20120524FLS to Staff 45-66.pdf

FALLS WATER
COMPANY
2180 N Deborah Dr, Idaho Falls, Idaho 83401 Tel.: [phone]
Website: www.fallswater.com Fax: [phone]
May 23, 2012
Idaho Public Utilities Commission
472 West Washington Street
P0 Box 83720
Boise, Idaho 83720-0074
Enclosed are one (1) original and seven (7) copies of the Company's response to the First
Production Request for case no. FLS-W-12-01. Also enclosed is a CD disk electronic versions of
the Excel files referenced in the response.
If you need anything else, please, let me know what you need.
Thank you,
K. Scott Bruce
Genera! Manager Or- Falls Water Company, Inc.
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Enclosures Cl)
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K. Scott Bruce
Falls Water Company, Inc.
2180 North Deborah Dr
Idaho Falls, ID 83401
Tel. [phone]
Fax [phone]
E-mail: [e-mail]
Representative for Falls Water Co., Inc.
REC1VED
212H:2 PH 2:06
ibI-
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-
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
FALLS WATER COMPANY FOR AN ORDER ) CASE NO. FLS-W-12-1
AUTHORIZING INCREASES IN THE COMPANY'S
RATES AND CHARGES FOR WATER SERVICE. ) COMPANY'S RESPONSE TO SECOND
) PRODUCTION REQUEST OF THE
) COMMISSION STAFF TO FALLS WATER
) COMPANY
Falls Water Company hereby submits the following responses to the second production request of the
commission staff. The records are held by Falls Water Company in their main office located at 2180
North Deborah Drive, Idaho Falls, Idaho 83401. Scott Bruce is the contact person for the records and
can be reached at [phone]. Scott Bruce, General Manager, will be the witness who can sponsor
answers at hearing for the responses to the production requests unless noted differently in the
response.
REQUEST NO. 45: Please identify the number of field collections on a monthly basis for each
year from 2009 forward to date. Please identify the separate classes of customers and include whether
those collections were completed during normal business hours or outside of normal business hours.
RESPONSE TO REQUEST NO. 45:
Response prepared by Scott Bruce, General Manager. Witness at hearing will be Scott Bruce.
Refer to Excel file "Response to Request No. 45.xlsx" on the accompanying CD for the requested
information.
1
REQUEST NO. 46: Please identify the number of disconnections for non-payment on a monthly
basis for each year from 2009 forward to date. Please identify the separate classes of customers and
include whether those disconnections were completed during normal business hours or outside of
normal business hours.
RESPONSE TO REQUEST NO. 46:
Response prepared by Scott Bruce, General Manager. Witness at hearing will be Scott Bruce.
Refer to Excel file "Response to Request No. 46.xlsx" on the accompanying CD for the requested
information.
REQUEST NO. 47: Please describe the Company's current online bill pay program, Xpress Bill
Pay. Please provide the cost-benefit analysis, if any, that the Company performed prior to implementing
the program.
RESPONSE TO REQUEST NO. 47:
Response prepared by Scott Bruce, General Manager. Witness at hearing will be Scott Bruce.
Xpress Bill Pay is an online payment gateway through which the Company's customers may pay
their water bill via the internet. The customers, paying their bill through Xpress Bill Pay, may make a
one-time payment on their account balance or they may set up an auto payment that allows them to set
up a recurring payment that pays their bill each month automatically. The customer may use
debit/credit cards or eCheck payment methods. The customer may set the date the payment is to be
made, if using the auto pay feature. If a customer calls the office or walks in with a credit card or check
by phone payment, it is entered through Xpress Bill Pay.
Customers using their bank's online check payment feature also have their checks received via
EFT to Xpress Bill Pay. This is transparent to the customer. All payments collected by Xpress Bill Pay are
imported via a batch process the next day and posted to the customer's account in the Caselle Clarity
billing software.
2
The cost analysis for Xpress Bill Pay was run using the credit card payments from 2010 (see Excel
file "Xpress Bill Pay Analysis.xlsx" on the accompanying CD). The credit card merchant account rate was
not yet finalized so the analysis compares a Utility Rate Fee to a Government Rate Fee. The Company is
able to get the Utility Rate Fee for the credit card merchant account. The total costs for Xpress Bill Pay
fees and the credit card merchant fees are actually less than the credit card merchant fees charged
under IPayment (the prior merchant account provider). The Company, having received customer
requests for an online bill pay option over the preceding five years, decided using Xpress Bill Pay in
conjunction with a new merchant account would provide the customers with additional payment
options and still save money.
REQUEST NO. 48: Please justify the Company's decision to initiate the Xpress Bill Pay program
at no direct cost to those customers who use the service, rather than charging a separate user fee per
transaction.
RESPONSE TO REQUEST NO. 48:
Response prepared by Scott Bruce, General Manager. Witness at hearing will be Scott Bruce.
Prior to implementing the Xpress Bill Pay online payment service, customers paying with a credit
card were not charged an additional fee to pay their bill with a credit card. The customer could make
payment by sending their credit card information to the Company on the billing remittance slip, walk-in
to the office, or pay by phone. The expense of the credit card fees were included in the rates paid by all
customers.
The fees charged using the Xpress Bill Pay service coupled with a new merchant account for
processing credit cards (see Excel file "Xpress Bill Pay Analysis.xlsx" on the accompanying CD) are lower
than the credit card merchant account fees charged by IPayment, Inc., the Company's previous credit
card merchant account provider.
Using Xpress Bill Pay to process online bank checks is less expensive per transaction than if the
Company processes the transactions. The cost per transaction for the company to process an estimated
200 online bank checks each month is $0.80 per transaction. Xpress bill pay charges $0.20 per
transaction, a savings of $0.60 per transaction (See Excel file "Response to Request No.48.xlsx" on the
'Online Bank Check' tab on the accompanying CD).
Another payment option Xpress Bill Pay provides customers is EFT or Checks over the Phone.
Xpress Bill Pay charges $0.40 per transaction. The most likely alternative payment method a customer
would use online is a credit card transaction. The cost of a credit card transaction using Paymentech
(the new credit card merchant account provider) is $1.02 (See Excel file "Response to Request
No.48.xlsx" on the 'Paymentech Credit Card Fees' tab on the accompanying CD).
The Company chose to not charge customers using the online payment option no direct cost
fees for the following reasons:
. In the past, no direct cost transaction fees were assessed to customers using credit cards to pay
their balances
. The credit card fees are currently part of the overall rate structure.
. The Paymentech credit card merchant account fees together with the Xpress Bill Pay fees are
less than fees of IPayments (old merchant account provider).
The payment options are expanded to give customers greater flexibility to make timely
payments.
. The customers, who pay their bills with online bank checks, should not have to pay a fee to save
the Company money in processing their payment.
Charging a fee to use the online service can be a factor for some customers
REQUEST NO. 49: Please provide enrollment and usage information of the Xpress Bill Pay
program by month since implementation.
RESPONSE TO REQUEST NO. 49:
Response prepared by Scott Bruce, General Manager. Witness at hearing will be Scott Bruce.
Refer to the Excel spreadsheet "Response to Request No. 49.xlsx" for the number of customers
enrolled, who use either a debit/credit card or use an eCheck to make payment. Also listed is the
number of online bank check payments that are processed via Xpress bill pay.
4
REQUEST NO. 50: Please provide additional detail on any ongoing cost for the Xpress Bill Pay
program as implemented by the Company, including any planned or necessary costs for upgrades or
improvements. Please provide details of any known costs for necessary changes or upgrades to
Company computer systems or software or additional programming necessary to monitor accounts.
RESPONSE TO REQUEST NO. 50:
Response prepared by Scott Bruce, General Manager. Witness at hearing will be Scott Bruce.
The only ongoing costs for the Xpress Bill Pay program are the monthly fees associated with the
payments processed. The implementation of Xpress Bill Pay did not require any software or hardware
improvements or upgrades nor are any future upgrades planned or necessary.
The Company's billing software Caselle was scheduled for upgrade in 2011. The older version of
Caselle, that the Company was using, was purchased and installed on April 1, 2000. The software
version was becoming obsolete. In the newer version of the software, the databases are more stable.
The databases of the older version were having frequent problems with data becoming corrupt and it
was becoming more problematic as time went on because the billing system was down more frequently.
This resulted in work stoppages while the databases were fixed and customer's questions could not be
answered until the databases were available.
The new version of Caselle, Clarity, went live on August 1, 2011. The cost to upgrade the billing
software was $18,300. The upgrade was not necessary for the implementation of the Xpress Bill Pay
program.
REQUEST NO. 51: Please provide a schedule of the charges comprising the amounts for a line
extension quote as of December 31, 2011. Also, please include the specific charges for water rights, and
the formula or other method of calculating the total estimate or quote.
RESPONSE TO REQUEST NO. 51:
Response prepared by Scott Bruce, General Manager. Witness at hearing will be Scott Bruce.
Refer to Excel file "Response to Request No. 51.xlsx" on the accompanying CD for the requested
information.
REQUEST NO. 52: Please provide a schedule listing all individuals, businesses and developers
requesting a quote for line extensions during the last three years. Please provide the following for each:
1)Identify the requesting party and state if it is a residence, business or developer;
2)Itemize the specific charges included in calculating each line extension total;
3)Specify if the line extension was installed;
4)Identify dollar amounts collected for each.
RESPONSE TO REQUEST NO. 52:
Response prepared by Scott Bruce, General Manager. Witness at hearing will be Scott Bruce.
Refer to Excel file "Response to Request No. 52.xlsx" on the accompanying CD for the requested
information.
REQUEST NO. 53: For the list provided in the above response, please provide all workpapers
and a schedule calculating the itemized charges, all formulas and the method of computing the total of
each connection charge or quote. Please provide the calculations in Excel format with formulas included
and activated.
RESPONSE TO REQUEST NO. 53:
Response prepared by Scott Bruce, General Manager. Witness at hearing will be Scott Bruce.
Refer to Excel file "Response to Request No. 53.xlsx" on the accompanying CD for the requested
information. Attachments 21 - 22 are the work papers available for the quotes.
REQUEST NO. 54: Exhibit 2, page 2, Column G, line 52 includes an adjustment for depreciation
expense totaling $84,210.10. Please provide the details for this depreciation adjustment and state if it is
only for items included in the 2012 meter project.
RESPONSE TO REQUEST NO. 54:
Response prepared by Scott Bruce, General Manager. Witness at hearing will be Scott Bruce.
The adjustment to depreciation of $84, 210.10 is composed of the depreciation of the meter
project on a straight line depreciation schedule of 10 years (839,878.35 / 10 = 83,987.84). The remaining
balance of $222.26 is the result of the 2011 depreciation expense shown in Exhibit 2, page 2, Column G,
line 52 being entered incorrectly. The entry should have been $71,904.28 not $71,682.02.
REQUEST NO. 55: In your response to the Production Request No.15, copies of two estimates
were provided. Wise Excavation was selected. The estimated total cost for the Wise bid was $815,625.
The adjustment to Account No. 334 for the 2012 meter project totaled $839,878.35 as shown on Exhibit
1. Please provide a schedule itemizing the $839,878.35 adjustment and identifying the $24,253.35
difference between the Wise Excavation estimate and the adjustment. If any part of the differences
resulted from change orders, please provide copies of those change orders.
RESPONSE TO REQUEST NO. 55:
Response prepared by Scott Bruce, General Manager. Witness at hearing will be Scott Bruce.
Refer to Excel file "Response to Request No. 55.xlsx" on the accompanying CD for the requested
information. See Attachment 23 copy of Change Order No. 1 from Wise Excavating.
REQUEST NO. 56: If not provided in the above response, please provide a list of the categories
of items in the 2012 audit adjustment to Account No. 334-meters, totaling $839,878.35, shown on
Exhibit 1, line 8. Each category should include a description of the category contents (such as meters,
meter box extensions, etc) dollar total for the category, and supporting invoices.
RESPONSE TO REQUEST NO. 56:
Response prepared by Scott Bruce, General Manager. Witness at hearing will be Scott Bruce.
Refer to itemized schedule provided for Request No. 55 in Excel file "Response to Request No.
55.xlsx" on the accompanying CD. Also, see Attachments 24— 33 for copies of the supporting invoices.
7
REQUEST NO. 57: The Falls Water 2011 Annual Report Page 1, Item 12, lists Company contacts.
This list shows Tony Wise for engineering and engineering service. Please state if Tony Wise is an
employee of Falls Water. Also, please state if he is an owner in Wise Excavation. If Tony Wise is an
employee and not an owner of Wise Excavation, please explain the relationship of the owner(s) of Wise
Excavation to Tony Wise.
RESPONSE TO REQUEST NO. 57:
Response prepared by Scott Bruce, General Manager. Witness at hearing will be Scott Bruce.
Tony Wise is an employee of Falls Water Co., Inc. He also owns his own business, Wise
Excavating.
REQUEST NO. 58: If Tony Wise is an employee and an owner of Wise Construction, please state
if Tony Wise, as the contractor, used machinery or equipment from Falls Water on the 2012 meter
project. If machinery or equipment belonging to, rented by, or leased to Falls Water was used, please
provide a schedule identifying the equipment and cost of using this equipment. The cost should be
based on rental or lease prices, if not owned by Falls Water, or on operating costs, depreciation and
interest, if owned.
RESPONSE TO REQUEST NO. 58:
Response prepared by Scott Bruce, General Manager. Witness at hearing will be Scott Bruce.
Wise Excavating did not use Falls Water Co., Inc. equipment for any phase of the metering
project.
REQUEST NO. 59: For Account No, 334-Meters, the property records identify an entry described
as "Meters and MXU5 purchased" dated 4/3/09 for a total of $13,317.84. Please provide copies of
supporting documentation for this entry and amount. The documentation should include all bids,
purchase contracts, invoices and adjustments or allocations used to calculate this total.
RESPONSE TO REQUEST NO. 59:
H.
Response prepared by Scott Bruce, General Manager. Witness at hearing will be Scott Bruce.
After speaking to John Nobbs, the date of 4/3/09 was discovered to be incorrect. The date of
the purchase was 10/7/09.
Attachment 34 is a copy of invoice 8172432 from United Pipe & Supply for the purchase of 36-
Y4" Sensus SR2 meters for $4,824.00 and 60 - 520R MXU's for $7,740.00 plus Idaho Sales Tax of $753.84
for a total of $13,317.84. No other documentation is available for this transaction.
REQUEST NO. 60: The property records for Account No. 334-Meters show retirements totaling
$36,014.36. Dates in service are listed, but no date of retirement. Please provide a schedule of the
retirement dates for each item in the property records.
RESPONSE TO REQUEST NO. 60:
Response prepared by Scott Bruce, General Manager. Witness at hearing will be Scott Bruce.
Refer to Excel file "Response to Request No 60.xlsx" on the accompanying CD for requested
information.
REQUEST NO. 61: The recent application includes property records for Account No. 334-Meters.
This record shows replacements during 2011, totaling $17,962.17. In the Falls Water Annual Report,
page 5, no additions to this account are listed for 2011. Please explain this difference of $17,962.17.
RESPONSE TO REQUEST NO. 61:
Response prepared by Scott Bruce, General Manager. Witness at hearing will be Scott Bruce.
The entry on the annual report should have shown that $17,962.17 was added during the year and
that $36,014.36 was removed during the year for account 334— Meters. Instead the two amounts were
netted and shown as $18,052 being removed during the year. The error not found during the review of
the annual report.
REQUEST NO. 62: The lease dated September 10, 2008, between Falls Water and Rockwell
Development of Ammon, Idaho, describes the leased property as 2180 Deborah Dr., Idaho Falls, Idaho,
9
83401. The property is further described as having 1600 square feet of office space and 2400 square
feet of shop space for a total of 4000 square feet of space. This lease commenced on September 1,
2008 and expires in 2012. The base rent is listed as $2,700 per month during the first year. In addition
the base rent increases $100.00 per month in each year thereafter. Please demonstrate why the base
rent and the escalators in this lease are justified in the current market environment for commercial
property in your area. Please include estimates or quotes for similar properties in your area. Each
quote should have categories for shop space and for office space.
RESPONSE TO REQUEST NO. 62:
Response prepared by Scott Bruce, General Manager. Witness at hearing will be Scott Bruce.
The Staff Comments, from Case No. FLS-W-09-01, page 6, addressed the 2008 lease for 2180 N
Deborah Dr. "Staff is unable to accept all the terms of the lease, especially the escalators. Staff
therefore recommends that only the base amount of the lease be included in rates for recovery from
customers. Staff recommends that the total rental expense included in rates be the base rent of $2,700
per month and the base additional rent in the amount of $610 per month."
The requested rent annual expense of $53,952 is for the lease dated September 1, 2011. Included
is Attachment 35, the quotes of other similar commercial buildings within the Company's service area.
REQUEST NO. 63: The lease dated September 1, 2011 between Brent Johnson and Falls Water
identifies property at 2180 N. Deborah Dr. having 9,000 square feet of space. This is 5,000 square feet
more than the September 2008 lease. Please explain the need for the additional 5,000 square feet.
Also, please include any economic analysis including values, cost-benefit analyses, etc., justifying the
decision to lease an additional 5,000 square feet of space.
RESPONSE TO REQUEST NO. 63:
Response prepared by Scott Bruce, General Manager. Witness at hearing will be Scott Bruce.
The September 1, 2011 lease for the property at 2180 N. Deborah Dr. replaces the lease dated
September 10, 2008. In the 2008 lease, the Company leased only a portion of the building. Under the
2011 lease, the Company now leases the entire building.
The building's owner, Brent Johnson, was renting 4,000 square feet of the building to the
Company and the remaining 5,000 square feet of the building to Rockwell Homes. The lease with
10
Rockwell Home was not completed, but Brent asked Rockwell to vacate their 5,000 square feet of the
building because of Falls Water Co., Inc.'s need for additional space. It made sense to keep the
Company's sites together rather than spreading them out around the water system.
The additional 5,000 square feet is needed to store inventory such as mainline pipe and fittings
the Company keeps in inventory for emergency repairs, meters, dry chlorine tablets, fuel, hyster and
other materials needed to perform the day to day operations of the Company. Also, the equipment,
backhoe and dump truck, rented by the Company is kept in the heated warehouse area so that it starts
readily during the winter when it is needed for system repairs and emergency dig ups. The warehouse
space also provides an area to do routine maintenance on the Company's fleet vehicles.
The location of the building is an important factor in the decision to rent the additional space at
the Company's current location. The building at 2180 N. Deborah Dr. is centrally located within the
Company's service area. The Company's workers are within a ten minute drive to any part of the
system. Savings of time and wear and tear to transport equipment to and from repair sites in the
system are reduced compared to housing equipment at a site outside of the Company's service area.
Having a building centrally located also provides customers a convenient location to walk in and make
payments during office hours or leave a payment in the payment drop box after hours.
See Attachment 36 for a floor plan of the warehouse and office space at 2180 N Deborah Dr and
how the space is being utilized.
REQUEST NO. 64: Account No. 303-Land and Land Rights reflects an entry described as "Water
Right final payment to Idaho Water Company" dated 2/24/11 for the amount of $209,505. Please
provide documentation including copies of sales contracts and all other documentation necessary to
support the listed total amount.
RESPONSE TO REQUEST NO. 64:
Response prepared by Scott Bruce, General Manager. Witness at hearing will be Scott Bruce.
Attached are copies of the check, purchase agreement, and acknowledgment from IDWR of the
change of ownership of the water rights. See Attachment 37.
11
REQUEST NO. 65: Please provide a schedule of Contributions in Aid of Construction for each
account in your property records, beginning in calendar year ended (CYE) 2009. Also, please include
additions to each account by year for Contributions in Aid of Construction for the CYE 2010, CYE 2011
and 2012 to date.
RESPONSE TO REQUEST NO. 65:
Response prepared by Scott Bruce, General Manager. Witness at hearing will be Scott Bruce.
Refer to Excel file "Response to Request No. 65.xlsx" on the accompanying CD for the requested
information.
REQUEST NO. 66: Please provide a monthly schedule of revenues for 2011 and 2012 identified
by meter size and customer type (i.e. residential, commercial, fire, etc).
RESPONSE TO REQUEST NO. 66:
Response prepared by Scott Bruce, General Manager. Witness at hearing will be Scott Bruce.
Refer to the Excel file "Response to Request No. 66.xlsx" on the accompanying CD for the
requested information.
Dated at Idaho Falls, Idaho, this 23 t day of May 2012.
Respectfully submitted,
FALLS WATER COMPANY, INC.
K. Scott Bruce, General Manager
12
Attachment 21
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CSS_Manatron_3oin 1011812011
Report
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Pin
Situs Address
Situs City
Situs State
Situs Zip Code
Tax Assessment
Group
Legal Description
Acreage
RP02N 38E03 1991
4335 N AMMON RD
IDAHO FALLS
ID
83401
023-0000
1.52 AC SE COR NE1/4
SE1/4 NE1/4
1.520
I cf 1 10/18/2011 9:16 AM
p.
0/2 DL
Spacious Acres Division I
Attachment 22
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Attachment 23
Wise Excavating
719 S. Adam Lane
Idaho Falls, ID 83401
Credit Memo
[
Date Credit No.
12/14/2011 9
Customer
Falls Water Company
2180 Deborah Dr.
Idaho Falls, 11). 83401
P.O. No. Project
Description Qty Rate Amount
Credit for labor for new meters not installed -118 25.00 -2,950.00
Credit for labor of old 520 R MXU's not removed and moved to -175 25.00 -41375.00
new locations
Past savings of VGB Station to cutomer -1 8,364.00 8,364.00
change order 41 for Falls Water Company meter project
ni C 0 Invoice #
Acc(unt
Due Date
mo!L
Posted by:... i
El Paid
3 Posted .....
Subtotal -15,689.00
Sales Tax (0.0%)
Total $45,689.00
Invoices $15,689.00
Balance Credit
Attachment 24
Wise Excavating
719 S. Adam Lane
Idaho Falls, ID 83401
Invoice
r Date Invoice
7/5/2011 5
Ship To
Falls Water Company
2180 Deborah Dr.
Idaho Falls, 113. 83401
P.O. Number Terms Rep Ship Via FOB. Project -
10/29/201
Quantity Item Code Description Price Each Amount
600 meter 3/4" x 9" 1000G Sensus IPERI Meter 189.50 113,700.00
4 meter I" x 9" 10000 Sensus IPERL Meter 225.00 900.00
3,300 end points 520 M M)W 1 Port T Coupler wI leak detection 170.00 561,000.00
2 Handheld radio Upgrade Sensus Handheld Radio from AR 4002 to AR 5502 7,250.00 14,500.00
I VGI3 Sensus VGB System .- Vehicle Gateway Base Station 45,000.00 45,000.00
604 Labor Remove Old Meters and Install New Meters 25.00 15,100.00
3,300 Labor Install M.Xt, GPS Location, Program with Meter - Cut holes 18.50 61,050.00
in lids and mount in lid
175 Labor Install old IvtXU's to reconfigure Mapping and Routes 25.00 4,375.00
-1Ek h'4. 7--;?O/I D 'Date
4 -- -
$ Amount
IL -
....
ii Paiti
Thank you for your business. Total $815,625.00
Attachment 25
Credit Memo
Date Credit No.
12/14/2011 9
Wise Excavating
719 S. Adam Lane
Idaho Falls, ID 83401
Customer
Falls Water Company
2180 Deborah Dr.
Idaho Falls, II. 83401
P. 0. No. Project
Description Qty Rate Amount
Credit for labor for new meters not installed -118 25.00 -2,950.00
Credit for labor of old 520 R MXU's not removed and moved to -175 25.00 -4,375.00
new locations
Past savings of VGB Swoon to cutomer -I 8,364.00 -8,364.00
change order #1 for Falls Water Company meter project
lnvData
invoice U
A
uJieI/
F_% >
Posted by:.-KR
Li Paid
Subtotal $-1 5,689.00
Sales Tax (0.0%)
Total $-15,689.00
Invoices $15,689.00
Balance Credit
BOISE
UNITS?
Attachment 26
208-947-8300 REMIT TO:
P.O. BOX 6326
PORTLAND, OR 97228-6326
INVOICE
INVOICE DATE I INVOICE NO.
6/29/11 8694348
BRANCHj ACCOUNT NO. ORD. WRITER
31 212246 688
SOLD TO
-n loz-5-6
FALLS WATER CO
ED 2180 N DEBORAH DR
IDAHO FALLS ID 83401-6223
SHIP TO
FALLS WATER CO
2180 N DEBORAH DRIVE
IDAHO FALLS, ID 83401
. •h .II • •I • •Ill •ii.,i 111111. 11111 •.IIIII,.I.I liii •.II.I
Page lofi
DATE ORDERED I DATE SHIPPED SHIPPED VIA ORDERED BY CUSTOMER P.O. NO. JOB NAME JOB NO.
6/08/11 6/28111 OUR TRUCK TONY TONY COMMUNICATOR
ITEM DESCRIPTION DIV. ORDERED OTY. SHIPPED J DIV. 8/0 }_UNIT PRICE IPERI DISCOUNT AMOUNT
218705 SEN UNIPRO 100A USB COMM PC 1 1 0 400 0000 EA 400.00
W/SOFTWARE
*RETURN SUB TO MGR. APPROVAL*
900005 SHIPPING HANDLING FRT INBOUND 1 1 0 7.3600 0.00
THE VALUE OF THIS NO CHARGE ITEM IS.;$7.36
900006 FREIGHT OUT 1 1 0 i 4.1400 0.00
THE VALUE OF THIS NO CHARGE ITEM IS: $4.14
tA LL
IrCP # iji uu~~ Date
TLiT:III Amount
Posted by/4
Paid
WOULD YOU LIKE TO RECEIVE YOUR INVOICES BY FAX OR
EMAIL RATHER THAN BY REGULARMAIL
IF SO, PLEASE CONTACT OUR CREDIT DEPARTMENT AT: [phone]
Codes: DDelivery FFreight H=HandlEng R=Restocktng M=Miscellaneous
TERMS SUB-TOTAL J TAX CODE OTHER CHARGES INVOICE TOTAL
4'zrnI' NET 30 400.00 24.00 .00
No. 116L (REV. 9/08) TERMS & CONDITIONS ON REVERSE SIDE
loz- 5-6
Janet Wise
Capitalize Payroll & Company Payroll Taxes
for Meter Upgrade Project 2011
Regular Earnings
OT Earnings
Company Payroll Taxes
FUTA
Medicare
Social Security
SUTA
ID Workforce 0ev Fund
Workers Compensation Ins
May 2011 Jun 2011 Jul 2011 Aug 2011 Sep 2011 Oct 2011 Nov 2011 Totals
1,500.00 1,585.00 1,680.00 1,840.00 1,700.00 1,660.00 1,575.00 11,540.00
- 15.00 - - - - - 15.00
12.00 12.80 10.08 11.04 2.28 - - 48.20
21.75 2320 24.36 26.68 24.65 24.07 22.84 167.55
93.00 99.20 104.16 114.08 105.40 102.92 97.65 716.41
41.90 44.70 46.93 51.41 47.49 46.37 44.00 322.80
1.31 1.39 1.46 1.60 1.48 1.44 1.37 10.05
4.20 4.47 4.70 5.15 4.76 4.65 4.41 32.34
12,852.35
3
N)
Genral Journal Entry to Capitalize Janet Wise's Payroll Expenses for the Meter Upgrade Project in 2011:
2011 CapJ Wise
.1
105- Constr Work in Progress 12852.35
601.8- Office Labor 11,555.00
408.12- Payroll Taxes 1,265.01
656.1 - Workers Comp 32.34

12852.35 12852.35
Attachment 28
Brent Johnson
6030 S. 45th E.
Idaho Falls, ID 83406
Falls Water Company
2180 N. Deborah Dr.
Idaho Falls, ID 83401
Invoice
8/1/2011
Interest on Water Meter Project
Funds Invested until Completed
$600,000 @ 8% APR
July 1, August 1, 2011 $4,000
Total Due $4,000
,v Late je Uar
Invoice #
$ An,ount
c2 1 t
Attachment 29
Brent Johnson
6030 S. 45th E.
Idaho Falls, ID 83406
Falls Water Company
2180 N. Deborah Dr.
Idaho Falls, ID 83401
Invoice
9/1/2011
Interest on Water Meter Project
Funds Invested until Completed
$650,000 @ 8% APR
August 1, 2011 5j11 , $4,333
Total Due $4,333
hIV
invoice -- -- --
de
J
Pocd by... -- .. Posted -- ri 2 C
1O3 j333.Oo -
-;
Attachment 30
Brent Johnson
6030 S. 45th E.
Idaho Falls, ID 83406
Falls Water Company
2180 N. Deborah Dr.
Idaho Falls, ID 83401
Invoice
10/1/2011
Interest on Water Meter Project
Funds Invested until Completed
$650,000 @ 8% APR
Sept. 1, - Oct. 1, 2011 $4,333
Total Due $4,333
/Os L133C2O
L/2 oo
Attachment 31
Brent Johnson
6030 S. 45th E.
Idaho Falls, ID 83406
Falls Water Company
2180 N. Deborah Dr.
Idaho Falls, ID 83401
Invoice
11/1/2001
Interest on Water Meter Project
Funds Invested until Completed
$650,000 @ 8% APR
Oct. 1, - Nov. 1, 2011 $4,333
Total Due $4,333
/ C ~ q33.60
33 3, 610
Attachment 32
Brent Johnson
6030 S. 45th E.
Idaho Falls, ID 83406
Falls Water Company
2180 N. Deborah Dr.
Idaho Falls, ID 83401
Invoice
12/1/2001
Interest on Water Meter Project
Funds Invested until Completed
$700,000 @ 8% APR
Nov. 1 - Dec. 1, 2011 $4,667
Total Due $4,667
(ô-c --
z -
7- 06)
Attachment 33
Brent Johnson
6030 S. 45th E.
Idaho Falls, ID 83406
Falls Water Company
2180 N. Deborah Dr.
Idaho Falls, ID 83401
Invoice
1/1/2012
Interest on Water Meter Project
Funds Invested until Completed
$750,000 @ 8% APR
Dec. 1, - Jan 1, 2012 $5,000
Total Due $5,000
Inv Date ne Date
Invoice #
Poite.5 by: noted
El Pa
u-
UNITED
P!PE&SUPPLT
I IDAHO FALLS - UNITED PIPE 208-528-7473 REMIT TO:
P.O. BOX 6326
PORTLAND, OR 97228-6326
SOLD TO AWAONG Lj SHIP TO
Account Code moiE FALLS WATER CO
loz-32-40
2180 N DEBORAH DRIVE
ru FALLS WATER CO
IDAHO FALLS, ID 83401
2180 N DEBORAH DR
IDAHO FALLS ID 83404 y Posted /
t,,I,..II..h.III .II.IIui I,IiI,IsitIuIi,I.IIii,,,II.I
Page 1 of 1
ATE ORDERED DATE SHIPPED SHIPPED VIA ORDERED BY CUSTOMER P0. NO. JOB NAME JOB NO.
4/24/09 10/06/09 PROJECT SCOTT STOCK STOCK
ITEM DESCRIPTION OW ORDERED DIV. SHIPPED ERI DIV. 8/0 UNIT PRICE IP UNT DISCO AMOUNT
36293 3/4' 1000G SR2 TRPL C1M113, 160 0 160 134.0000 EA 0.00
CHB/ROCK BTM/CI BNT/BRZ
TR/PL READS IN 1000 GAL
57464 3/4X7.5 1000G SR2 TRPL EPXMTR 130 36 94 134.0000 EA 4,824.00
EPDXY COATED
CI BOTTOM
BRZ BONNET
L/HSG
57465 1 1000G SR2 TRPL EPXYM1I& 10 0 10 190.0800 EA 0.00
BRZ BONNET
Cl BOTTOM
L/HSG
READING IN 1000 GALLON
40094 520RJy14SINGLE PORT TCPLER 220 60 160 129 0000 EA 7,740.00
MFG #5396153752001T
PIT PACKAGE 520R
-.--'- ..
-956 MHZ RANGE
-TOUCHCOUPLER
/Z52 gq
.
SINGLE PORT
INTERNAL BATTERY ONLY i31 i
58388 B-5018-2 18"CI HVY WTR MTR LID 6 6 0 37.3320 EA "i 223.99 ---- W/2 HOLE FOR METER ADPT
73081 B-5018 18" Cl HVY WTR R1N, 6 4 2 41.8302 EA 167.32
71339 L2240 Cl 2 1-HOLE MTR BX LID 8 8 0 12.7250 EA 101.80
22136 #71 3/4 PPJ FORD STIFFENER 12 12 0 1.6128 EA 1935
FORD #71
WOULD YOU LIKE TO RECEIVE YOUR INVOICES BY FAX OR gq
EMAIL RATHER THAN BY REGULAR MAIL"
IF SO PLEASE CONTACT OUR CREDIT DEPARTMENT AT 57
[phone]
des: D=Delivery F=Freight HHandlinq RRestocking MMiscellaneous
TERMS SUB-TOTAL TAX CODE OTHER CHARGES
NET 30 13,076.46 784.59 .00
116L (REV. 9/08)
j
TERMS & CONDITIONS ON REVERSE SIDE
loz -32-40
Attachment 34
INVOICE
INVOICE DATE INVOICE NO.
10/07/09 8172432
NCH ACCOUNT NO. ORD. WRITER
32 212246 W63
H'
Attachment 35
III Sperry Van Ness RANDY WATERS
700 South Woodruff
Idaho Falls, ID 83401
T 208.535-8520
F 208.552.8858
randy.waters@$yftcQm
May 22, 2012
RE: Comparable Properties for 2180 North Deborah
4323 Commerce Cir. IDAHO FALLS, ID
This Listing is Very Comparable in Size and Features to Falls Water Building, However the Location is about
7 Miles outside of Town.
Listing Price: Total 6870 Sq. Ft. at $0.55 $3,778 Monthly
Break Down: Office: 1500 Sq. Ft at $1.00 $1,500
Warehouse: 5370 Sq. Ft. at $0.424 $2,278
Total: $3,778
2221 N. Deborah Drive IDAHO FALLS, ID
This Listing is Located Directly Across the Street From Falls Water with Comparable Construction.
Listing Price: Total 3,000 Sq. Ft. $3,000 Monthly
Break Down: Office: 400 Sq. Ft. at $0.85 $340
Warehouse 6800 Sq. Ft. at $0391 $2,660
Total: $3,000
1167 Jones Drive IDAHO FALLS, ID
This Listing has Comparable Construction and Location, But is Smaller in Size.
Listing Price: Total 2,400 Sq. Ft. $1,500 Monthly
Break Down: Office: 400 Sq. Ft. at $1.00 $400
Warehouse 2000 Sq. Ft. at $0.55 $1,100
Total: $1,500
Falls Water Office 2180 N. Deborah Drive IDAHO FALLS, ID
Subject Property Broken Down by Square Footage.
Break Down Office: 2600 Sq. Ft. at $0.80 $2,080
Warehouse: 6400 Sq. Ft. at $0378 $2,416
Total: 9,000 Sq. Ft. $4,496
MLS Listings are Attached.
Randy Waters
Navica MLS Page 1 of
MLS # S1157131A 4323 Commerce Circle IDAHO FALLS, ID 83401
DAYS ON MARKET: 1223 UNIT #:
LEASE RATE $0.55 COUNTY Bonneville
RATE TYPE: $/SF/Month SUB AREA:
TYPE LEASE: NNN ZONING-GENERAL: INDUSTRIAL BO-IND
CURRENT USE: Industrial ZONING-SPECIFIC: BO-
# BUILDINGS: 0 INDUSTRIAL/MANUFACTURING-1
# OFFICES/UNIT(S): 0
# RESTROOMS: 0
# STORIES: 0
HANDICAP ACCESS: Yes
APX TOTAL SOFT: 6870
APX YEAR BUILT: 2000
PARKING: Parking Lot
# OFF STREET PARKING: 0
LOT SIZE (APX SOFT): APXACREAGE: 1.5 FRONTAGE: DEPTH: FLOOD PLAIN: U
LOCATION: High Traffic Industrial Park, Interstate Exit/Access
PARCEL #:
ABV GRADE SOFT. 6870 BLW GRADE SOFT. 0 FIRE SUPPRESSION:
OVERHEAD DOORS: Yes # OVERHEAD DOORS: 1 DOOR HEIGHT: 14
CEILGHGT: 18 MINCLGHGT: 16 MAXCLGI-IGT:
SEP UTILITIES: $/SQFT ANNUALLY: 0 ESTIMATED TRIPLE NET CHARGES:
SUBLEASE: No MINTRMLSE: 3 year PRMLSEEXP:
CONSTRUCTION/STATUS: Other Construction-See Remarks WATER: Well-Community (5+)
FOUNDATION: Concrete SEWER: Private Septic
ROOF: Metal PROVIDER/OTHER INFO: 3 Phase
HEAT SOURCE/TYPE: Gas COMMERCIAL AMENITIES: Security System
AIR CONDITIONING: Central
INCLUSIONS:
EXCLUSIONS: Tenants property
PUBLIC INFO: 6,870 SF Warehouse with 1,500 SF finished office space. The building could be lease as one unit of 13,740 SF. The
warehouse is fully insulated and lined also, each side has 208 Volt/3 Phase power. There are hard-walled offices and restroom on the
main floor and open bull-pen style space upstairs for cubes, break-room or conference/training space.
PRIVATE INFO: Please call Paul or Kevin to view.
DRIVING DIRECTIONS BEGINNING AT: Yellowstone and Woodruff, drive N to St. Leon Industrial Park and Commerce Circle to
address.
OWNER NAME:
BUSINESS NAME:
CNTRTYPE: BA COMP: 3.0 NAG TOFFR: 3.0 DUALNAR: No AGTBONUS: MIN COMM:
KEY BOX TYPE: NONE KEY BOX TIME: KEY LOCATION: KEY AT OFC
CMSSNPDSLRCNCSN: No SIGN: Yes AGT OWND: No BYREXCLSN: No
DUPLICATE ENTRY: No OTHER MLS#:
SHOWING INSTRUCTIONS: Key LO-Vacant
PENDING DATE: VOWAVM: No VOW COMMENTS: No
LIST DATE: 1/16/2009 EXPIRE DATE: 8/31/2012 DISPLAY ON INTERNET: Yes DISPLAY ADDRESS: Yes
CO-LIST OFFICE: Sperry Van Ness CO-LISTAGENT: Kevin Cutler
OFFICE NAME: Sperry Van Ness High Desert Commercial Advisors (#:3053) LISTING AGENT.-Paul Fife (#:3566)
MAIN: [phone] AGENT EMAIL: pfife(hiQhdesertrealtOrS corn
FAX: [phone] CONTACT #: [phone]
Information Herein Deemed Reliable but Not Guaranteed
Navica MLS Page 1 of 1
MLS #: S1178644A 2221 Deborah Drive IDAHO FALLS, ID 83401
............____ DAYS ON MARKET: 96 UNIT #:
' LEASE RATE $3,000.00 COUNTY Bonneville
RATE TYPE: $/Month SUB AREA:
TYPE LEASE: Modified Net ZONING-GENERAL: COMMERCIAL
CURRENT USE: Industrial ZONING-SPECIFIC: Ammon-I&M-
# BUILDINGS: 0 Ind/Manuf. Zone
: # OFFICES/UNIT(S): 0
#RESTRQOMS:0
. . . . ......: ..... ....# STORIES: 0 ..p!f ..2 HANDICAP Y es
APX TOTAL SOFT. 7200
APX YEAR BUILT: 2007
PARKING:
# OFF STREET PARKING: 0
LOT SIZE (APXSQFT): APXACREAGE: 0.53 FRONTAGE: DEPTH: FLOOD PLAIN: U
LOCATION:
PARCEL #:
ABV GRADE SOFT. 7200 BLW GRADE SOFT. 0 FIRE SUPPRESSION:
OVERHEAD DOORS: # OVERHEAD DOORS: 0 DOOR HEIGHT:
CEILGHGT: MINCLGHGT: MAXCLGHGT:
SEP UTILITIES: $/SQFT ANNUALLY: 0 ESTIMATED TRIPLE NET CHARGES:
SUBLEASE: MINTRMLSE: PRMLSEEXP:
CONSTRUCTION/STATUS: WATER: Other-See Remarks
FOUNDATION: Concrete SEWER: Other-See Remarks
ROOF: Metal PROVIDER/OTHER INFO: Rocky Mountain Power
HEAT SQURCEffYPE: Electric, Gas COMMERCIAL AMENITIES:
AIR CONDITIONING:
INCLUSIONS: Landlord pays water for light use, taxes, garbage. Tenant pays electricity and natural gas
EXCLUSIONS:
PUBLIC INFO: Great clean 60x120 steel building with three 14 foot overhead doors with two offices and two bathrooms. Building can
be split into smaller space 60x60. Call for a tour.
PRIVATE INFO: Tenant will be out May 1st. Call to schedule a tour. Landlord pays for water.
DRIVING DIRECTIONS BEGINNING AT: Located North of the intersection of Lincoln and Ammon road. Located in the Ammon
Industrial Park near the Iona Sewer Building.
OWNER NAME:
BUSINESS NAME:
CNTRTYPE: BA COMP: 3 NAG TOFFR: 3 DUAUVAR: No AGTBONUS: MIN COMM:
KEY BOX TYPE: NONE KEY BOX TIME: KEY LOCATION: OTHER
CMSSNPDSLRCNCSN: No SIGN: No AGT OWND: No BYREXCLSN: No
DUPLICATE ENTRY: No OTHER MLS#:
SHOWING INSTRUCTIONS: Call LO for Appointment
PENDING DATE: VOWAVM: No VOW COMMENTS: No
LIST DATE: 2/17/2012 EXPIRE DATE: 2/28/2013 DISPLAY ON INTERNET: Yes DISPLAY ADDRESS: No
CO-LIST OFFICE: CO-LIST AGENT:
OFFICE NAME: Sperry Van Ness High Desert Commercial Advisors (#:3053) LISTING AGENT:Randy Waters (#:8161)
MAIN: [phone] AGENT EMAIL: Randy .waters(svn .com
FAX: [phone] CONTACT#: [phone]
Information Herein Deemed Reliable but Not Guaranteed
Navica MLS Page 1 of 1
MLS #: S11 78862A 1167 Jones Drive IDAHO FALLS, ID 83401
DAYS ON MARKET: 85 UNIT #:
LEASE RATE: $1500.00 COUNTY: Bonneville
RATE TYPE: $/Month SUBAREA:
TYPE LEASE: NNN ZONING-GENERAL: COMMERCIAL IF-
CURRENT USE: Office GEN
# BUILDINGS: 0 ZONING-SPECIFIC: IF-GENERAL
# OFFICES/UNIT(S): 2 COMMERCIAL
-. # RESTROOMS: 1
# STORIES: 0
j_ HANDICAP ACCESS No
APX TOTAL SQFT: 2400
APX YEAR BUILT: 2007
PARKING:
# OFF STREET PARKING: 0
LOT SIZE (APX SQFT): APX ACREAGE: 0 FRONTAGE: DEPTH: FLOOD PLAIN: U
LOCA TION:
PARCEL #:
ABV GRADE SQFT: 0 BL GRADE SOFT: 0 FIRE SUPPRESSION:
OVERHEAD DOORS: # OVERHEAD DOORS: 0 DOOR HEIGHT: 12'
CEILGHGT: MINCLGHGT: MAXCLGHGT:
SEP UTILITIES: . $/SQFT ANNUALLY: 0 ESTIMATED TRIPLE NET CHARGES:
SUBLEASE: MINTRMLSE: PRMLSEEXP:
CONSTRUCTION/STATUS: WATER:
FOUNDATION: Concrete SEWER:
ROOF: PROVIDER/OTHER INFO:
HEAT SOURCE/TYPE: COMMERCIAL AMENITIES:
AIR CONDITIONING:
INCLUSIONS:
EXCLUSIONS:
PUBLIC INFO:
PRIVATE INFO:
DRIVING DIRECTIONS BEGINNING AT: Coming from Yellowstone Hwy. travel N. past golf course, take a right on E Lincoln, take first
right onto Hollipark and continue down to building on Jones Ave.
OWNER NAME:
BUSINESS NAME:
CNTRTYPE: BA COMP: 3 NAG TOFFR: 3
KEY BOX TYPE: NONE KEY BOX TIME:
CMSSNPDSLRCNCSN: No SIGN: Yes
DUPLICATE ENTRY: No
SHOWING INSTRUCTIONS: Call LO for Appointment
PENDING DATE: VOW AVM: No
LIST DATE: 2/28/2012 EXPIRE DATE: 12/31/2012
CO-LIST OFFICE:
DUALNAR:No AGTBONUS: MINCOMM:
KEY LOCATION: KEY AT OFC
AGT OWND: No BYREXCLSN: No
OTHER MLS#:
VOW COMMENTS: No
DISPLAY ON INTERNET: Yes DISPLAY ADDRESS: Yes
CO-LIST AGENT:
OFFICE NAME: Sperry Van Ness High Desert Commercial Advisors (#:3053) LISTING AGENT.-Paul Fife (#:3566)
MAIN: [phone] AGENT EMAIL: 2fjfhiohdesertrealtors.com
FAX: [phone] CONTACT #: [phone]
Information Herein Deemed Reliable but Not Guaranteed
Falls Water Offices and Warehouse
9
for
Ea

be, bucke oct
Excavator
Bob Cat
Preesue Wuher
(0
C a E
0
ON
0
0
0
0
0
00
—-
I perack
Iciellautoperte
Vehicle Maintenance
Bay
Offices
40.0002'
Upper Level
22x40 etorege
ijLih1iocklworkbench
Aim
100.00
ofilce I
VN
0
0
0
0
0
0
Attachment 37
allsWater Co., Inc. L-gi2180 N Deborah Drive
Idaho Falls, ID 83401
[phone]
THE BANK OF COMMERCE
P0 Box 1887
IDAHO FALLS, ID 83403
92-41/1241 2/24/2011
14567
Holden, Kidwell, Hahn & Crapo Trust Acct **209,505. 00
Iwo l-lundred Nine Thousand Five Hundred Five and
00 11.51? ,:2L.Lool1?u: L3 03O?3 l,ii•
Falls Water Co., Inc.
Ilolden. KidwelL Hahn & Crapo Trust Acct
Date type Relerence
2/24/2011 Bill Final Pmt - I) Kohtz
2/24/2011

Original Amt. Balance Due Discount

209,505.00 209,505.00
Check Amount
Payment
209,505.00
209.505,00
14567
WNEEZ.1
1"'A'C-L'3ol'Coinriierce 209,505.00

Falls Water Co., Inc.
Holden. Kidwell. Hahn & Crapo Trust Acct 2/24/2011
Date Fype Rclei'ence Original Amt. Balance Due Discount
2/24/2011 Bill Final Pmt - D Kohtz 209,505.00 209,505.00
Check Amount
OU L E IN] C=1N1[ECC( LUE81
Payment
209. 505. 00
209,505.00
14567
l'WC-Bol'Comnierce 209. 505. 00
13272PR www.checkstoriess.com 800-245-5775 Order I F58172-1
IDAHO WATER COMPANY LLC.
Water Rights & Shares: Buy ' Sell * Trarisier
1135 Valley Road South
Eden, Idaho 83325
(208) 3 12-1 135, [phone] or 208-410-5287
To Falls Water Co.
2245 N Ammon Rd.
Idaho Falls, Id.
Invoice Dec 10, 2010
Total amount original contract 1500 Acre Feet/annum X $500.00/acre foot "$750,000.00
Down Payment 15% =$112,500.00
Interim Payment "$100,000.00
Balance 5/20/09 "''$537,500.00
New Mitigation water right = $ 43,750.00
Balance 7/20/09 '$581,250.00
Payment 7/23/09 "$290,401.31
Payment for Scott's trip to Boise = 223.69
Balance 12/10/10 $290,625.00
Amount transferred in this approved transfer 310 X 4 AFA / 0.9 = 1377.77 AF
X 500.00
$688,880.00
Amount of difference this Application $750,000 - $688,880 $ 61,120.00
Balance 12/10/20101 $290,625.461,120 $229,505.00
Holden Kidwell -
Hahn & Crapo
L A W 0 F F J C E S
000 Riverwjlk Drive, Suire 200
PC) Box 50 130
Idaho F'aII. Id,tho 83405
(20S) 523-062()
cx (.)8) 52395 8
Iii cIdcicirg;ii cciii;
Trill11 thU lx!Ctc;dI;leI I ;:,ci
May 16,2011
lr:,iIIS Water Company
Attn: Scott Bruce
2180 N. Deborah Dr.
Idaho Falls, ID 83401
Re: Executed and Recorded Documents to Finalize Transaction with Idaho Water
Company LLC.
Dcar Scott:
Enclosed for your records are the original Second Amendment to Ag/cement for Pu,'c/'ia,re
aiid iCilC of Wale, Right and the Special Warianly Deed for Water 1?ighis executed to finalize
V OIlI' Water rights transaction with Idaho Water Co., LLC. We have retained copies of these
documents in our files, but are sending the originals to you. We have also included a copy of the
original recorded Partial Release of Mortgage executed by Ridgeway Holdings LLC. As stated
in the partial release, there is no longer a security interest in the water rights you flow Own.
I have also included a copy of a Notice of Change of Water Right Ownership and its
associated documents which we are submitting to the Idaho Department of Water Resources
today. Once we receive word that this has been processed, we will let you know. This \\ I II
Finalize the process of getting the water rigl'its in your name.
I F you have questions or concerns, please let me know.
Best Regards,
Robert L. Harris
HOLDEN, KIDWELL. HAHN & CRAPO, P.L.L.C.
E nc los tires
I i Oil) \LhI)llI'l2.l5I.rIIII I ilk Wicci ( ccnIpIIciiAlIcIIs 'cue; In 201 1 05 12 clecxxlli
Established in 1896
SECOND AMENDMENT TO AGREEMENT FOR PURCHASE
AND SALE OF WATER RIGHT
THIS SECOND AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF A
WATER RIGHT (this "Agreement") is made and entered into as of the dates set forth on the
signature blocks below, by and between Idaho Water Company, LLC, an Idaho limited liability
company ("Seller"), and Falls Water Co., Inc., an Idaho corporation ("Buyer") with an address of
2180 Deborah Drive, Idaho Falls, ID 83406. Del Kohtz is a member of Seller and hereby discloses
that he is a licensed real estate agent acting herein as principal for his own account and not
representing or acting as an agent for Buyer. The Seller and Buyer are referred to herein as the
"Parties."
RECITALS:
A.Buyer and Seller entered into a First Amendment to Agreement for Purchase and Sale of
Water Right (the "First Amendment") on August 19, 2009, wherein the Parties agreed to
amend a prior agreement entered into on May 20, 2009 (the "Purchase Agreement").
B.Since execution of the First Amendment, the application for water rights transfer
contemplated in the Parties' prior agreement has been approved, and the Parties now desire to
amend the Purchase Agreement and the First Amendment. Unless specifically amended
herein, any other provisions in either the Purchase Agreement or the First Amendment
remain in full force and effect.
The Parties therefore agree as follows:
AGREEMENTS:
NOW THEREFORE, FOR VALUABLE CONSIDERATION, THE RECEIPT OF
WHICH IS ACKNOWLEDGED, THE PARTIES HEREBY AGREE AS FOLLOWS:
3. WATER RIGHT PURCHASE. Paragraph 4 of the First Amendment (and therefore
Paragraph 1 of the Purchase Agreement) is deleted in its entirety and the following inserted
in lieu thereof:
Buyer and Seller understand and agree that the application for water
rights transfer contemplated under the Purchase Agreement and First
Amendment has now been approved, and consequently, IDWR has
SECOND AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF WATER RIGHT (Page 1 of 4)
assigned new water right numbers to the portions of Water Right Nos.
35-12915 and 35-13316 allocated to Seller. Said new water right
numbers are Water Right Nos. 25-14326 and 25-14327. The Parties
agree that the water rights to be purchased by Buyer are Water Right
Nos. 25-14326 and 25-14327 with the elements and conditions set
forth on Exhibit A (Water Right No. 25-14326) and Exhibit B (Water
Right No. 25-14326). Water Right Nos. 25-14326 and 25-14327 are
hereinafter collectively referred to as the "Water Rights."
4.PURCHASE PRICE: Paragraph 5 of the First Amendment (and therefore Paragraph 2 of
the Purchase Agreement) is deleted in its entirety and the following inserted in lieu thereof:
The total purchase price is One Hundred and Seventy Nine Thousand
Five Hundred and Five Dollars ($179,505.00).
5.CLOSING. Paragraph 3 of the Purchase Agreement shall be deleted in its entirety and the
following inserted in lieu thereof:
a. Closing of this transaction shall take place at the office of Holden, Kidwell, Hahn &
Crapo, PLLC, at 1000 Riverwalk Drive, Suite 200, Idaho Falls, ID 83405-0130, on
February 24, 2011.
6.ADDITIONAL PROVISIONS. The following additional provisions shall be added to the
Purchase Agreement:
a. RIDGEWAY HOLDINGS LLC SECURITY INTEREST. The Parties
understand that the Water Rights are subject to a security interest held by Ridgeway
Holdings LLC. It is further understood that said security interest will be released
pursuant to the terms and conditions of a separate agreement between Ridgeway
Holdings LLC and Buyer, wherein proceeds received by Seller from this Agreement
shall be paid to Ridgeway Holdings LLC. In order to ensure that free and clear title
will be passed to Buyer by Seller, the Parties hereby agree as follows:
At closing, Seller shall:
(1) Execute a Special Warranty Deed for the Water Rights in the forrn set
forth at Exhibit C and deliver to Holden Kidwell Hahn & Crapo
PLLC in trust for Buyer.
ii. At closing, Buyer shall:
(1) Deliver at closing a check in the amount of One Hundred and Seventy
Nine Thousand Five Hundred and Five Dollars ($179,505.00) made
SECOND AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF WATER RIGHT (Page 2 of 4)
out to: Holden Kidwell Hahn & Crapo Trust Account in trust for
Ridgeway Holdings LLC.
iii. Closing Instructions:
(1)The Parties acknowledge that Buyer and Ridgeway Holdings LLC are
represented by Holden, Kidwell, Hahn & Crapo, PLLC, and that the
purchase price shall be deposited in the Holden, Kidwell, Hahn &
Crapo, PLLC trust account in trust for Ridgeway Holdings LLC. The
purchase price shall not be delivered to Ridgeway Holdings LLC
unless and until Ridgeway Holdings has executed and delivered to
Holden Kidwell Hahn & Crapo LLC a release in favor of Seller and
such release of the security interest of Ridgeway Holdings LLC is
recorded. Once the release of security interest is recorded, Holden
Kidwell Hahn & Crapo PLLC shall thereafter deliver the conformed
original of the release to Seller with a copy to Buyer and shall record
the executed Special Warranty Deed for Water Rights and deliver the
conformed original of same to Buyer with a copy to Seller.
(2)In the event the release of security interest is not recorded within
thirty (30) days of closing, the purchase price shall be refunded to
Buyer, and the executed Special Warranty Deed for the Water Rights
returned to Seller unrecorded.
IN WITNESS THEREOF, the Parties hereto have caused this Amendment to be duly
executed and delivered by their respective duly authorized officers as of the date set forth below.
IDAHO WATER COMPANY, LLC
anaging MemDer
FALLS WATER COMPANY, INC.
Dated:
By: K. Scott Bruce
Its: General Manager
SECOND AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF WATER RIGHT (Page 3 of 4)
Water Right Report Page 1 of 4
[c1
IDAHO DEPARTMENT OF WATER RESOURCES
Water Right Report
2/23/2011
WATER RIGHT NO. 25-14326
Owner Ty-p-e Name and Address
Current Owner IDAHO WATER CO LLC
1135 VALLEY RD S
EDEN, ID 83325
[phone]
Directors Report Owner FARM CREDIT BANK OF SPOKANE
2225 W BROADWAY STE A
IDAHO FALLS, ID 83402
[phone]
Directors Report Owner AG AMERICA FARM CREDIT BANK
C/O FARM CREDIT SERVICES
P0 BOX 51598
IDAHO FALLS, ID 83405
[phone]
Security Interest RIDGE WAY HOLDINGS LLC
C/O CAROL OLSEN
155 W STONERUN LN
IDAHO FALLS, ID 83404
Priority Date: 10/31/1986
Basis: Decreed
Status: Active
Source Tributary
GROUND WATERI
EXHIBIT ciD
2/23/2011
Beneficial Use liFromil T Volume
blip: //www. idwr. idaho. gov/apps/ExtSearchlRightReportAJ . asp?BasinNumber2 5 &Seque
Water Right Report Page 2 of 4
MUNICIPAL 1104/011110/31111.2 CFS 11327.5 AF
Total Diversion]L J L1 -_2 CFS
Location of Point(s) of Diversion:
GROUND WATER SENESW Sec. 14 Township 02N Range 38E BONNEVILLE County
GROUND WATER SENESW Sec. 14 Township 02N Range 38E BONNEVILLE County
GROUND WATER SENESW Sec. 14 Township 02N Range 38E BONNEVILLE County
[GROUND WATER SWSWSW Sec. 14 Township 02N Range 38E BONNEVILLE County
MUNICIPAL Use:
Acre Limit: 81.9
Place(s) of use: L.gQjjfç
Conditions of Approval:
- The irrigation component of municipal use under this right when combined with all other
rights shall provide no more than 4.0 afa per acre at the field headgate.
T08 Failure of the right holder to comply with the conditions of this transfer is cause for the
Director to rescind approval of the transfer.
228 Municipal use under rights 25-14326 and 25-14327 is for irrigation of 310.0 acres within the
authorized place of use in a single irrigation season.
This water right is subordinate to all water rights with a priority date earlier than April 12,
C11 1994, that are not decreed as enlargements pursuant to Section 42-1426, Idaho Code. As
between water rights decreed as enlargements pursuant to Section 42-1426, Idaho Code, the
earlier priority right is the superior right.
K09 This right is for an enlargement of 81.9 acres within the place of use described for this right.
Pursuant to Section 42-1412(6), Idaho Code, this water right is subject to such general
T19 provisions necessary for the definition of the rights or for the efficient administration of water
rights as may be determined by the Snake River Basin Adjudication court at a point in time
no later than the entry of the final unified decree.
Prior to diversion and use of water under Transfer approval 76778, the right holder shall
212 install and maintain acceptable measuring device(s) at the authorized point(s) of diversion, in
accordance with Department specifications.
A lockable device subject to the approval of the Department shall be maintained on the
R02 diverting works in a manner that will provide the watermaster suitable control of the
diversion.
Use of water under this right will be regulated by a watermaster with responsibility for the
9. R05 distribution of water among appropriators within a water district. At the time of this approval,
this water right is within State Water District No. 120.
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10 107 The right holder shall accomplish the change authorized by this transfer within one year(s) of
the date of this approval.
11 K02 This right is based upon an enlargement of Right No. 25-14327 pursuant to Section 42-1426,
Idaho Code.
Rights 25-14326 and 25-14327 when combined shall not exceed a total diversion rate of 4.57
12.X35 cfs, a total annual maximum diversion volume of 1240.0 af at the field headgate, and the
irrigation of3lO.0 acres.
Place of use is within the service area of Falls Water Co. Inc as provided for under Idaho law.
13.126 The place of use is generally located within Sections 2, 3, 10, 11, 13-16 and 22-24, Township
02N, Range 38E.
14.right does not grant any right-of-way or easement across the land of another.
The combination of changes under: Transfer approval 76778 as described under rights 25-
14326 and 25-14327; Transfer approval 76804 as described under rights 29-13979 and 29-
13980; Transfer approval 76805 as described under rights 35-14046 and 35-14052; Transfer
approval 76806 as described under rights 36-16878 and 36-16879; Transfer approval 76808
as described under rights 21-13121 and 21-13122; provide the necessary mitigation for any
increased depletion to connected reaches of the Snake River that would result from each
15.11201 individual transfer. These transfer approvals shall not require mutual dependence for ongoing
mitigation. Any future action, including a subsequent transfer of this right or an order
rescinding a transfer approval, which would result in a change to the point(s) of diversion
under this right may require mitigation for the effects of the change. Such future action to
change the point(s) of diversion under this right shall be analyzed for effects to connected
reaches of the Snake River based on the priority date, point(s) of diversion and steady-state
quantity as authorized for this right.
Upon specific notification of the Department, the right holder shall install and maintain data
16.11213 loggers to record water usage information at the authorized point(s) of diversion in
accordance with Department specifications.
A map depicting the place of use boundary for this water right at the time of this approval is
attached to this document for illustrative purposes.
The approval of this transfer redefines all of the elements of this water right, and the new use
of water authorized by this approval shall constitute the full extent of the right.
WIIL€
MIKIX
Dates:
Licensed Date:
Decreed Date: 09/12/2002
Enlargement Use Priority Date:
Enlargement Statute Priority Date: 4/12/1994
Water Supply Bank Enrollment Date Accepted:
Water Supply Bank Enrollment Date Removed:
Application Received Date:
Protest Deadline Date:
Number of Protests: 0
Other Information:
State or Federal: S
Owner Name Connector:
Water District Number: 120
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Water Right Report Page 4 of 4
Generic Max Rate per Acre: 0.02
Generic Max Volume per Acre: 4
Civil Case Number:
Old Case Number:
Decree Plantiff:
Decree Defendant:
Swan Falls Trust or Nontrust:
Swan Falls Dismissed:
DLE Act Number:
Cary Act Number:
Mitigation Plan: False r iose1
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IDAHO DEPARTMENT OF WATER RESOURCES
Water Right Report
2/23/2011
WATER RIGHT NO. 25-14327
Owner Type Name and Address
Current Owner IDAHO WATER CO LLC
1135 VALLEY RD S
EDEN, ID 83325
[phone]
Directors Report Owner FARM CREDIT BANK OF SPOKANE
2225 W BROADWAY STE A
IDAHO FALLS, ID 83402
[phone]
Directors Report Owner AG AMERICA FARM CREDIT BANK
C/O FARM CREDIT SERVICES
P0 BOX 51598
IDAHO FALLS, ID 83405
[phone]
Priority Date: 01/27/1976
Basis: Decreed
Status: Active
Source TributaryJ
GROUND WATER
Beneficial Use From Toll
11/01
L
Diversion Rate Volume
MUNICIPAL
Total Diversion
04/01 4.57 CFS
47 CFS
912.5 AFA
EXHIBIT
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Water Right Report Page 2 of 4
Location of Point(s) of Diversion:
GROUND WATER SENESW Sec. 14 Township 02N Range 38E BONNEVILLE County
GROUND WATER SENESW Sec. 14 Township 02N Range 38E BONNEVILLE County
GROUND WATER SENESW Sec. 14 Township 02N Range 38E BONNEVILLE Count yl
GROUND WATER SWSWSW Sec. 14 Township 02N Range 38E BONNEVILLE Coun tyj
MUNICIPAL Use:
Acre Limit: 228.1
Place(s) of use: jgOUTfo
Conditions of Approval:
ght No. 25-14326 is an enlargement of this right pursuant to Section 42-1426, Idaho Code
04 JIThis right does not grant any right-of-way or easement across the land of another.
T07 The right holder shall accomplish the change authorized by this transfer within one year(s) of
the date of this approval.
Place of use is within the service area of Falls Water Co. Inc as provided for under Idaho law.
126 The place of use is generally located within Sections 2, 3, 10, 11, 13-16 and 22-24, Township
02N, Range 38E.
The irrigation component of municipal use under this right when combined with all other
rights shall provide no more than 4.0 afa per acre at the field headgate.
WHO A map depicting the place of use boundary for this water right at the time of this approval is
attached to this document for illustrative purposes.
Use of water under this right will be regulated by a watermaster with responsibility for the
distribution of water among appropriators within a water district. At the time of this approval,
this water right is within State Water District No. 120.
Prior to diversion and use of water under Transfer approval 76778, the right holder shall
install and maintain acceptable measuring device(s) at the authorized point(s) of diversion, in
accordance with Department specifications.
9 T08 Failure of the right holder to comply with the conditions of this transfer is cause for the
Director to rescind approval of the transfer.
10 X27 This right is limited to the irrigation of 228.1 acres within the authorized place of use in a
single irrigation season.
Upon specific notification of the Department, the right holder shall install and maintain data
11.213 loggers to record water usage information at the authorized point(s) of diversion in
accordance with Department specifications.
A lockable device subject to the approval of the Department shall be maintained on the
12.R02 diverting works in a manner that will provide the watermaster suitable control of the
diversion.
13 205 The approval of this transfer redefines all of the elements of this water right, and the new use
of water authorized by this approval shall constitute the full extent of the right.
17
8. 11212
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Pursuant to Section 42-1412(6), Idaho Code, this water right is subject to such general
14 Ti 9 provisions necessary for the definition of the rights or for the efficient administration of water
rights as may be determined by the Snake River Basin Adjudication court at a point in time
no later than the entry of the final unified decree.
15.11228 Municipal use under rights 25-14326 and 25-14327 is for irrigation of 10.0 acres within the
authorized place of use in a single irrigation season.
Rights 25-14326 and 25-14327 when combined shall not exceed a total diversion rate of 4.57
16.11X35 cfs, a total annual maximum diversion volume of 1240.0 af at the field headgate, and the
irrigation of 310.0 acres.
The combination of changes under: Transfer approval 76778 as described under rights 25-
14326 and 25-14327; Transfer approval 76804 as described under rights 29-13979 and 29-
13980; Transfer approval 76805 as described under rights 35-14046 and 35-14052; Transfer
approval 76806 as described under rights 36-16878 and 36-16879; Transfer approval 76808
as described under rights 21-13121 and 21-13122; provide the necessary mitigation for any
increased depletion to connected reaches of the Snake River that would result from each
17.1 201 individual transfer. These transfer approvals shall not require mutual dependence for ongoing
mitigation. Any future action, including a subsequent transfer of this right or an order
rescinding a transfer approval, which would result in a change to the point(s) of diversion
under this right may require mitigation for the effects of the change. Such future action to
change the point(s) of diversion under this right shall be analyzed for effects to connected
reaches of the Snake River based on the priority date, point(s) of diversion and steady-state
quantity as authorized for this right.
Dates:
Licensed Date:
Decreed Date: 09/12/2002
Enlargement Use Priority Date:
Enlargement Statute Priority Date:
Water Supply Bank Enrollment Date Accepted:
Water Supply Bank Enrollment Date Removed:
Application Received Date:
Protest Deadline Date:
Number of Protests: 0
Other Information:
State or Federal: S
Owner Name Connector:
Water District Number: 120
Generic Max Rate per Acre: 0.02
Generic Max Volume per Acre: 4
Civil Case Number:
Old Case Number:
Decree Plantiff:
Decree Defendant:
Swan Falls Trust or Nontrust:
Swan Falls Dismissed:
DLE Act Number:
Cary Act Number:
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Mitigation Plan: False
[closel
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SPECIAL WARRANTY DEED FOR WATER RIGHTS
Idaho Water Company, LLC, an Idaho limited liability company, whose address is 1135
Valley Rd. South, Eden, ID 83325 ("Grantor"), does hereby grant, bargain, sell, assign, and
convey unto Falls Water Co., Inc., an Idaho corporation with an address of 2180 Deborah Drive,
Idaho Falls, ID 83406 ("Grantee"), and to Grantee's heirs, successors, and assigns forever, all of
Grantor's right, title, and interest in the entirety of the following described water rights
(hereinafter the "Water Rights"), to-wit:
Water Right Nos. 25-14326 and 25-14327
(being children rights of Water Right Nos. 35-12915 and 35-13316)
Grantor assigns to Seller any other interest it may have in the Water Rights including any
claim, permit, license, or shares of stock evidencing, claiming, or representing such Water Rights.
To the extent the Water Rights, or any of them, are represented by a permit or other property
not conveyable by deed, this deed shall be deemed and shall operate as a bill of sale therefore.
Grantor retains no residual or reversionary interest in any of the Water Rights.
Grantor hereby covenants and warrants to Grantee as follows:
A.That Grantor is the owner in fee simple of the Water Right;
B.That Grantor has not conveyed any of the Water Right to anyone other than
Grantee;
C.That each of the Water Right is free from all liens, claims, or encumbrances;
D.That Grantor has the authority to convey the Water Right to Grantee;
E.The Grantor has disclosed to Grantee in good faith all relevant information
known to Grantor bearing on the validity and extent of the Water Right.
Grantor makes no other covenants or warranties as to the Water Right.
EEXHIBIT
i C,
IN WITNESS WHEREOF, the undersigned authorized officers of Grantor, acting on behalf
of Grantor, have caused their names to be hereunto subscribed on the date shown by each name.
GRANTOR: IDAHO WATER COMPANY, LLC
DATE:
By: Delbert G. Kohtz
Its: Member
STATE OF IDAHO )
)ss.
County of BONNEVILLE )
On the day of February, before me, the undersigned, a notary public in and for said
State, personally appeared Delbert G. Kohtz, known or identified to me to be the manager or a
mern ber of Idaho Water Company, LLC, the limited liability company that executed the instrument
or the person who executed the instrument on behalf of said limited liability company, and
acknowledged to me that such limited liability company executed the same.
IN WITN lESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day
and year in this certificate first above written.
Notary Public for Idaho
(seal) Residing at , Idaho
My Commission Expires:
Instrument # 1390858
IDAHO FALLS, BONNEVILLE, IDAHO
5-10-2011 04:12:08 No. of Pages: 2
Recorded for: HOLDEN, KIDWELL I
RONALD LONGMORE Fee: 13.00 &
Ex-Officio Recorder Deputy_______________________
Index to: DEED, WARRANT,'
SPECIAL WARRANTY DEED FOR WATER RIGHTS
Idaho Water Company, LLC, an Idaho limited liability company, whose address is 1135
Valley Rd. South, Eden, ID 83325 ("Grantor"), does hereby grant, bargain, sell, assign, and
convey unto Falls Water Co., Inc., an Idaho corporation with an address of 2180 Deborah Drive,
Idaho Falls, ID 83406 ("Grantee"), and to Grantee's heirs, successors, and assigns forever, all of
Grantor's right, title, and interest in the entirety of the following described water rights
(hereinafter the "Water Rights"), to-wit:
Water Right Nos. 25-14326 and 25-14327
(being children rights of Water Right Nos. 35-12915 and 35-13316)
Grantor assigns to Seller any other interest it may have in the Water Rights including any
claim, permit, license, or shares of stock evidencing, claiming, or representing such Water Rights.
To the extent the Water Rights, or any of them, are represented by a permit or other property
not conveyable by deed, this deed shall be deemed and shall operate as a bill of sale therefore.
Grantor retains no residual or reversionary interest in any of the Water Rights.
Grantor hereby covenants and warrants to Grantee as follows:
A.That Grantor is the owner in fee simple of the Water Right;
B.That Grantor has not conveyed any of the Water Right to anyone other than
Grantee;
C.That each of the Water Right is free from all liens, claims, or encumbrances;
D.That Grantor has the authority to convey the Water Right to Grantee;
E.The Grantor has disclosed to Grantee in good faith all relevant information
known to Grantor bearing on the validity and extent of the Water Right.
Grantor makes no other covenants or warranties as to the Water Right.
and year in this certificate first abov,
i1IU Sin1111
.. M.
...
seál)
PUBLIC 4/ S
IN WITNESS WHEREOF,F Ely
IN WITNESS WHEREOF, the undersigned authorized officers of Grantor, acting on behalf
of Grantor, have caused their names to be hereunto subscribed on the date shown by each name.
GRANTOR: IDAHO WATER CO ANY, LLC
DATE:
2
- By: Delbert G. Kohtz
Its: Member
STATE OF IDAHO )
)ss.
County of BONNEVILLE )
) On the _______ 1I day of February, before me, the undersigned, a notary public in and for said
State, personally appeared Delbert G. Kohtz, known or identified to me to be the manager or a
member of Idaho Water Company, LLC, the limited liability company that executed the instrument
or the person who executed the instrument on behalf of said limited liability company, and
acknowledged to me that such limited liability company executed the same.
PARTIAL RELEASE OF MORTGAGE
THIS PARTIAL RELEASE OF MORTGAGE (this" Partial Release") is made and
executed to be effective as of February 24,2011, by RIDGEWAY HOLDINGS, LLC, an Idaho
limited liability company ("Mortgagee").
RECITALS
WHEREAS, Idaho Water Company, LLC, an Idaho limited liability company
("Mortgagot") has previously executed that certain Mortgage (the "Mortgage"), dated
August 19, 2009, recorded August 20,2009 under Instrument No. 379006, in the Official Records
of Jefferson County, Idaho, in favor of Mortgagee, securing Mortgagor's obligations under that
certain Promissory Note (the "Note"), dated August 19, 2009, in the original principal amount
of $320,000.00; and
WHEREAS, the Mortgage covers portions of Water Right Numbers 35-12915 and 35-
13316 (collectively, the "Mortgaged Estate"), more particularly described in the Mortgage; and
WHEREAS, after the Mortgage was filed of record, the water rights constituting the
Mortgaged Estate were divided into the following water rights: Water Right Numbers 25-14326,
25-14327, 29-13979, 29-13980, 35-14046, 35-14052, 36-16878, 36-16879, 21-13121, and 21-
13122;and
WHEREAS, upon Mortgagor's request, Mortgagee desires to execute this Partial Release
for the purpose of releasing the portion of the Mortgaged Estate that is more particularly
described below from the liens and security interests arising under the Mortgage.
PARTIAL RELEASE
NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby
acknowledged, Mortgagee releases the following described property from any and all liens and
security interests evidenced by the Mortgage: Water Right Numbers 25-14326, 25-14327, 29-
13979, and 29-13980.
This Partial Release shall not in any way release, affect, or impair the liens and security
interests covering the remainder of the Mortgaged Estate, including approximately 130 acres of
the following water rights (collectively, the "Remainder of the Mortgaged Estate"): Water Right
Numbers 35-14046, 35-14052, 3616878, 36-16879, 21-13121, and 21-13122. The Remainder
of the Mortgaged Estate is not released. In all other respects, not inconsistent herewith, the terms
Instrument-O'390561
RIGBY; JEFFERSON; IDAHO
3-16-2011 02:01:00 No. of Pages: 2
Recorded for: HOLDEN (lOWELL HAHN & CRAPO
CHRISTINE BOVLTER Fee: 13.00 j ..- Ex-Officio Recorder Deputy - k
PARTIAL RELEASE OF MORTGAGE • IAdeXtO PARTIAL Ra EASE OFMORTGAGE
of the Mortgage shall remain in full force and effect and be binding upon Mortgagor and the
Remainder of the Mortgaged Estate.
EXECUTED to be effective as of the date first written above.
MORTGAGOR:
RIDGE WAY HOLDINGS, LLC,
an Idaho limited liability company
/
Ii
I I-DaAiel, Member
STATE OF IDAHO ).
)ss.
County of )
On the day of February, 2011, before me, the undersigned notary public
in and for said state, personally appeared Wendy McDaniel, known or identified to me to be
a member of Ridgeway Holdings, LLC, the limited liability company that executed the
foregoing instrument or the person who executed the foregoing instrument on behalf of said
limited liability company, and acknowledged to me that such limited liability company
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand ad affixed my official seal
the day and year in this certificate first above
OTA
I
CAB 2l6\P4L)e of Mortgage vOl.wpd
OF
Notary Public for Idaho
Residing at: ;r:L0\AJ 'h11'3
My commission expires: i.J (DIIIk
2 PARTIAL RELEASE OF MORTGAGE
STATE OF IDAHO
IDAHO DEPARTMENT OF WATER RESOURCES
NOTICE OF CHANGE OF WATER RIGHT OWNERSHIP
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.
Water Right/Claim No. Split? Water Right/Claim No. Split? Water Right/Claim No. Split?
25-14326 Yes 0 Yes o Yes 0
25-14327 Yes 0 Yes o Yes 0
Yes 0 Yes o Yes 0
Yes 0 Yes o Yes 0
Yes 0 Yes o i Yes 0
Previous Owner's Name: Idaho Water Co. LLC
Name of current water right holder/claimant
New Owner(s)/Claimant(s): Falls Water Co., Inc. -.
Name of each new owner as listed on the conveyance document
New owner Continued Name Connector 0 and 0 or 0 and/or
2180 Deborah Drive
Mailing Address
Idaho Falls ID 83401
City State Zip
[phone]
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.
Date you acquired the water rights and/or claims listed above. May 10, 2011
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.
Signature: I-rrPi'JF'7'
Signature of nex4 owner/claimant Title, if applicable Date
Signature:
Signature of new owner/claimant Title, if applicable Date
For IDWR Office Use Only.
Receipted by Date
Approved by Processed by
Receipt No
Date
Receipt Amt.
Form 42-248/42-1409(6) Rev. 07/10 COPY
Water Right Report Page 1 of
[dose]
IDAHO DEPARTMENT OF WATER RESOURCES
Water Right Report
5/12/2011
WATER RIGHT NO. 25-14326
Owner Type Name and Address
Current Owner IDAHO WATER CO LLC
1135 VALLEY RD S
EDEN, ID 83325
[phone]
Directors Report Owner FARM CREDIT BANK OF SPOKANE
2225 W BROADWAY STE A
IDAHO FALLS, ID 83402
[phone]
Directors Report Owner AG AMERICA FARM CREDIT BANK
C/O FARM CREDIT SERVICES
P0 BOX 51598
IDAHO FALLS, ID 83405
[phone]
Security Interest RIDGE WAY HOLDINGS LLC
C/O CAROL OLSEN
155 W STONERUN LN
IDAHO FALLS, ID 83404
Priority Date: 10/31/1986
Basis: Decreed
Status: Active
Source I Tributary
GROUND WATERJ
Beneficial Use IlFromll To Volume
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IIJNTCIPAL 11110/31111.2 CFS 27.5 AF
otal Diversi 1.2CFS
Location of Point(s) of Diversion:
GROUND WATER SENESW Sec. 14 Township 02N'1 Range 38E BONNEVILLE County
GROUND WATER SENESW Sec. 14 Township 02N Range 38E BONNEVILLE County
GROUND WATER SENESW Sec. 14 Township 02N Range 38E BONNEVILLE County
GROUND WATER SWSWSW Sec. 14 Township 02N Range 38E BONNEVILLE Countyj
MUNICIPAL Use:
Acre Limit: 81.9
Place(s) of use: Large POU Info
Conditions of Approval:
1. The irrigation component of municipal use under this right when combined with all other
rights shall provide no more than 4.0 afa per acre at the field headgate.
2 T08 Failure of the right holder to comply with the conditions of this transfer is cause for the
Director to rescind approval of the transfer.
3 228 Municipal use under rights 25-14326 and 25-14327 is for irrigation of 310.0 acres within the
authorized place of use in a single irrigation season.
This water right is subordinate to all water rights with a priority date earlier than April 12,
4 1994, that are not decreed as enlargements pursuant to Section 42-1426, Idaho Code. As
between water rights decreed as enlargements pursuant to Section 42-1426, Idaho Code, the
earlier priority right is the superior right.
5. K09 This right is for an enlargement of 81.9 acres within the place of use described for this right.
Pursuant to Section 42-1412(6), Idaho Code, this water right is subject to such general
6 T19 provisions necessary for the definition of the rights or for the efficient administration of water
rights as may be determined by the Snake River Basin Adjudication court at a point in time
no later than the entry of the final unified decree.
Prior to diversion and use of water under Transfer approval 76778, the right holder shall
7.212 install and maintain acceptable measuring device(s) at the authorized point(s) of diversion, in
accordance with Department specifications.
A lockable device subject to the approval of the Department shall be maintained on the
8.R02 diverting works in a maimer that will provide the watermaster suitable control of the
diversion.
Use of water under this right will be regulated by a watermaster with responsibility for the
9.R05 distribution of water among appropriators within a water district. At the time of this approval,
this water right is within State Water District No. 120.
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Water Right Report Page 3 of 4
10 T07 The right holder shall accomplish the change authorized by this transfer within one year(s) of
the date of this approval.
11 1(02 This right is based upon an enlargement of Right No. 25-14327 pursuant to Section 42-1426,
Idaho Code.
Rights 25-14326 and 25-14327 when combined shall not exceed a total diversion rate of 4.57
12.X35 cfs, a total annual maximum diversion volume of 1240.0 af at the field headgate, and the
irrigation of3lO.0 acres.
Place of use is within the service area of Falls Water Co. Inc as provided for under Idaho law.
13.126 The place of use is generally located within Sections 2, 3, 10, 11, 13-16 and 22-24, Township
02N, Range 38E.
14.004 This right does not grant any right-of-way or easement across the land of another.
The combination of changes under: Transfer approval 76778 as described under rights 25-
14326 and 25-14327; Transfer approval 76804 as described under rights 29-13979 and 29-
13980; Transfer approval 76805 as described under rights 35-14046 and 35-14052; Transfer
approval 76806 as described under rights 36-16878 and 36-16879; Transfer approval 76808
as described under rights 21-13121 and 21-13122; provide the necessary mitigation for any
increased depletion to connected reaches of the Snake River that would result from each
15.201 individual transfer. These transfer approvals shall not require mutual dependence for ongoing
mitigation. Any future action, including a subsequent transfer of this right or an order
rescinding a transfer approval, which would result in a change to the point(s) of diversion
under this right may require mitigation for the effects of the change. Such future action to
change the point(s) of diversion under this right shall be analyzed for effects to connected
reaches of the Snake River based on the priority date, point(s) of diversion and steady-state
quantity as authorized for this right.
Upon specific notification of the Department, the right holder shall install and maintain data
16.213 loggers to record water usage information at the authorized point(s) of diversion in
accordance with Department specifications.
17 180 A map depicting the place of use boundary for this water right at the time of this approval is
attached to this document for illustrative purposes.
8 205 The approval of this transfer redefines all of the elements of this water right, and the new use
of water authorized by this approval shall constitute the full extent of the right.
Dates:
Licensed Date:
Decreed Date: 09/12/2002
Enlargement Use Priority Date:
Enlargement Statute Priority Date: 4/12/1994
Water Supply Bank Enrollment Date Accepted:
Water Supply Bank Enrollment Date Removed:
Application Received Date:
Protest Deadline Date:
Number of Protests: 0
Other Information:
State or Federal: S
Owner Name Connector:
Water District Number: 120
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Water Right Report Page 1 of 4
[Close J
IDAHO DEPARTMENT OF WATER RESOURCES
Water Right Report
5/12/2011
WATER RIGHT NO. 25-14327
Owner Type Name and Address
Current Owner IDAHO WATER CO LLC
1135 VALLEY RD S
EDEN, ID 83325
[phone]
Directors Report Owner FARM CREDIT BANK OF SPOKANE
2225 W BROADWAY STE A
IDAHO FALLS, ID 83402
[phone]
Directors Report Owner AG AMERICA FARM CREDIT BANK
C/O FARM CREDIT SERVICES
P0 BOX 51598
IDAHO FALLS, ID 83405 1(208)523-1066
Priority Date: 01/27/1976
Basis: Decreed
Status: Active
[ Source Tributary
IGROUND WATER
I Beneficial Use From To
11/01
Diversion RIJ Volume
MUNICIPAL
Total Diversion
04/01 4.57 CFS
CFS
912.5 AFA
J
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* Water Right Report Page 2 of 4
Location of Point(s) of Diversion:
GROUND WATER SENESW Sec. 14 Township 02N Range 38E BONNEVILLE County
GROUND WATER SENESW Sec. 14 Township 02N Range 38E BONNEVILLE County
GROUND WATER SENESW Sec. 14 Township 02N Range 38E BONNEVILLE County
GROUND WATER SWSWSW, Pec. 14 Township 02N Range 38E BONNEVILLE County
MUNICIPAL Use:
Acre Limit: 228.1
Place(s) of use: L arge POU Info
Conditions of Approval:
KOl Right No. 25-14326 is an enlargement of this right pursuant to Section 42-1426, Idaho Code.
004 This right does not grant any right-of-way or easement across the land of another.
T07 The right holder shall accomplish the change authorized by this transfer within one year(s) of
the date of this approval.
Place of use is within the service area of Falls Water Co. Inc as provided for under Idaho law.
126 The place of use is generally located within Sections 2, 3, 10, 11, 13-16 and 22-24, Township
02N, Range 38E.
The irrigation component of municipal use under this right when combined with all other Irights shall provide no more than 4.0 afa per acre at the field headgate.
6 180 A map depicting the place of use boundary for this water right at the time of this approval is
attached to this document for illustrative purposes.
Use of water under this right will be regulated by a watermaster with responsibility for the
7.R05 distribution of water among appropriators within a water district. At the time of this approval,
this water right is within State Water District No. 120.
Prior to diversion and use of water under Transfer approval 76778, the right holder shall
8.212 install and maintain acceptable measuring device(s) at the authorized point(s) of diversion, in
accordance with Department specifications.
9 T08 Failure of the right holder to comply with the conditions of this transfer is cause for the
Director to rescind approval of the transfer.
X27 This right is limited to the irrigation of 228.1 acres within the authorized place of use in a
single irrigation season.
Upon specific notification of the Department, the right holder shall install and maintain data
11.213 loggers to record water usage information at the authorized point(s) of diversion in
accordance with Department specifications.
A lockable device subject to the approval of the Department shall be maintained on the
12.R02 diverting works in a manner that will provide the watermaster suitable control of the
diversion.
13 205 The approval of this transfer redefines all of the elements of this water right, and the new use
of water authorized by this approval shall constitute the full extent of the right.
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WateT Right Report Page 3 of
Pursuant to Section 42-1412(6), Idaho Code, this water right is subject to such general
14• T19 provisions necessary for the defmition of the rights or for the efficient administration of water
rights as may be determined by the Snake River Basin Adjudication court at a point in time
no later than the entry of the final unified decree.
15 228 Municipal use under rights 25-14326 and 25-14327 is for irrigation of3lO.0 acres within the
authorized place of use in a single irrigation season.
Rights 25-14326 and 25-14327 when combined shall not exceed a total diversion rate of 4.57
WC cfs, a total annual maximum diversion volume of 1240.0 af at the field headgate, and the
irrigation of 10.0 acres.
The combination of changes under: Transfer approval 76778 as described under rights 25-
14326 and 25-14327; Transfer approval 76804 as described under rights 29-13979 and 29-
13980; Transfer approval 76805 as described under rights 35-14046 and 35-14052; Transfer
approval 76806 as described under rights 36-16878 and 36-16879; Transfer approval 76808
as described under rights 21-13121 and 21-13122; provide the necessary mitigation for any
increased depletion to connected reaches of the Snake River that would result from each
17 individual transfer. These transfer approvals shall not require mutual dependence for ongoing
mitigation. Any future action, including a subsequent transfer of this right or an order
rescinding a transfer approval, which would result in a change to the point(s) of diversion
under this right may require mitigation for the effects of the change. Such future action to
thange the point(s) of diversion under this right shall be analyzed for effects to connected
reaches of the Snake River based on the priority date, point(s) of diversion and steady-state
uantity as authorized for this right. -
Dates:
Licensed Date:
Decreed Date: 09/12/2002
Enlargement Use Priority Date:
Enlargement Statute Priority Date:
Water Supply Bank Enrollment Date Accepted:
Water Supply Bank Enrollment Date Removed:
Application Received Date:
Protest Deadline Date:
Number of Protests: 0
Other Information:
State or Federal: S
Owner Name Connector:
Water District Number: 120
Generic Max Rate per Acre: 0.02
Generic Max Volume per Acre: 4
Civil Case Number:
Old Case Number:
Decree Plantiff:
Decree Defendant:
Swan Falls Trust or Nontrust:
Swan Falls Dismissed:
DLE Act Number:
Cary Act Number:
httn://www.idwr.idaho.govlapps/Exts earch/RightReportAJ.asp?BasinNUmber2s&Seque... 5/12/2011
State of Idaho
) DEPARTMENT OF WATER RESOURCES
• Eastern Region, 900 North Skyline Drive, Suite A • idaho Falls, Idaho 83402-1718
Phone: [phone] • Fax: [phone] • Web Site: www.idwr.idaho.gov
C. L. "BUTCH" OTTER
Governor May 24, 2011 GARY SPACKMAN
Interim Director
Falls Water Co
2180 Deborah Dr
Idaho Falls 1D 83401
RE: Change of Ownership for Water Right No(s). 25-14326 & 25-14327
Dear Water Right Holder(s):
The department acknowledges receipt of correspondence changing ownership of the above referenced
water right(s) to you. The department has modified its records to reflect the change in ownership and
has enclosed computer-generated reports for your records.
Updating the ownership record for a water right does not reconfirm the validity of the right. When
processing an ownership change notice, the department does not review the history of water use to
determine if the right has been deliberately abandoned or forfeited through five years or more of non-
use. To read more about water right forfeiture, including how to protect a water right from forfeiture,
please see Sections 42-222 and 42-223, Idaho Code.
Also, ple , sc note that Section 42-248, Idaho Code, requires you or the owner of this water right to
maintain slurrent ownership and address records on file with the department. Forms to file a change of
ownersh of a water right and/or a change in the address of the water right owner are available from
any d,Pirtment office, or at the department's website at: www.idwr.idaho.gov .
PEese feel free to contact this office if you have any questions regarding this matter.
Sincerely,
J1j
) echni&a,LRecords Soei t
Enclosure(s)
cc: Water District 120
Holden Kidwell Hahn & Crapo
Page 1 05/24/2011
IDAHO DEPARTMENT OF WATER RESOURCES
Water Right Report 25-14326
WATER RIGHT NUMBER: 25-14326
Owner Type Name and Address
Previous Owner IDAHO WATER CO LLC
1135 VALLEY RD S
EDEN, ID 83325
[phone]
Current Owner FALLS WATER CO INC
2180 N DEBORAH DR
IDAHO FALLS, ID 83401
[phone]
Priority Date. 10/31/1986
Basis: Decreed
Status: Active
Source Tributary
GROUND WATER
Beneficial Use From To Diversion Rate Annual Volume
MUNICIPAL 04/01 to 10/31 1.200CFS 327.50 AF
Total Diversion: 1.200 CFS 327.50 AF
Location of Point(s) of Diversion
GROUND WATER SE1/4NE1/4SW1/4 Sec. 14, Twp 02N, Rge 38E, B.M.
BONNEVILLE County
GROUND WATER SE1/4NE1/4SW1/4 Sec. 14, Twp 02N, Rge 38E, B.M.
BONNEVILLE County
GROUND WATER SE1/4NE1/4SW1/4 Sec. 14, Twp 02N, Rge 38E, B.M.
BONNEVILLE County
GROUND WATER SW1/4SW1/4SW1/4 Sec. 14, Twp 02N, Rge 38E, B.M.
BONNEVILLE County
Place of Use
Page 2 05/24/2011
IDAHO DEPARTMENT OF WATER RESOURCES
Water Right Report 25-14326
MUNICIPAL
Twp Rge Sec I NE I NW I SW I SE
02N38E21X X X x X X x X X x X X XI
ILl L2 IL3 L4 I I
02N 38E 3 I X X X I X I X X X X I Li I I I
02N 38E 9 1
I
I
I I
I I
X Xl I
02N38E10 IX X X
I
x X X x
I
X X x
I
X X X
I
02N38E11IX X X
I
x X X x
I
X X x
I
X X XI
I
02N38E13I
I I
IX X X x
I
X X XI
I I
02N38E14IX
I
X X x
I
X X x
I
X X x
I
X X XI
I
02N38E15IX
I
X X x
I
X X x
I I
IX X X XI
I
02N 38E 16 I X
I
X
I
I
I
I
I
I
I
02N38E221 X
I
X I
I
I
I
I
I
I
I
02N 38E 23 I X X X X I
I
X X X X I
I
X X I
I
X X I
I
02N 38E 241
I
I
I
X I
I
X I
I
I
I
Conditions of Aooroval
1 The irrigation component of municipal use under this right when combined with all other rights shall
provide no more than 4.0 afa per acre at the field headgate.
2.T19 Pursuant to Section 42-1412(6), Idaho Code, this water right is subject to such general provisions
necessary for the definition of the rights or for the efficient administration of water rights as may be
determined by the Snake River Basin Adjudication court at a point in time no later than the entry of the
final unified decree.
3.R02 A lockable device subject to the approval of the Department shall be maintained on the diverting works
in a manner that will provide the watermaster suitable control of the diversion.
4.004 This right does not grant any right-of-way or easement across the land of another.
Page 3 05/24/2011
IDAHO DEPARTMENT OF WATER RESOURCES
Water Right Report 25-14326
5.Cli This water right is subordinate to all water rights with a priority date earlier than April 12, 1994, that are
not decreed as enlargements pursuant to Section 42-1426, Idaho Code. As between water rights
decreed as enlargements pursuant to Section 42-1426, Idaho Code, the earlier priority right is the
superior right.
6.126 Place of use is within the service area of Falls Water Co. Inc as provided for under Idaho law. The
place of use is generally located within Sections 2, 3, 10, 11, 13-16 and 22-24, Township 02N, Range
38E.
7.K02 This right is based upon an enlargement of Right No. 25-14327 pursuant to Section 42-1426, Idaho
Code.
8.228

Municipal use under rights 25-14326 and 25-14327 is for irrigation of 310.0 acres within the authorized
place of use in a single irrigation season.
9.213 Upon specific notification of the Department, the right holder shall install and maintain data loggers to
record water usage information at the authorized point(s) of diversion in accordance with Department
specifications.
10, T07 The right holder shall accomplish the change authorized by this transfer within one year(s) of the date
of this approval.
11.R05 Use of water under this right will be regulated by a watermaster with responsibility for the distribution of
water among appropriators within a water district. At the time of this approval, this water right is within
State Water District No. 120.
12.180 A map depicting the place of use boundary for this water right at the time of this approval is attached to
this document for illustrative purposes.
13.T08

Failure of the right holder to comply with the conditions of this transfer is cause for the Director to
rescind approval of the transfer.
14.K09 This right is for an enlargement of 81.9 acres within the place of use described for this right.
15.201 The combination of changes under:
Transfer approval 76778 as described under rights 25-14326 and 25-14327;
Transfer approval 76804 as described under rights 29-13979 and 29-13980;
Transfer approval 76805 as described under rights 35-14046 and 35-14052;
Transfer approval 76806 as described under rights 36-16878 and 36-16879;
Transfer approval 76808 as described under rights 21-13121 and 21-13122;
provide the necessary mitigation for any increased depletion to connected reaches of the Snake River
that would result from each individual transfer. These transfer approvals shall not require mutual
dependence for ongoing mitigation.
Any future action, including a subsequent transfer of this right or an order rescinding a transfer
approval, which would result in a change to the point(s) of diversion under this right may require
mitigation for the effects of the change. Such future action to change the point(s) of diversion under
this right shall be analyzed for effects to connected reaches of the Snake River based on the priority
date, point(s) of diversion and steady-state quantity as authorized for this right.
16.212 Prior to diversion and use of water under Transfer approval 76778, the right holder shall install and
maintain acceptable measuring device(s) at the authorized point(s) of diversion, in accordance with
Department specifications.
17.X35 Rights 25-14326 and 25-14327 when combined shall not exceed a total diversion rate of 4.57 cfs, a
total annual maximum diversion volume of 1240.0 af at the field headgate, and the irrigation of 310.0
acres.
18.205 The approval of this transfer redefines all of the elements of this water right, and the new use of water
authorized by this approval shall constitute the full extent of the right.
Remarks:
05/24/2011 Page 4
IDAHO DEPARTMENT OF WATER RESOURCES
Water Right Report 25-14326
Comments:
1.bjordan 9/14/2010 1:40:51 PM POD
Comment: Updated Shape
2.bjordan 9/14/2010 1:46:07 PM POD
Comment: Updated Shape
3.bjordan 9/14/2010 1:48:08 PM POD
Comment: Updated Shape
4.bjordan 9/14/2010 1:50:19 PM POD
Comment: Updated Shape
5.bjordan 9/14/2010 1:50:50 PM POD
Comment: Updated Shape
6.bjordan 9/14/20101:51:25 PM POD
Comment: Updated Shape
7.bjordan 9/14/2010 1:52:58 PM POD
Comment: Updated Shape
8.bjordan 9/14/2010 1:54:00 PM POD
Comment: Updated Shape
9.bjordan 9/14/2010 2:03:32 PM POU
Comment: Updated Shape
10.bordan 9/14/2010 2:04:43 PM POU
Comment: Updated PLS
11.bjordan 10/19/2010 11:29.33 AM POU
Comment: Updated Shape
12.biordan 10/19/2010 11:30:46 AM POU
Comment: Updated PLS
13.scox 11/30/20108:44:21 AM Transferred Right
Comment: This is now an approved transfer, transfer number = 76778
14.Renumber 11/30/2010 9:51:55 AM Renumber WA 25-14326
Comment: This has been renumbered from 35-14044
15.bjordan 11/30/2010 10:44:02 AM POD
Comment: Updated Shape
16.bjordan 11/30/2010 10:44:36 AM POD
Comment: Updated Shape
17.bjordan 11/30/2010 10:45:00 AM POD
Comment: Updated Shape
18.bjordan 11/30/2010 10:46:25 AM POD
Comment: Updated Shape
19.bjordan 11/30/2010 10:48:22 AM POD
Comment: Updated Shape
20.bjordan 11/30/2010 10:53:23 AM POU
Comment: Updated Shape
21.segbert 2/16/2011 10:12:19 AM POD
Comment: PODID 793212 correlated from SpatialDatalD 29657510 SpatialDatalD 252390
05/24/2011 Page 5
IDAHO DEPARTMENT OF WATER RESOURCES
Water Right Report 25-14326
Comment: PODID 793212 correlated from SpatialDatalD 296575 to SpatialDatalD 252390
22. segbert 2/16/2011 10:17:12 AM POD
Comment: PODID 793210 correlated from SpatialDatalD 296574 to SpatialDatalD 252630
Dates and Other Information:
Licensed Date:
Decreed Date: 9/12/2002
Enlargement Use Priority Date:
Enlargement Statute Priority Date: 4/12/1994
State or Federal: S
Owner Name Connector:
Water District Number: 120
Generic Max Rate Per Acre: 0.02
Generic Max Volume Per Acre: 4
Decree Defendant:
Decree Plaintiff:
Civil Case Number: 39576
Judicial District: FIFTH
Swan Falls Trust or Nontrust:
Swan Falls Dismissed:
IDLE Act Number:
Carey Act Number:
Mitigation Plan: False
Combined Use Limits:
Water Supply Bank:
4
Page 1 05/24/2011
IDAHO DEPARTMENT OF WATER RESOURCES
Water Right Report 25-14327
WATER RIGHT NUMBER: 25-14327
Owner Type Name and Address
Previous Owner IDAHO WATER CO LLC
1135 VALLEY RD S
EDEN, ID 83325
[phone]
Current Owner FALLS WATER CO INC
2180 N DEBORAH DR
IDAHO FALLS, ID 83401
[phone]
Priority Date: 01/27/1976
Basis: Decreed
Status: Active
Source Tributary
GROUND WATER
Beneficial Use From To Diversion Rate Annual Volume
MUNICIPAL 04/01 to 11/01 4.570CFS 912.50 AF
Total Diversion: 4.570 CFS 912.50 AF
Location of Point(s) of Diversion
GROUND WATER SE1/4NE1/4SW1/4 Sec. 14, Twp 02N, Age 38E, B.M.
BONNEVILLE County
GROUND WATER SE1/4NE1/4SW1/4 Sec. 14, Twp 02N, Rge 38E, B.M.
BONNEVILLE County
GROUNDWATER SE1/4NE1/4SW1/4 Sec. 14, TwpO2N, Rge38E, B.M.
BONNEVILLE County
GROUND WATER SW1/4SW1/4SW1/4 Sec. 14, Twp 02N, Age 38E, B.M.
BONNEVILLE County
Place of Use
4 . -
Page 3 05/24/2011
IDAHO DEPARTMENT OF WATER RESOURCES
Water Right Report 25-14327
6.R05 Use of water under this right will be regulated by a watermaster with responsibility for the distribution of
water among appropriators within a water district. At the time of this approval, this water right is within
State Water District No. 120.
7.212 Prior to diversion and use of water under Transfer approval 76778, the right holder shall install and
maintain acceptable measuring device(s) at the authorized point(s) of diversion, in accordance with
Department specifications.
8.X27 This right is limited to the irrigation of 228.1 acres within the authorized place of use in a single irrigation
season.
9.201 The combination of changes under:
Transfer approval 76778 as described under rights 25-14326 and 25-14327;
Transfer approval 76804 as described under rights 29-13979 and 29-13980;
Transfer approval 76805 as described under rights 35-14046 and 35-14052;
Transfer approval 76806 as described under rights 36-16878 and 36-16879;
Transfer approval 76808 as described under rights 21-13121 and 21-13122;
provide the necessary mitigation for any increased depletion to connected reaches of the Snake River
that would result from each individual transfer. These transfer approvals shall not require mutual
dependence for ongoing mitigation.
Any future action, including a subsequent transfer of this right or an order rescinding a transfer
approval, which would result in a change to the point(s) of diversion under this right may require
mitigation for the effects of the change. Such future action to change the point(s) of diversion under
this right shall be analyzed for effects to connected reaches of the Snake River based on the priority
date, point(s) of diversion and steady-state quantity as authorized for this right.
10.KOl Right No. 25-14326 is an enlargement of this right pursuant to Section 42-1426, Idaho Code.
11.228 Municipal use under rights 25-14326 and 25-14327 is for irrigation of 310.0 acres within the authorized
place of use in a single irrigation season.
12.R02 A lockable device subject to the approval of the Department shall be maintained on the diverting works
in a manner that will provide the watermaster suitable control of the diversion.
13.205

The approval of this transfer redefines all of the elements of this water right, and the new use of water
authorized by this approval shall constitute the full extent of the right.
14.126 Place of use is within the service area of Falls Water Co. Inc as provided for under Idaho law. The
place of use is generally located within Sections 2, 3, 10, 11, 13-16 and 22-24, Township 02N, Range
38E.
15.The irrigation component of municipal use under this right when combined with all other rights shall
provide no more than 4.0 afa per acre at the field headgate.
16.213 Upon specific notification of the Department, the right holder shall install and maintain data loggers to
record water usage information at the authorized point(s) of diversion in accordance with Department
specifications.
17.X35 Rights 25-14326 and 25-14327 when combined shall not exceed a total diversion rate of 4.57 cfs, a
total annual maximum diversion volume of 1240.0 af at the field headgate, and the irrigation of 310.0
acres.
Remarks:
05/24/2011 Page 4
IDAHO DEPARTMENT OF WATER RESOURCES
Water Right Report 25-14327
Comments:
1.bjordan 10/19/2010 1133:06AM POU
Comment: Updated Shape
2.scox 11/30/20108:44:21 AM Transferred Right
Comment: This is now an approved transfer, transfer number = 76778
3.Renumber 11/30/20109:53:15 AM RenumberWR 25-14327
Comment: This has been renumbered from 35-14050
4.bjordan 11/30/2010 11:05:04 AM POU
Comment: Updated Shape
5.segbert 2/16/201110:12:19 AM POD
Comment: PODID 793220 correlated from SpatialDatalD 296575 to SpatialDatalD 252390
6.segberl 2/16/201110:17:12 AM POD
Comment: PODID 793218 correlated from SpatialDatalD 296574 to SpatialDatalD 252630
Dates and Other Information
Licensed Date:
Decreed Date: 9/12/2002
Enlargement Use Priority Date:
Enlargement Statute Priority Date:
State or Federal: S
Owner Name Connector:
Water District Number: 120
Generic Max Rate Per Acre: 0.02
Generic Max Volume Per Acre: 4
Decree Defendant:
Decree Plaintiff:
Civil Case Number: 39576
Judicial District: FIFTH
Swan Falls Trust or Nontrust:
Swan Falls Dismissed:
IDLE Act Number:
Carey Act Number:
Mitigation Plan: False
Combined Use Limits:
Water Supply Bank:
Ir