WITH ME'PROVISIONS'OF LC. 54-1312.PRNAT£STR£t.T CANYON COUNTY RECORDER'S CER TIFICA TE D£PICrED ON tWS PLAT ARE NOT XWAgAXW BY aR LWD£R 7}IE O&ICAt�OR ASSURES W ri7HH£7X'v�"Riwi PEW.£TSVO LECA wtu Be AcrEPT£D PLANNING & ZONING APPROVAL AS PU&1G'STREETS IN THE r•U7URC /f�' o m6 co Mfrs av a,r4IS ACCE> T cowry APPROVED ON TrHE- I a4r & NAMPA HIGHWAY OiSWT �� PlANN1N oNrNc GA7A44tJAN CANYON COUNTY PLANWING 8c T.t7N/NG' COUNTY SURVEYOR APPROVAL t, THE UNDERSGHFO, MraS70051 LAND SURVEYOR FOR CANYON COUNTY, 64Ha, D0 HER£8Y CERrsy THAT t HAVE CHECKED Tw PLAT AAV TH4T 17 COUPLES WITH THE SPATE Or 04HO CODE RE7AT#W TO PL475 AND SUR DIZE 50, CHAPTER T3. � C f Pl3 y30 CANYON COUNTY SURVEYOR BOARD OF COUNTY COMMISSIONERS APPROVAL 1,, THE UNDERSIGNED COUNTY C0J"SStLN&?FOR C4NMV q'WNTY, 194HO, SUR VE-YOR S CER TIFICA TE HEREBY CERItFY 7M4T AT A REGULAR PUy&,W-4R4VV TCaK LVRD 4F COUNTY COMt,!l,SSlON£R5 HE40 ON TIiE'_HN��''DgY I, JE VMAH B, F&WNG, OO HpZEBY COMFY TMr r AM A 2009, THIS PL;7 '50 -tORF SUS/A"YON AV. 2'WAS DULY PROFFSS0VAL LAND SWWYOR W THE STATE 24 OF W, AND 7M- 7 THIS AC!.F .D P f1 Q - PG4T AS O£SCR�£O!N THE OWNERS C£RTNr7CATF HAS ORRWH FROM COUNTY TREA SURER S CER TIFI CA TE y/=--;%' 'e- R£CORO#VRWM nGfVr AND A SURVEY MADE ON mf GROUND 010CR Mr SUPERWSION AAV ACCURATELY RV'W3VN7S THE POAVTS PLATTED /, 1Hf UNDFFSTDNED, A0[tN1Y T77F.5URER AV ANO FOR ALW COLU✓n;fakHO, ��/�/iaxwy HEREON,AND IS IN C01�"aW7Y W11H ME STATE Or ILYVlO CODE' PER THE REQLHR£MENTS OF 1.O SD-J,YQ9, DO HEREBY CER]TAY THAT ANY '� ,w /l,s-,� RELM1T/NG TO PL17S AnQ7 S(k76�1'S 7 AND ALL CbV?r AND/OR OaWOUF.NT C"rY PROPERTY TAXES FOR 774<' PROPERTY lNCLUfJ£O 4V TH/5 SU80Pi7VON lb9VE AEfN A4/D 1N FULL. TAT1S + � � "�- ! �y`'�G`•STf cEg7I,VATAON 15 VAL19 FOR THE NEXT THIRTY(30)LL7YS ONLY. GOUN d R9 V?CMAH B. fYEZON7G, P.. . 0�v}X- .,Q- IDAHD LICENSE NO. 12PNJ 9T'Lh�E'8.EOW�` Am"i e � RR W - FIN of�T land Surveying.Inc. SOUTHSHORE SUB. NO. 2 r m N°sSWOT7AArere xSa boy rs SEC, 2, T. 2 N., A 3 Jr,B.AI, On71i: a-s-o7 A aD-8m OF a 3 a�cAzt on .W ATTACHMENT C 251 all r. CERTIFICATE OF ORGANIZATION LIMITED LIABILITY COMPANY 12 4UIN 13 IN 2: 45 OT - Of (Instructions on back of application) SECRE TAR,( OF STATE STATE OF MAHO 1. The name of the limited liability company is: SouthShore 2 Water Company LLC 2. The complete street and mailing addresses of the initial designated office: 701 S.Allen St STE 104 (Street Address) Meridian ID 83642 (Mailing Address.if different than street address) 3. The name and complete street address of the registered agent: Don Hubble 701 S.Allen ST STE 104 (Name) (Street Address) 4. The name and address of at least one member or manager of the limited liability company: F1an]E Address Don Hubble 701 S.Allen St STE 104 v. Mailing address for future correspondence (annual report notices): 701 S.Allen St STE 108 Meridian ID 83642 6. Future effective date of filing (optional): Signature of a manager, member or authorized person. Secretary of Stale use only Signature Typed Name: Don Hubble Signature NANO SECRETARY OF STATE 9 06/13/2012 05:00 Typed Name: 1C0 18BBBB CT:108 8Bb ORGANiLLCf t42 72 Attachment C Case No.SSW-W-26-01 Staff Comments April 28,2026 254 T s AMENDMENT TO CERTIFICATE OF ORGANIZATION 4e LIMITED LIABILITY COMPANY FILED EFFECTIVE �r o Title 30, Chapters 21 and 25, Idaho Code _3 AM 8;:53 Base Filing fee:$30.00. �. a Complete and submit the application in licat . SESTATE�� F S--ATE 1. The name of the limited liability company is: SouthShore 2 Water Company LLC 2, The date the certificate of organization was originally filed 6/13/2012 3. The name of the limited liability company is amended to N/A 4 The complete street and mailing addresses of the principal office is amended to: NIA j Stre e:t Address1 Wailing ,itdiftorr_•ntt 5, The mailing address for future correspondence (annual reports) is amended to: NIA 6. The name and address of the managers/members shall be amended as folio Add: Z Delete: ❑ Ryan Martin P.O. Box �o O ,Pl�•r:o:c�7, ID 836f o Add: ❑ Delete: ® E. Don Hubble 701 S. Allen St. #104, Meridian, ID 83646 Add: ❑ Delete: ❑ i• ilYl>) {A�dtOSSj 7. Signature of a manager, member, or authorized person. Secretary of State use only Printed Name: E. Don Hubble or STATE Signature: .(h� _� 3i'20-.8 0'5r C40 Printed Name: Ryan Martin x L o_ 0 0.0 0 0 FGAK Nr' 4-, Signature Rev,06/2018 73 Attachment C Case No.SSW-W-26-01 Staff Comments April 28,2026 4 ►T& � STATE OF IDAHO C O for Office Use Only Office of the secretary of state, Phil McGrane .+ c ANNUAL REPORT -FILED- Idaho Secretary of State C PO Box 83720 File#:0006229955 U rE o4 Boise, ID 83720-0080 I (208)334-2301 Date Filed:5/3/2025 11:04:42 AM C Filing Fee:$0.00 U C Entity Name and Mailing Address: U Entity Name: SOUTHSHORE 2 WATER COMPANY LLC The file number of this entity on the records of the Idaho 0000353037 Secretary of State is: .. Address PO BOX 1293 EAGLE, ID 83616-1293 Entity Details: Entity Status Active-Existing This entity is organized under the laws of: IDAHO N If applicable,the old file number of this entity on the records of W114771 n the Idaho Secretary of State was: CD The registered agent on record is: I Registered Agent RYAN MARTIN Q Registered Agent Physical Address �C 1509 S TYRELL LN C STE 180 H BOISE, ID 83706 rt Mailing Address ~ 1509 S TYRELL LN STE 180 BOISE, ID 83706-6658 O rt Limited Liability Company Managers and Members rf Name Title Business Address �:V Ryan Martin Manager PO BOX 1293 CD EAGLE, ID 83616 i__ Q N The annual report must be signed by an authorized signer of the entity. Job Title: Manager Cr CD Ryan Martin 0510312025 n Sign Here Date ct (DD n O t-t U. Ct ly Ct CD Attachment C Page 1 of 1 Case No.SSW-W-26-01 Staff Comments Page 1 of 1 April 28,2026 ATTACHMENT D Page 1 State of Idaho Department of Water Resources Water Right License WATER RIGHT NO. 63-32259 Priority: February 13, 2012 Maximum Diversion Rate: 0.33 CFS It is hereby certified that FIRST SECURITY CORP MOLLY RIGBY ASSISTANT VICE PRESIDENT 401 W FRONT ST BOISE ID 83702 has complied with the terms and conditions of the permit, issued pursuant to Application for Permit dated May 13, 2005; and has submitted Proof of Beneficial Use on . An examination confirms water is diverted from: SOURCE GROUND WATER and a water right has been established as follows: BENEFICIAL USE PERIOD OF USE DIVERSION RATE DOMESTIC 01/01 to 12/31 0.33 CFS LOCATION OF POINT(S) OF DIVERSION: GROUND WATER L6 (SE'/SWYi) Sec, 2, Twp 02N, Rge 03W, B.M. CANYON County PLACE OF USE: DOMESTIC Twp Rge Sec I NE I NW SW I SE j NE j NW j SW j SE I_ NE j NW j SW j SE I_ NE j NW j SW j SE I_ NE j NW j SW j SE I_ Totals 02N 03W 2 1 I I x I x I I I L6I I CONDITIONS OF APPROVAL 1. The domestic use authorized under this right includes water for 15 homes. This component of the domestic use shall not exceed 13,000 gallons per day within each platted subdivision lot upon which a home has been constructed. 2. The domestic use also includes water for the well lot, lot 16. The well lot component of the domestic use is limited to 0.04 cfs and 2,500 gallons per day. 3. The irrigation occurring under this domestic use shall not exceed 1/2 acre per lot, within platted subdivision lots 1-15, upon which a home has been constructed. 4. Point of diversion is located within Lot 16, Blk. 1, Southshore Subdivision No. 2. 5. Place of use is located within Lots 1-16, Block 1, Southshore Subdivision No. 2. 6. The right holder shall make full beneficial use of all surface water rights available to the right holder for irrigation of the lands authorized to be irrigated under this right. The right holder shall limit the diversion of ground water under this right to those times when the surface water supply is not available or the surface water supply is not reasonably sufficient to irrigate the place of use authorized under this right. Attachment D Case No. SSW-W-26-01 Staff Comments 48 April 28 2026 Page 2 State of Idaho Department of Water Resources Water Right License WATER RIGHT NO. 63-32259 7. If the surface water right(s) appurtenant to the place of use is sold,transferred, leased or used on any other place of use, this right to divert groundwater for irrigation shall not be used without an approved transfer pursuant to Section 42-222, Idaho Code, or approval of the Department if a transfer is not required. 8. Diversion and use of water for the irrigation component of the domestic use, when combined with all other rights for the same purpose, shall not exceed a combined total of 33.8 acre annually at the field headgate. 9. Diversion and use of water for the in-house component of this domestic use shall not exceed 9 AF annually. 10. After specific notification by the Department, the right holder shall install a suitable measuring device or shall enter into an agreement with the Department to determine the amount of water diverted from power records and shall annually report the information to the Department. 11. When ordered by the Director, the right holder shall provide mitigation acceptable to the Director to offset depletion of lower Snake River flows needed for migrating anadromous fish. The amount of water required for mitigation,which is to be released into the Snake River or a tributary for this purpose, will be determined by the Director based upon the reduction in flow caused by the use of water pursuant to this right. Any order of the Director issued in accordance with this paragraph shall be in conformance with applicable rules allowing the right holder due process as the need for mitigation and the amount of mitigation are determined. This license is issued pursuant to the provisions of Section 42-219, Idaho Code. The water right confirmed by this license is subject to all prior water rights and shall be used in accordance with Idaho law and applicable rules of the Department of Water Resources. Signed this k7— day of �t,brv�a v-y 2012. W, GARY SPAC AN Interim Director Attachment D Case No.SSW-W-26-01 Staff Comments April 28,2026 49 Form 42-248/42-1409(6) Rev.1115 R E C E I V E STATE OF IDAHO � � 0B DEPARTMENT OF WATER RESOURCES WATER RESOURCES Notice of Change in Water Right Ownership WESTERN REGION 1. List the numbers of all water rights and/or adjudication claim records to be changed. If you only acquired a portion of the water right or adjudication claim,check"Yes"in the"Split?"column. If the water right is leased to the Water Supply Bank,check"Yes". If you are not sure if the water right is leased to the Water Supply Bank, eft•#§of the instructions. Water Right/Claim No. Split? Leased to Water Water Right/Claim No. Split? Leased to Water Supply Bank. Supply Bank? 63-32259 Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ 2. Previous Owner's Name: Hubble Homes, LLC Name of current water right holder/claimant 3. New Owner(s)/Claimant(s): SOUTHSHORE 2 WATER COMPANY LLC New owner(s)as listed on the conveyance document Name connector ❑and ❑or ❑and/or PO Box 968 Meridian ID 83680 Mailing address City State ZIP 208-287-8811 support@boardwalkidaho.com Telephone Email 4. If the water rights and/or adjudication claims were split,how did the division occur? ❑ The water rights or claims were divided as specifically identified in a deed,contract,or other conveyance document. ❑ The water rights or claims were divided proportionately based on the portion of their place(s)of use acquired by the new owner. 5. Date you acquired the water rights and/or claims listed above: 12-31-2017 6. If the water right is leased to the Water Supply Bank changing ownership of a water right will reassign to the new owner any Water Supply Bank leases associated with the water right. Payment of revenue generated from any rental of a leased water right requires a completed IRS Form W-9 for payment to be issued to an owner.A new owner for a water right under lease shal I supply a W-9.Water rights with multiple owners must specify a designated lessor,using a completed Lessor Designation form. Beginning in the calendar year following an acknowledged change in water right ownership,compensation for any rental will go to the new owner(s). 7. This form must be signed and submitted with the following REQUIRED items: ® A copy of the conveyance document — warranty deed, quitclaim deed, court decree, contract of sale, etc. The conveyance document must include a legal description of the property or description of the water right(s)if no land is conveyed. ® Plat map, survey map or aerial photograph which clearly shows the place of use and point of diversion for each water right and/or claim listed above(if necessary to clarify division of water rights or complex property descriptions). ® Filing fee(see instructions for further explanation): o $25 per undivided water right. o $100 per split water right. o No fee is required for pending adjudication claims. ❑ If water right(s)are leased to the Water Supply Bank AND there are multiple owners,a Lessor Designation form is required. ❑ If water right(s)are leased to the Water Supply Bank,the individual owner or designated lessor must complete,sign and submit an IRS Form W-9. 8. Signature: ��1—L n/Itu1 ► -1 �f Lil'gnature of new owner/claimant Title,ifapp noble Date Signature: Signature of new owner/claimant Title,if applicable Date FarlDWRO i :Y nl �V Q _ y �G/ t / Receipted b Date l a �Jvf( Receipt No. Receipt Amt. Active in the Water Supply Bank? Yes❑ No B[ If yes,forward to 0 e State Office for processing W-9 received? Yes❑ Now Name on W-9 Approved by_ Processed by Date 1/5 A 01 _ 50 Attachment D Case No.SSW-W-26-01 Staff Comments April 28,2026 BILL OF SALE THIS BILL OF SALE is effective the 31 st day of December, 2017,and is between Hubble Homes, LLC, an Idaho limited liability company ("Transferor), and SouthShore 2 Water Company, LLC, an Idaho limited liability company("Transferee"). For valuable consideration, including the respective rights and obligations associated that certain Membership Interest Purchase Agreement of approximately even date herewith (the "Agreement")between E.Don Hubble,as seller thereunder,and Ryan Martin,as buyer thereunder, which Agreement necessarily involves Water Right No. 63-32259 (together with all rights and other appurtenances associated therewith, the "Water Right"), Transferor hereby sells, transfers, conveys,and sets over to Transferee all of Transferor's right,title, and interest in and to the Water Right upon the terms and terms and conditions set forth in the Agreement, which Agreement is incorporated herein by this reference. The Water Right subject to this Bill of Sale is being conveyed as-is, where-is. All other representations and warranties of the parties related in any way to the Water Right are set forth in the Agreement. TRANSFEROR: Hubble Homes, LLC TRANSFEREE: SouthShore 2 Water / Company, LLC By: --___ / ` - _ B Cam- ----- Y. Print: E ,1 Print: /jrJ /1/LOP�6r Title: i f�i � -i ,lb GL Title: M4y Bill of Sale— 1 Attachment D Case No.SSW-W-26-01 51 Staff Comments April 28,2026 IDAHO DEPARTMENT OF WATER RESOURCES 12/16/2025 Proof Report Water Right 63-32259 Owner Type Name Current Owner SOUTHSHORE 2 WATER COMPANY LLC Original Owner HENDERSHOT CONSTRUCTION INC Previous Owner HUBBLE HOMES LLC Priority Date: 2/13/2012 Basis: License Status:Active Source Tributary GROUND WATER Beneficial Use From To Diversion Rate Volume DOMESTIC 01/01 12/31 0.330 CFS Total Diversion 0.330 CFS Source and Point(s) of Diversion: GROUND WATER L6(SESW) Sec. 2, Twp 02N, Rge 03W, CANYON County Place Of Use: DOMESTIC within CANYON Countv T02N R03W S2 L6 SESW T02N R03W S2 SWSE Conditions of Approval: 1. The domestic use authorized under this right includes water for 15 homes. This component of the domestic use shall not exceed 13,000 gallons per day within each platted subdivision lot upon which a home has been constructed. 2. The domestic use also includes water for the well lot, lot 16. The well lot component of the domestic use is limited to 0.04 cfs and 2,500 gallons per day. 3. 070 The irrigation occurring under this domestic use shall not exceed 1/2 acre per lot,within platted subdivision lots 1-15, upon which a home has been constructed. 4. X59 Point of diversion is located within Lot 16, Blk. 1, Southshore Subdivision No. 2. 5. X60 Place of use is located within Lots 1-16, Block 1, Southshore Subdivision No. 2. 6. 065 The right holder shall make full beneficial use of all surface water rights available to the right holder for irrigation of the lands authorized to be irrigated under this right. The right holder shall limit the diversion of ground Page 1 of 263-32259 Attachment D Case No.SSW-W-26-01 Staff Comments April 28,2026 IDAHO DEPARTMENT OF WATER RESOURCES 12/16/2025 Proof Report water under this right to those times when the surface water supply is not available or the surface water supply is not reasonably sufficient to irrigate the place of use authorized under this right. 7. 104 If the surface water right(s)appurtenant to the place of use is sold, transferred, leased or used on any other place of use, this right to divert groundwater for irrigation shall not be used without an approved transfer pursuant to Section 42-222, Idaho Code, or approval of the Department if a transfer is not required. 8. Diversion and use of water for the irrigation component of the domestic use, when combined with all other rights for the same purpose, shall not exceed a combined total of 33.8 acre annually at the field headgate. 9 Diversion and use of water for the in-house component of this domestic use shall not exceed 9 AF annually. 10. 01 M After specific notification by the Department, the right holder shall install a suitable measuring device or shall enter into an agreement with the Department to determine the amount of water diverted from power records and shall annually report the information to the Department. 11. 103 When ordered by the Director, the right holder shall provide mitigation acceptable to the Director to offset depletion of lower Snake River flows needed for migrating anadromous fish. The amount of water required for mitigation, which is to be released into the Snake River or a tributary for this purpose, will be determined by the Director based upon the reduction in flow caused by the use of water pursuant to this right. Any order of the Director issued in accordance with this paragraph shall be in conformance with applicable rules allowing the right holder due process as the need for mitigation and the amount of mitigation are determined. Combined Use Limits: N/A SubCase: N/A Water Supply Bank: N/A Page 2 of 263-32259 Attachment D Case No.SSW-W-26-01 Staff Comments April 28,2026 CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I HAVE THIS 281h DAY OF APRIL 2026, SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN CASE NO. SSW-W-26-01, BY E-MAILING A COPY THEREOF, TO THE FOLLOWING: SOUTHSHORE 2 WATER COMPANY LLC RYAN MARTIN, MANAGING MEMBER P.O. BOX 1293 EAGLE, ID 83616 EMAIL: ryangn-nsquared.us Intervenor: Southshore 2 Homeowners Association, Inc. Attorney for Intervenor: Daniel W. Goodman MORROW& FISCHER, PLLC 4 Ogden Avenue Nampa, ID 83651 EMAIL: dangmarrowfischer.com PATRICIA JORDAN, SECRETARY CERTIFICATE OF SERVICE