20260804Decision Memo.pdf

DECISION MEMORANDUM
TO: COMMISSIONER LODGE
COMMISSIONER HAMMOND
COMMISSIONER HARDIE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: TRAVIS CULBERTSON, PROGRAM MANAGER—ACCOUNTING &
FINANCE
CHRIS BURDIN, DEPUTY ATTORNEY GENERAL
DATE: AUGUST 4, 2026
SUBJECT: INVESTIGATION INTO LAKE LOWELL WATER, LLC, OWNER OF A
WATER SUPPLY AND DISTRIBUTION SYSTEM
Lake Lowell Water,LLC("Lake Lowell"), which is identified by the Idaho Department of
Environmental Quality as Lakeview Water Company 1,is a private water utility located in Canyon
County near Caldwell,Idaho. Lake Lowell provides water service to 50 connections. Lake Lowell
is not currently regulated by the Idaho Public Utilities Commission("Commission") and does not
possess a Certificate of Public Convenience and Necessity. Based on Commission Staff s("Staff')
review of information obtained, Staff believes a formal investigation is necessary to determine
whether Lake Lowell is operating as a public utility that should be regulated by the Commission.
Staff recommends that the Commission open a docket initiating a formal investigation to determine
whether Lake Lowell should be regulated and, if so, recommend any further action necessary to
comply with applicable laws.
BACKGROUND
In May 2025,a customer filed an informal complaint with the Commission regarding Lake
Lowell. On June 30,2025, Staff emailed Lake Lowell indicating that Staff had information that it
may be operating as an unregulated public utility within the State of Idaho. On July 9, 2025, Staff
met with Lake Lowell to discuss the Commission's jurisdiction, the process for becoming
regulated, and to obtain a better understanding of the water system. On May 12, 2026, Staff
emailed Lake Lowell requesting an update and seeking to schedule a follow-up meeting to discuss
the regulatory process. As of July 31,2026,Lake Lowell had not responded or provided an update.
DECISION MEMORANDUM 1 AUGUST 4, 2026

STAFF RECOMMENDATION
Based on the available information, Staff believes there is sufficient evidence to merit a
formal investigation to determine whether Lake Lowell is operating as a public utility subject to
the Commission's regulatory jurisdiction. An investigation would include discovery requests to
Lake Lowell, an examination of Lake Lowell's financial records, and a recommendation to the
Commission regarding any further action, if necessary.
COMMISSION DECISION
Does the Commission wish to open an investigation to determine whether Lake Lowell
Water,LLC, should be regulated by the Commission and direct Staff to submit a recommendation
upon completion of the investigation?
Travis Culbertson
Program Manager—Accounting&Finance
I:\Utility\UDMEMOS\Lake Lowell Decision Memo.docx
DECISION MEMORANDUM 2 AUGUST 4, 2026