20190805Application.pdf

Preston N. Carter (ISB No. 8462)
Charlie S. Baser (ISB No. 10884)
Givens Pursley LLP
601 W. Bannock St.
Boise, lD 83702
Telephone: [phone]
Facsimile: (208) 388-1 300
prestoncarter@ givenspursley.com
charl iebaser@ givenspursley. com
14761564_1.docx [3988-5]
Attorneys for Falls Water Co., Inc
IN THE MATTER OF THE
APPLICATION OF FALLS WATER
CO., INC. FOR APPROVAL OF
ACQUISITION OF THE ASSETS OF
THE WATER BUSINESS OF TAYLOR
MOUNTAIN WATER AND SEWER
DISTRICT
FALLS WATER,S APPLICATION FOR APPROVAL OF ACQUISITION - I
APPLICATION OF FALLS WATER
CO., INC. FOR APPROVAL OF
ACQUISITION OF THE ASSETS OF
THE WATER BUSINESS OF TAYLOR
MOUNTAIN WATER AND SEWER
DISTRICT; AMENDMENT OF FALLS
WATER CO., INC.',S CPCN QllO. 236);
AND REQUEST FOR MODIFIED
PROCEDURE
RECEIVED
r:019 AUG -5 pt{ 3: 3 t
ORIGINAL
,,n'l?,H)ct$#l8r,o*
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
Case No. F L5- U - lQ-o t
Falls Water Co., [nc. ("Falls Water") seeks the Idaho Public Utilities Commission's
("Commission") approval of Falls Water's acquisition of the assets of the water supply and
distribution systems (the "Water Business") of Taylor Mountain Water and Sewer District (the
"District"),1 in accordance with the Asset Purchase Agreement dated and effective as of June 28,
2019 (the "Agreement"). Falls Water also requests that its Certificate of Public Convenience and
Necessity ("CPCN"), No. 236, be amended to include the area served by the District's Water
Business, and that this Application be processed by modified procedure.
I In a separate component of the transaction not subject to the Commission's jurisdiction, an affiliate of Falls
Water, Gem State Infrastructure, LLC ("Gem State Infrastructure"), is acquiring the assets of the District's sewer
system (the "Wastewater Business"; collectively with the Water Business, the "Business"). This Application covers
only Falls Water's proposed acquisition of the Water Business assets.
Please serve all notices and communications with regard to this Application upon:
Preston N. Carter
Charlie S. Baser
Givens Pursley LLP
601 W. Bannock St.
Boise, lD 83702
Telephone: [phone]
Facsimile: (208) 388-l 300
prestoncarter@ givenspursley.com
charliebaser@ givenspursley. com
kendrah@ givenspursley. com
Eric W. Nelsen
Senior Regulatory Attorney
NW Natural
220 NW 2nd Ave.
Portland, Oregon 97209
Telephone: [phone]
[e-mail]
BlcxcnouND AND PRocpounll HrsroRy
Fails lAater and Nll/ Natural Water
1. Falls Water is a regulated public water utility providing water service to a portion
of Bonneville County east of the City of Idaho Falls and north of the City of Ammon. Falls
Water has been supplying water service since 1958 and currently serves approximately 5,500
customers under CPCN No. 236.
2. In February 2018, the Commission approved the acquisition of Falls Water by
NW Natural Water Company, LLC ('NW Natural Water"). See Order No. 34103 (July 10,
2018). An organizational chart is attached to the accompanying testimony of Justin Palfreyman,
the President of Falls Water, NW Natural Water of Idaho, LLC ("NW Natural Water of Idaho")
and NW Natural Water.2
3. Falls Water, and NW Natural Water of Idaho and NW Natural Water are members
of a family of companies held by Northwest Natural Holding Company ('NW Natural
Holdings"), which was created during a recent corporate reorgarization of Northwest Natural
2 Falls Water currently is a subsidiary of NW Natural Water. NW Natural Water intends to make Falls Water a
subsidiary of NW Natural Water of Idaho, which is itself a subsidiary of NW Natural Water. Falls Water is not
aware of any legal requirement for Commission approval of this reorgan'rzation, but requests Commission approval
if required. Qf, Application in Case No. FLS-W-18-01 (filed Feb. 21, 2018) (providing notice of corporate
reorganization).
Falls WarER's AppLrcATroN FoR AppRovAL oF AcqursrroN - 2
Gas Company and its affiliates. Northwest Natural Gas Company, now a direct subsidiary of
NW Natural Holdings, is a 160-year-old natural gas utility serving customers in the Pacific
Northwest.
4. NW Natural Water and its subsidiaries recently acquired regulated water utilities
in Idaho, Oregon, and Washington. The companies intend to identifu and acquire additional
water utilities as opportunities present themselves.
The District and its predecessor, Country Club Hills Utilities
5. The District is a special purpose water and sewer district under Chapter 32,Title
42 of the Idaho Code. The District was established on September 2,2014, by the District Court
for the Seventh Judicial District.3
6. The District currently serves approximately 158 residential customers and one
commercial customer in what is commonly known as the Idaho Falls Country Club in Bonneville
County, Idaho. The area currently served by the District is approximately ten miles from the
territory served by Falls Water. Palfreyman Testimony at 5.
7. Before the District was formed, water service was provided by a regulated public
utility, Country Club Hills Utilities,Inc. ("Country Club Hills Utilities"). The owner of Country
Club Hills Utilities experienced difficulties operating the utility. In March 2015, Country Club
Hills Utilities petitioned the Commission to relinquish its CPCN and to transfer its assets to the
newly formed District. See Case No. CCH-W-15-01, Order No. 33384 (Sept. 24,2015) at I
(describing background). In September 2015, the Commission approved the relinquishment and
cancellation of the CPCN and acknowledged the transfer of assets to the District. Order No.
33384 at 3.
3 The order establishing the District was recorded as Instrument No. 1487066 in the records of Bonneville County,
Idaho. It is attached as Attachment l.
FALLS WATEn's AppLICattoN FoR Appnoval oF AcQUISITIoN - 3
8. The District is run by an all-volunteer board of directors (the "Board"), and has
been since it was created in20l4. Palfreyman Testimony at 6. The District was intended to be a
short-term solution to the management of the Country Club Hills Utilities system. Its Board
members have volunteered significant time and effort to improve the Business, though they do
, not view their volunteer positions as a tenable long-term plan for continuing the District's
operations. 1d
9. In Fall 2018, NW Natural Water approached the District and began preliminary
discussions regarding the possible purchase of the District's Water Business assets. Id. at 7 . The
proximity of the District's Water Business to Falls Water's system made the assets of the
District's Water Business of interest to NW Natural Water. Id. at 6-7.
10. After discussions, NW Natural Water and the District executed a Non-Binding
Letter of Intent to Purchase the Assets of the District's Water and Wastewater Businesses
(effective on January 14,2019) outlining the basic terms for a potential purchase of the District's
Business assets, subject to necessary approvals from District patrons, the district court, and the
Commission. Id. at7.
The dissolution process
I l. As noted above, the District was created under, and operates under, Chapter 32,
Title 42 of the Idaho Code. The code does not require any specific procedure to dissolve the
District upon transfer of assets to a regulated utility. However, Idaho Code section 42-3212
provides the Board the authority to exercise the right to acquire and dispose of real and personal
property, and to exercise all rights and power necessary or incidental to specific authority
identified in the code. Idaho Code section 42-3239 provides a process to dissolve the District
upon transfer of its assets to a municipality.
FALLS WATER,S APPLICATION FOR APPROVAL OF ACQUISITION - 4
12. The procedures contained in Idaho Code section 42-3239 include a public
meeting, opportunity for a vote of the District's members, and a judicial dissolution proceeding.
The District decided to employ the procedures of section 42-3239 to dissolve the District.
Palfreyman Testimony at7-8. The procedures, and the District's implementation of them, are
further described in the Verified Petition for Dissolution of Taylor Mountain Water and Sewer
District and Approval of Transfer of Assets filed in the District Court of the Seventh Judicial
District on May 7,2019 ("Petition for Dissolution"), attached as Attachment2.
13. To summarize,the District held a public meeting in January 2019 to inform its
members about Falls Water's potential acquisition of the District's assets. During that meeting,
the District informed its members that it would hold an election on the potential acquisition if it
received a petition signed by at least 10% of the members of the District. A form petition was
provided at that meeting. The District did not receive a petition for such an election. See
Petition for Dissolution at 6-8.
14. On May 7,2019, the District filed the Petition for Dissolution, requesting that the
District Court issue an order dissolving the District and permitting the District to transfer its
assets to NW Natural Water, through its subsidiary Falls Water, pursuant to Idaho Code sections
42-3212 and 42-3239. Id.
15. In the meantime, Falls Water and the District continued to negotiate an
agreement.
16. The District held a second meeting on June 8,2019. During that meeting, the
District again discussed the potential acquisition by Falls Water. The District also provided
notice of the June26,2019 hearing date with the District Court on the Petition for Dissolution.
Palfreyman Testimony at 7 -8.
Falls WerpR's AIeLICATToN FoR AppRovAL or AcqutsnroN - 5
17. On June 26,2079, the District Court held a hearing to consider the Petition for
Dissolution. Representatives of the District and Falls Water attended. Id. at8. A copy of the
Agreement, at that time executed by Falls Water, was filed with the Court. During the hearing,
the parties described the proposed transaction and discussed the dissolution procedures with the
Court. Id.
18. On June 28,2019, Falls Water and the District entered into the Agreement, a true
and correct copy of which is attached to the Palfreyman Testimony. Under the Agreement as it
relates to this Application, Falls Water would purchase the assets of the District's Water
Business subject to a number of conditions. The Agreement is described in more detail in the
following section, "The Transaction."
19. On July 1,2019, the District Court issued an Order regarding the Petition for
Dissolution. The Order is attached as Attachment 3.
20. In the Order, the District Court concluded that 1) the District has the authority to
dissolve and transfer its assets; 2) the District appropriately elected to follow the procedures set
forth in Idaho Code section 42-3239;3) the District has fully complied with and satisfied the
conditions of Idaho Code section 42-3239; and 4) the District will be dissolved if the conditions
described in the Agreement are satisfied. It also determined that the District would continue
operating until the transaction is complete.
21. Now that the District Court has approved the dissolution of the District and the
transfer of its assets upon completion of the conditions in the Agreement, Falls Water
respectfully requests that the Commission approve its acquisition of the District's Water
Business assets.
FALLS WATEn's AppLtcRTroN FoR AppRovAL oF AceutstnoN - 6
Tun TntxsACTroN
22. As noted above, Falls Water and the District entered into the Agreement on June
28,2019. The Agreement and the actions it contemplates, to the extent related to this
Application, are referred to as the "Transaction." The Agreement is conditioned upon the
Commission's approval.a
23. If approved, under the Agreement Falls Water will acquire the assets of the
District's Water Business. Palfreyman Testimony at 7.
24. The District does not have any employees. If the Transaction is approved, Falls
Water employees will assume the roles previously undertaken by volunteer members of the
District's Board. Palfreyman Testimony at 5.
25. Tony Wise, the licensed water system operator for Falls Water, will serve as the
licensed water system operator for the assets of the District's Water Business. Mr. Wise holds
license number DWD3-21515 (Class 3), and his business address is 2180 N Deborah Drive,
Idaho Falls, ID 83401 . Id. at7.
26. The District is not regulated by the Commission and, as such, does not have
Commission-approved tariffs. The District collects rates and charges that were approved by the
Board. A schedule of the District's rates and other charges is attached to Mr. Palfreyman's
testimony in the form of clean and redlined versions of tariff sheets that are proposed to become
part of the Falls Water tariff.
a The Agreement was filed with the District Court in redacted form. At the time, it had only been signed by Falls
Water. The fully executed Agreement is attached to Mr. Palfreyman's testimony. The information that was
redacted when filed with the District Court is confidential. Accordingly, the pages of the Agreement that contain
information that was redacted in the filing with the District Court are filed with the Commission under separate
cover pursuant to Commission Rule of Procedure 57.
FALLS WATER,S APPLICATIoN FoR APPROVAL oF ACQUISITION - 7
27. Falls Water is not requesting any change to the District's or Falls Water's rates,
rate structure or other charges as a result of the Transaction. Palfreyman Testimony at 8. Any
future changes will be based on prudently incurred capital expenditures and other accepted
ratemaking principles. Id
28. If the Transaction is approved, Falls Water will work with Commission Staff to
update its tariffs to reflect its addition of the District's Water Business assets and the retention of
the existing rates, rate structure and other charges for current customers of the District and Falls
Water. Id.
29. Falls Water intends to work with Commission Staff before and during future rate
proceedings to consider consolidation ofrates, rate structure, and other charges as reasonable and
appropriate for current Falls Water and current District customers. Id. at8-9.
30. Falls Water submits that the Transaction is in the public interest. The customers
of the District currently are served by an all-volunteer Board. While the Board has done an
admirable job, they do not view their volunteer positions as providing a long-term, durable
solution to providing water service. Id. at 6.
31. Falls Water, NW Natural Water, and their affiliates have financial resources and
access to capital markets to sufficiently capitalize Falls Water so that it can provide safe and
reliable water utility service and proactively address the infrastructure needs of the Water
Business assets now owned by the District. Id. at 3-4.
32. Additionally, the system currently owned by the District will benefit from Falls
Water's, and its affiliates', core competencies in constructing and maintaining infrastructure,
providing exemplary customer service, and effectively managing regulated utilities. Id. at 4-5.
FALLS WATER's AppLrcATroN FoR Appnovel or AcqursrrroN - 8
33. Falls Water employees, who are based near the District's current location, have
the business experience and water system expertise to operate and maintain the assets of the
District's Water Business. Id. at 5.
34. Falls Water has not definitively identihed any specific capital expenditures/
improvements for the District's Water Business assets. Preliminarily, it has noted possible well
site improvements. If the Transaction is approved, Falls Water will begin the process of creating
a water master plan that will identify and prioritize needs of the District's Water Business assets.
Id. at9.
35. Falls Water submits that the Transaction will benefit customers currently served
by the District. As discussed above, Falls Water employees will take over functions previously
provided by the all-volunteer Board. The current volunteer Board has made significant inroads in
improving the Water Business and Falls Water will bring additional resources and experience to
bear for the District's customers. In addition, if the Transaction is approved, water service to
customers will be directly overseen by the Commission. Palfreyman Testimony at7.
AMSNoNTcNT To rHE CPCN
36. Falls Water's CPCN does not currently extend to the area served by the District.
Because the District is not a regulated utility, it does not have a CPCN. Palfreyman Testimony
at9.
37. Expansion of Falls Water's CPCN is necessary to provide service to current
customers of the District. As discussed above, Falls Water submits that the Transaction is in the
public interest. Amendment of Falls Water's CPCN, too, is in the public interest because it will
allow Falls Water to provide service to those customers.
Falr-s WerER's AppLrcATroN FoR AppRovAL oF AcqurstrtoN - 9
38. Accordingly, Falls Water requests that its CPCN be amended to include the area
currently served by the District. A map showing the proposed tenitory for the amended CPCN is
attached to Mr. Palfreyman's testimony.
AoolrIoNlL INFoRrvrATroN
39. Additional information that may facilitate the Commission's consideration of the
Transaction is identified below.
40. Transaction-related costs related to the acquisition have been incurred by NW
Natural Holdings, not by Falls Water, related to activities including due diligence, environmental
consultants, research, legal, travel and negotiations. The costs will not be passed to Falls Water
and will not be included in any rate case filings. Palfreyman Testimony at 8-9.
41. If the Transaction is approved, accounting, financial, and customer records will be
kept in the local office of Falls Water, 2180 N Deborah Drive, Idaho Falls, ID 83401. Falls
Water's local office also will be the location for former District customers to pay bills, make
requests, and otherwise correspond with Falls Water. Id. at 10.
42. Meters are currently read on a monthly basis from April through October, and
customers are currently billed on a monthly basis throughout the year. Falls Water intends to
maintain this schedule for the foreseeable future. Id.
43. Falls Water provides 24-hour response to repairs or water quality issues.
Customers can call the Falls Water office phone number, [phone], and the call will be
forwarded to an answering service after hours or whenever the line is not able to be answered
during office hours. .Id
44. The most recent sanitary survey from the Idaho Department of Environmental
Quality is attached as Attachment 4.
Falls WersR's AppLrcATloN roR AppnovAl oF AceutstrroN - 10
45. The District has provided notice to its customers of Falls Water's intent to
purchase the Water Business assets through the dissolution proceeding discussed above. Falls
Water also intends to publish a notice to customers in the local newspaper (as Attachment 5 to
this Application) regarding the Transaction and the Application, although no notice is required
because Falls Water is not proposing any changes to rates. Id. at l0; IDAPA 3 1 .01 .0 I . 125.
46. Volunteer Board members carry out the District's functions; the District has no
employees. As such, there are no employees of the District for Falls Water to retain. Palfreyman
Testimony at 6.
47. Falls Water has not identif,red any particular opportunities to add new customers
at this time. However, undeveloped lots currently exist within and around the area currently
served by the District. If a lot is developed, it provides a potential for new customers to the
system. Id at 10.
48. A District Water Business system map and information regarding components of
the system are attached to Mr. Palfreyman's testimony. Falls Water intends to obtain additional
information regarding the system through the water master planning process. Id. at9.
49. The District's Water Business system does include fire prevention. Richard
Fowler is the District Operations Officer of the Bonneville County Fire Protection District#1. Id.
at 10.
50. The Excel workbooks attached to Mr. Palfreyman's testimony provide
information regarding the Water Business system's capacity and water rights.
51. Well logs for the wells used by the District's Water Business system are attached
to Mr. Palfreyman's testimony.
FALLS WATER,S APPLICATION FOR APPROVAL OF ACQUISITION - I I
52. A list of the District's current rates and charges are attached to Mr. Palfreyman's
testimony as proposed tariffs. Because the District is not a regulated utility, the District arrived
upon the rates and charges through comparison with the rates and charges of other water
systems, not on a cost basis. Palfreyman Testimony at 9.
53. While the District's existing rates and charges were not determined on a cost
basis, they were appropriately adopted by the Board using the procedures in the Idaho Code.
Palfreyman Testimony at 8-9. The rates and charges are similar, though not identical, to those of
Falls Water and other small water utilities. Falls Water submits that it is appropriate to carry
forward the District's existing rates and charges, as to customers served by the District's Water
Business system, to preserve continuity until cost-based rates and charges can be developed and
adopted in a rate proceeding.
54. An Excel workbook attached to Mr. Palfreyman's testimony contains billing and
usage data.
Moorrrno PRocnounr
55. Falls Water believes a hearing is not necessary to consider the issues presented in
this Application and respectfully requests that it be processed by modihed procedure, using
written submissions rather than a hearing, under the Commission's Rules of Procedure 201
through 210.
Coxclusrox
Falls Water respectfully requests that the Commission enter an order:
1. Authorizing this matter to be processed by modified procedure.
2. Approving the Transaction, finding: that it is consistent with the public interest,
that the cost and rates for supplying service will not be increased by reason of the Transaction,
FALLS WATER,S APPLICATIoN TOn AppnOVAL OF ACQUISITION - I2
and that Falls Water has the bona fide intent and financial ability to operate and maintain the
District's Water Business assets in the public service.
3. Granting such other relief as the Commission deems just and reasonable.
DATED: August 5,2019.
GIVENS PURSLEY LLP
Preston N. Carter
Charlie S. Baser
Givens Pursley LLP
Attorneys for Falls l(ater Company
FALLS WATER'S APPLICATION FOR APPROVAL OF ACQUISITION - I3
ATTACHMENT 1
FALLS WATER CO., INC.
Order Establishing Taylor Mountain Water
and Sewer District
(6 PAGES)
it,[. r\ntlrorry Slsser (lSR #6071 )
S;\SS Ell [,A \\i OITFICLI
I l0 S, 8rl' .Aveuue
Pocirtelio. lrlaho 8i20 I
''l''elepliorrc: (208) 90,1-27 27
I;acsinrile: t-866-559-7606
ln lbc l\4atter o1'the Pll't'l'ilON FOR
OtICiANIZA'|IONI OF TIIJr TAYLOl1
N4OI.lN'l'.,\lN \\rr\TER AND S E\\/ HII
DIS'IRIC:T
20lq stP -2 Al'110' t0
l)
TTit
B0'I{
lnstrument # 1487066
IDAHO FALLS, BONNEVILLE, IDAHO
12-11-2014 10:39:33 AM No. of Pages: 6
Recorded for : J FREIBERG ENGINEERING
RONALD LONGMORE Fee: 25.00
Ex-Officio Recorder
lndex to: OROER
Ca.se No. CV l1-3-129
OITD]'II ESI'A I] LISI.II N G TA Y I_, O ]t
h'IOUN'tz\ I N \\/r\.'i'lil'L ANl) S ll\\/liR
DISTITICT
l.iTR lcl
J \J DlC IA
t.lE V lt-Lt U
L1
o
c
L
U rI
{.,5
;r,,rr,',,r'.1,.fitr Palilitntat' (lorrrrlry Clrrb l'lills Litilitics, [nc
IN "TI]E DIST IIIC'I' CO URT OII TI{]i SNVIIN'|II J UDICIAL I)IS]'I].I C-I' OI'
"lLUr S'I'A'Tli, OF IDAI{O, IN AND I?Oil'l-T-Ili COIINI'Y OF I}ONN]]\/ILLE
't'FllS CAIJSE conres bclille thc Court i]ursuant to Idalro (.lo(lc S42-i207.
['crllcrrvirrll arr cloction lrc:lriin itccoL(liurce I'itlt t[re CI'tlet'./ot'l:.lecliott. entele(l on.]irly 9.
201-[. in the aLror,c-cntitiecl n]altel'.
Arr clectiorr.lru,iug beert concluctccl anclhelcl rvitlrin [Jonnevillc, Courrt1,. lclaho
irrrrl the C'ourt haviug heretotirr:c leceitecl tlre certillcution t'rl'the retur:rrs cl{'t}rc clecticlu ttr.
the lJtlrrucvilie C'ourttl' C'itnvi'rssers o['l]lt:clion, i-I cop\/ cll'u,hich is alt.achc'cl hc'rcrto.
rrritrli.erl as l.ixlritrit r\. aLtcl tttaclc ir llttt't ltcleot'[r1'tlris rck't'ence. ancl it apllcrrrirtg tlrcl'r:l'r'onr
(hlt lr rrra.ior';11r ol'tlre r.ct(es cast ilt siritl clcctiou ilt't itt 1iv1'qrt t)l:tlt,;: r:rtauizttliotr ol'' lhe
'l'avltrr i\,[oirnttrirr \\ratcl uncl Scu'er District at:tl rlesirlnutirtg tltosc pcr:son:,^ tlrcrch), eleutcrl
Attachment 1 to ApPlication
Falls Water Co., lnc.
Page 1 of6
io selvc as the Iloaxl of Directors of the District rnd all nrattels lraving beeu corrsiclerecl
trr tlre Coru'l. anrl gooil cause appet]Ling therelbr';
11' lS I-IEIIEBY ORDIIRI-iD. i\D.lLII)GLD i\ND DllCRllliD. as follorvs:
1. It is rleclarecl ztnd ltcrcb)r olcler:ecl that the Ta1'tol l\4ountain Watel arrcl
Server DistLict is herebr,estalrlished in accorclance rvi[h alrplicai:tc Iau,. specilic:ally
irrclrrclinglclahoCodes\42-301 et.\eq.ancl dreuanreoltlreDistrictshalt bethe'laylor
N4r:r.rrrtnin Watcr artcl Scu'er District:
?. 'fhe Boarcl rrl Dilcctors o['the Distlict shall bc as tbl]ou's:
,,\rtltrr J etfley Anrstrong
l1ancl1, l(errr
.Tarr Grinrutelt
l-,1,nn E, iticlaucleL
,l R. l fnl'sg
I year ternr
3 year tenn
3 l,eal ter:nr
5 year tcnrr
5 1'car tct ttt
l. The Distt'ict.slrail incirrcle thc arca descliired nrore particularly irr the
Pctitirttr /ot'tlte ()t'goniztlion o.f'tlrc .l'il.1'l()v A,Iotutlttitt l;f\rtu'ruu/Sey'er 1)xtlic:/, as
corrtairrecl irt l.:xl:ibit A. Such DistLict is cleclaretl tlrrlt,orsanizetlt.itlr such rranrc rrrrl
slrall lrc declarerl to [:c'a got,eLuutt:r'ttal subclii,isjon ol'the statcof Iclaho ancl a bocly
cotl)orilte u,ittr irll tlrc porvcrs of a public cluasi-nruniciptrl colporntiou.
S0 ORDERITD.
Dz\Tlll) tlus Q tl of errrtlcr. 20 l.i
i(;\lll.ti \\;A-l't( tNs .ll{
l'luct't'.lL"iDCliI)
()l{l)t.l(t:..\'l'.\lll.lslllr-(. l'.\\'t..()lt\lr)l:N'l',\l\\\'.\ll:.1(.\r*1.)sl,.\\'1.:,.,rtt1ifiHfr:t6ljll3ll:il:"
Page 2 of 6
CLEII.I('S CEiII]IIIIC..\TD OIi' S DIIYICE,
I helebl,ceitil),tha1on this/LLrla1,61'septemtrer'.2014,I causecl tr) Lre sen,ccl a
trLrc lurcl cr)r'rccl cop1, of thc ltrrcgcring Lr1, the ntethorl inrticarctl bclorr', irncl aclrlresscd lt'l
lhe fbllou,irrg:
N4. Arrtlrorr;, Silsser
SASSl:lL l.A\\i OfFlCE
I I (l 5^. litl' r\r,enrre
l'ocatello, Idaho 8320 t
'l'clcphonc: (?08) 904-2727
Facsir:rile: I -866-559-7606
l-'l rr a i I : s a s s e rl art'o l'li cc (g) g rt r a i l. c o nr
a,tr
fT
tJ.S. It4ait
I-[ancl Deliveled
Olcrnight It4ail
Telecopy (Fax)
C]OLII{'i C]LIIU(
Attachment 1 to APP|ication
()l(i)t'.1( {:..\ L\l}t-1.\; lllN(; t',\\'l,OIl r\l()tl\l \l\ \\r.\'l'l:lt.'\Nl) Sl.\\'l:ll l)l\lltlFdilSWaterCO., lnc.
Page 3 of 6
s1,
NN
a
FaF
Faoz
Fo
]se3 slolleB lo laqunN N(o
sjalo^ palalstoad- Jo JaquJnN lelol (o.d-c!
slue.rlsr6aU Ieg uoqca13 lequJnN C)
]B sralo1 paralsr6ag lo taqrunN lelot oON
13Nl33Ud N\r
pa' eql $alo1 pa:a1sr6ag 1o 07"
-<stc!
F*C!
N@
(o
N
o
@oN
J
FoF
oo
at
F
tuuo
ILoou
om
6
6@
CD
co(r)
O(o
6U)
F.-(r)
6(o
Ns
dEo:>-oaF
GEots>-o6F
o=>-o
GEoi>-o
6EOu_>-oL
o-
Faz.
=C)
u-ot"
TL
z.
rSNtSlud
S]AVH'U'I
UloNVl3t!'3 NNAI
1i,:!I[^IUC'3 NVt
NU]Y 'I AANVU
CNOUISI^IUV ]U JISf UN H1UV
V.
LLI3ulU)
Clz
x.ulF-s5.
Z
F.z);oc.sO'- ut(Nv,zil<ir t)
F:(uJol: tll
-'F @
6l -i ),
El$ iqle hol o
@
$
oo)(./)
o(o
o
Noa
oo
c!
ooa
@o
(E
o)a
No
6(o
J
F
F
oo
otro
LLIJtuF()tFaot
tUsrBiur=aa?pe
. 0av
L-ol- F- c.tz-<f,><o
3=a
UJ S 3.,J> aJ-<>o[!=zM
o:c0>
F
t.rJ
:EF
LLozotr
=c.oLL
Attachment 1 to Application
Falls Water Co., lnc.
Page 4 of 6
STATE OF IDAHO
COUNTY OF BONNEVILLE }SS
We, the commissioners of the county and state aforesaid, acting as
a Board of Canvassers of Election, convened on August 28,2014,
do hereby state that the attached is a true and complete abstract of
all votes cast within this county for ttre candidates and/or tssue as it
appeared at the election held on August 26,2014, as shown by the
records now on file in the County Clerk's office.
County Board of Canva
Attest
County Clerk
( c ou n tv s ea I )
-\-'t'i-tiii
ii i'pi,;"
=_*.--i!oi'oosrurvttro;'.4.\*==<:@0{d : -Z- -:
=ts1 cour.rrv '#S,rr!
Atta ch ment f+P,,aW|41;d""..'.f.-"
Fal ls Wate'//@rJ rlnd)t".
Page 5 of 6
li-3 l, Approvecl Secretarl, of Statc, lantrar)' 201 I
STATE OF IDAHO
COUNTY OF BONNEVILLE }SS
l, RONALD LONGIUORE, County Clerk of said county and state, do
irereby certify that the attached is a full, true and cornplete copy of
tlre abstract of votes for the candidates and issue therein named as
they appeared on the election ballot on August 26, 2014 for the
Forrnation of the Taylor Mountain Water and Sewer District Election
as shown by the record of the Board of Canvassers filed in my
office this 28th day of August, 2.014.
COUI'ITY(County
County
+'..+
ult
Attachment 1 to APPlication
Falls Water Co., lnc.
Page 6 of 6
l1-30, Applovcd Sccretarl, oi State, .lanLrary 201 I
BOI'INEVILLE
ATTACHMENT 2
FALLS WATER CO., INC.
Verified Petition for Dissolution of Taylor Mountain
Water and sewer District and Approval of Transfer of
Assets
(16 PAGES)
Watkins, Dane H., Jr
IN THE MATTER OF THE DISSOLUTION
OF TAYLOR MOUNTAIN WATER AND
SEWER DISTRICT AND APPROVAL OF
TRANSFER OF ASSETS
Electronically Fiied
5t712019 3:46 PM
Seventh Judicial District, Bonneville County
Penny Manning, Clerk of the Court
By: Melissa Huston, Deputy Clerk
Robert L. Harris, Esq. (ISB #7018)
rharris @ holdenlegal. com
HOLDEN, KIDWELL, HAHN & CRAPO, P.L.L.C.
1000 Riverwalk Dr., Ste. 200
P.O. Box 50130
ldaho Falls, tdaho 83405
Telephone: [phone]
Facsimile: [phone]
Attorneys.for Taylor Mountain Water and Sewer District
IN THE DTSTRICT COURT OF THE SEVENTH JUDICIAL DTSTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNEVILLE
cv10-19-2910
Case No.9
VERIFIED PETITION FOR
DISSOLUTION OF TAYLOR
MOUNTAIN WATER AND SEWER
DISTRICT AND APPROVAL OF
TRANSFER OF ASSETS
Filing Fee: $221.00
Category: A.A
Taylor Mountain Water and Sewer District ("Distric!" or "TMWSD"), by and through its
counsel, Holden, Kidwell, Hahn & Crapo, P.L.L.C., hereby petitions this court for an order
dissolving the District pursuant to ldaho Code $$ 42-3212 and 42-3239.
STATEMENT OF JURISDICTION AND VENUE
l. This is an action concerning and requesting dissolution of the District and transfer of the
District's assets pursuant to Chapter 32 of Title 42 of the [daho Code.
2. The District exists and operates entirely within Bonneville County, Idaho.
VERIFIED PETITION FOR DISSOLUTION OF TAYLOR MOUNTAIN WATER AND SEWER DISTRICT AND
APPROVAL OF TRANSFER OF ASSETS-Page I
Attachment 2 to Application
Falls Water Co., lnc.
Page 1 of 16
3.
4.
5.
This is an in rem proceeding pursuant to ldaho Code $ 7-1305.
Venue is proper pursuant to Idaho Code $ 5-401 .
Jurisdiction is proper pursuant to Idaho Code $$ l-705 and 7-1305.
FACTUAL BACKGROUND
The District is a duly organized water and sewer district existing by virtue of Chapter 32 of
Title 42 of the Idaho Code. The Order Establishing Taylor Mountain Water and Sewer
District was issued on September2,20l4 and recorded as lnstrument No. 1487066 in the
records of Bonneville County, Idaho.
The District was formed upon the petition of a private utility, Country Club Hills Utilities,
Inc. ("CCHU"), after CCHU's owner determined that he no longer wanted to operate the
utility and be responsible for its associated expenses and operational challenges.
CCHU historically serviced the following properties surrounding or near the ldaho Falls
Country Club:
Holiday Hills Subdivision, Division No. I
Holiday Hills Subdivision, Division No. 2
Holiday Hills Subdivision, Division No. 5
Holiday Hills, an ldaho Condominium Project
Country Club Hills, Division No. I
Country Club Hills, First Amended Division No. 2
Country Club Hills, Division No. 3
Idaho Falls Country Club (domestic water only)
I home located at 1759 E. I l3 S., Idaho Falls, ID 83404
(home owned by Ron Dickemore)
I home locared at11645 S. loth 8., Idaho Falls, ID 83402
(home is owned by Robyn Longhurst)
The District assumed ownership of CCHU's assets (except for the sewage lagoons
described in the following paragraph) and the District was assigned CCHU's obligations
VERIFIED PETITION FOR DISSOLUTION OF TAYLOR MOUNTAIN WATER AND SEWER DISTRICT AND
APPROVAL OF TRANSFER OF ASSETS-Page 2
Attachment 2 to Application
Falls Water Co., lnc.
Page 2 of 16
6
7
8
9
l0
I l.
12.
13.
l4
under a certain Compliance Agreement Schedule ldaho Code $ 39-l 16A dated January 17,
2012 (hereinafter, "Compliance Asreement") with IDEQ to address needed infrastructure
improvements to CCHU's sewer system.
CCHU historically treated its sewage in open-air sewage lagoons that IDEQ determined no
longer satisfied IDEQ standards. Generally speaking, the Compliance Agreement called
for CCHU to (l) abandon the sewage lagoons and remediate the property; and (2) for
CCHU to construct a new sewer connector line for sewage to be collected and treated by
the Eastern ldaho Regional Wastewater Authority ("EIRWWA") wastewater treatment
plant in Shelley, Idaho.
The District took over ownership and operation of CCHU's water and sewer system on
March 2,2015.
In conjunction with the Compliance Agreement, the District also assumed CCHU's
obligations associated with a low-interest (1.25o/o) loan from IDEQ-under its State
Revolving Fund Program-in the amount of $1,700,000.00 (hereinafter, the "Loan")
primarily to (l) construct a new sewer connector line for sewage to be connected and
treated by the EIRWWA facility, and (2) to demolish CCHU's previously utilized sewage
lagoons and remediate the property to IDEQ standards.
The District petitioned the district court for a judicial confirmation of the District's ability
to incur the debt associated with the Loan. This court provided such confirmation by
order in Bonneville County Case No. CV-15-2374, by and through District Judge Alan C.
Stephens, on August 12,2015.
The sewer connecter line has been installed and is operational.
VERIFIED PETITION FOR DISSOLUTION OF TAYLOR MOUNTAIN WATER AND SEWER DISTRICT AND
APPROVAL OF TRANSFER OF ASSETS-Page 3
Attachment 2 to Application
Falls Water Co., lnc.
Page 3 of 16
15. The sewage lagoons have been demolished and the property upon which they were located
have been remediated to the satisfaction of IDEQ.
16. In addition to the sewer line connector installation, the District-under the leadership of a
volunteer District board of directors-made other system improvements resulting in a
vastly improved water and sewer system.
17. Additionally, the District's volunteer board of directors made operational improvements
resulting in improved measurement of water use (through non-functioning meter
replacements), improved billing procedures, etc. The board members have volunteered
significant time and effort to make these improvements. Board members do not view their
volunteer positions as a tenable long-term plan for continuing the District's operations.
18. In the fall of 2018, NW Natural Water Company, LLC ("NW Natural Water"), a
wholly-owned subsidiary of Northwest Natural Holding Company Natural
Holdines") approached the District and began preliminary discussions concerning the
possible purchase of the District's water and sewer system.
19. NW Natural Water recently purchased Falls Water Company, which describes itself as an
Idaho corporation operating as a regulated public water utility providing municipal water
service to a portion of Bonneville County east of Idaho Falls and north of Ammon. Falls
Water Company has been supplying water service since 1958 and currently serves
approximately 5,500 customers.
20. The proximity of the District's water and sewer system to Falls Water Company's water
system made the District's system of interest to NW Natural Water.
VERIFIED PETITION FOR DISSOLUTION OF TAYLOR MOT'NTAIN WATER AND SEWER DISTRICT AND
APPROVAL OF TRANSFER OF ASSETS-Page 4
Attachment 2 to Application
Falls Water Co., lnc.
Page 4 of 16
21.
22.
After discussions, NW Natural Water and the District executed a Non-Binding Letter of
Intent to Purchase the Assets o.f Taylor Mountain Water & Sewer District's Water and
Wastewater Businesses (effective on January 14, 2}lg) outlining the basG terms for a
potential purchase of the District's water and sewer systems, subject to necessary
approvals from District patrons, the district court, and/or other entities.
Idaho Code S 42-3212 sets forth the general powers of the board of directors of a water and
sewer district. Specifically, subsection (f) and (n) of Idaho Code 5 42-3212 provide:
(f) To acquire, dispose of and encumber real and personal property,
water, water rights, water and sewage systems and plants, and any
interest therein, including leases and easements within or without said
district;
(n) To have and exercise all rights and powers necessary or incidental to
or implied from the specific powers granted herein. Such specific powers
shall not be considered as a limitation upon any power necessary or
appropriate to carry out the purposes and intent of this chapter.
23. Accordingly, the District has authority under Idaho Code 5 42-3212 to transfer all the
assets of the District and dissolve the District.
24. Idaho Code 5 42-3239 describes the requirements and procedure for dissolving a water and
sewer district where the transfer of assets is to a municipality. Although this proposed
sale is not to a municipality, and therefore would not require any specific procedure, the
District has elected to follow the procedure and requirements outlined in Idaho Code $
42-3239 to ensure that members have had adequate input. In addition, these procedures
mirror the procedures by which the District was formed, and therefore seem appropriate for
dissolution under these circumstances.
VERIFIED PETITION FOR DISSOLUTION OF TAYLOR MOLTNTAIN WATER AND SEWER DISTRICT AND
APPROVAL OF TRANSFER OF ASSETS-Page 5
Attachment 2 to Application
Falls Water Co., lnc.
Page 5 of 16
26
27
25
28.
29.
Because Falls Water Company and NW Natural Water Company (as applicable) are
regulated water utilities, the ldaho Public Utilities Commission must approve acquisition
of the District's water system assets. The Commission will retain ongoing jurisdiction to
regulate rates, to ensure adequate service, and to otherwise regulate the company's water
system as a public utility.
COUNT 1
JUDICIAL CONFIRNIATION OF DISSOLUTION AND TRANSFER OF ASSETS
The District realleges the allegations of paragraphs I through 25 ofthis Verified Petition as
though the same were here set in full.
Idaho Code $ 42-3239(2) requires the District board to hold a hearing to receive public
testimony on the proposed transfer of assets prior to passing a resolution finding that the
conditions of ldaho Code $ 42-3239(l) exist. Notice of the public hearing is required to
be provided two weeks prior to the hearing with publication in the newspaper with a
description of the method for a petition for an election.
The District scheduled the required public hearing on January 31,2019 at 6:30 p.m. at the
Idaho Falls Country Club Clubhouse. Notice of the public meeting was provided two
weeks prior to the public hearing with a superior form of notice accomplished with direct
mailing to District patrons in lieu of publication. A copy of the public meeting notice is
attached hereto at Exhibit 1. The agenda of the public hearing is attached at Exhibit 2.
Counsel for the District explained to the District patrons present at the public hearing the
process outlined in Idaho Code $ 42-3239, including the right to petition for an election
under that statute.
VERIFIED PETITION FOR DISSOLUTION OF TAYLOR MOU{TAIN WATER AND SEWER DISTRICT AND
APPROVAL OF TRANSFER OF ASSETS-Page 6
Attachment 2 to Application
Falls Water Co., lnc.
Page 6 of 16
30
31.
35.
)Z
Questions and answers were exchanged and public testimony was taken at the public
hearing concerning the transfer of assets to NW Natural Water and dissolution of the
District.
Consistent with ldaho Code $ 42-3239(3), the District board considered whether to (l)
hold an election at the Board's own initiative on the proposed transfer of assets; or (2) to
take the matter under advisement for thirty (30) days after the public hearing to allow the
District's electors to obtain enough elector signatures (at least lUYo of the electors) to
petition for an election on the transfer of assets and dissolution of the District. The
District board elected the second option as described in the Resolution of the Board of
Directors of the Taylor Mountain W'ater and Sewer District attached hereto as Exhibit 3.
The board provided form petitions in the form attached as Exhibit 4 to the District patrons
at the public hearing.
No petitions were received by the District's counsel or any other board member on or
before the expiration of the thirty-day period (March 4,2019).
Because no election concerning the transfer of assets was required, as of the date of this
Verified Petition, the District's board is currently negotiating a purchase and sale
agreement with NW Natural Water. A copy of the final purchase and sale agreement-in
addition to any other necessary documents, including detailed provisions for the
disbursement of funds from the sale of the District's assets to the District patrons-will be
provided to the district court prior to the hearing on the Verified Petition.
In addition to finalization of the purchase and sale agreement, the District will undenake
actions to ensure that the conditions of ldaho Code $ 42-3239(l) are met by the date of the
JJ
34
VERIFIED PETITION FOR DISSOLUTION OF TAYLOR MOUNTAIN WATER AND SEWER DISTzuCT AND
APPROVAL OF TRANSFER OF ASSETS-Page 7
Attachment 2 to Application
Falls Water Co., lnc.
Page 7 of '16
36
37.
hearing on the Verified Petition in order forthe Districtto adopta resolution (l) finding
that the provision of that subsection exist, and (2) approving the transfer.
Upon the adoption of such resolution, a certified copy of the District's resolution will be
submitted to the district court as required by ldaho Code $ 42-3239(4). The Idaho Public
Utilities Commission must approve the transfer of the District's assets. The District
anticipates that the purchase and sale agreement will be contingent upon Commission
approval. The District anticipates that the transaction will close as soon as possible after
Commission approval. However, that date cannot be known at this time.
To facilitate an orderly resolution of the various aspects of the transaction, the District
respectfully requests that, after a hearing as discussed above, the Court issue an order that
dissolves the District upon closing of the transaction. The District will provide a proposed
order, and a status report updating the Court, upon closing of the transaction.
2
3
RELIEF REOUESTED
WHEREFORE, the District prays an order and judgment from the Court as follows:
That the court issue an order dissolving the Taylor Mountain Water and Sewer District
upon closing of the transaction;
That the court approve the transfer of the District's assets to NW Natural Water with an
effective date as ofthe date the transaction closes;
That as part of the order described herein, that the district court require the District to (l)
record a copy of the district court's order with the Bonneville County assessor, and (2) file
VERIFIED PETITION FOR DISSOLUTION OF TAYLOR MOLNTAIN WATER AND SEWER DISTzuCT AND
APPROVAL OF TRANSFER OF ASSETS-Page 8
Attachment 2 to Application
Falls Water Co., lnc.
Page 8 of '16
l.
4.
a copy of the district court's order with the Idaho State Tax Commission, both within thirty
(30) days following July l, 2019 as required by Idaho Code $ 42-3239(4).
For such other and further relief as the Court deems just and appropriate.
Dated this 7th day of May,2Ol9
&h+t4 L 4.--^2
Robert L. Harris
HOLDEN, KIDWELL, HAHN & CRAPO, P.L.L.C.
VERIFIED PETITION FOR DISSOLUTION OF TAYLOR MOUNTAIN WATER AND SEWER DISTRICT AND
APPROVAL OF TRANSFER OF ASSETS-Page 9
Attachment 2 to Application
Falls Water Co., lnc.
Page 9 of 16
VERIFTCATION
STATE OF IDAHO
County of Bonneville
)
)ss.
)
RANDY KERN, being first duly sworn, deposes and says: That he is the chairman of the
board of the Taylor Mountain Water and Sewer District, the petitioner in the above-entitled action;
that he has read the above and foregoing petition, knows the contents thereof and that he believes
the facts therein stated to be true.
Kem
.f t+
SUBSCRIBED and sworn to before me this 7- day of May,2019
'd"-L-. ei-.,-"f"*---
Notary Public for Idaho
Residing at:
Commission ExpiresM.,ao
G:\\YPDATA\RLIIl8084-000 TAYLOR MOUNTAIN WATER\PETITION DISSOLUTION 5,7.2019.DOCX
VEzuFIED PETITION FOR DISSOLUTION OF TAYLOR MOUNTAIN WATER AND SEWER DISTRICT AND
APPROVAL OF TRANSFER OF ASSETS-Page l0
Attachment 2 to Application
Falls Water Co., lnc.
Page 10 of 16
EXHIBIT 1
Public Meeting Notice
Taylor Mountain Water and Sewer District
Location: ldaho Falls Country Club
Date and Time: January 3L,20L9 at 6:30 pm
Please find attached the agenda for a Public Meeting for Taylor Mountain Water and Sewer
District (TMWSD).
lmportant
The Board of Directors for TMWSD have signed a "Non-Binding Letter of lntent" to sell
the assets of TMWSD to NW Natural. lf you would like more information on NW Natural, please
go to their webpage at www.nwnatural.com,
NW Natural representatives will attend the meeting on January 3L,2AL9
ldaho State Law requires certain procedures to be followed when dissolving a water and
sewer district. These procedures will be discussed in the Public Meeting on January 3L,2OL9.
Your TMWSD Board is excited about this opportunity for your district. Your Board looks
forward to sharing this exciting information with all customers on January 3L,20L9.
Public Meeting Notice
Taylor Mountain Water and Sewer District
Location: ldaho Falls Country Club
Date and Time: January 3t,2OL9 at 6:30 pm
Please find attached the agend a for a Public Meeting for Taylor Mountain Water and Sewer
District (TMWSD).
lmportant
The Board of Directors for TMWSD have signed a "Non-Binding Letter of lntent" to sell
the assets of TMWSDto NW Natural. lf you would like more information on NW Natural, please
go to their webpage at www.nwnatural.com.
NW Natural representatives will attend the meeting on January 3\,2019
ldaho State Law requires certain procedures to be followed when dissolving a water and
sewer district. These procedures will be discussed in the Public Meeting on January 3L,2OL9.
Your TMWSD Board is excited about this opportunity for your district. Your Board looks
forward to sharing this exciting information with all customers on January 3L, 2AL9,
Attachment 2 to Application
Falls Water Co., lnc.
Page11of16
EXHIBIT 2
TMWSD
Proposed Agenda
January 31,2OL9
Location: ldaho Falls Country Club at 5:30 pm
L. Call Meeting to Order
a. Approve Minutes fromT/28/18
2. TMWSD Audit
a.Fiscal year ending 9/30h8
3. NW Natural Letter of lntent
a. lntroduction of NW Natural
b. Offer discussion
4. Dissolving of TMWSD
a. Official Process
i. Board Decision vs, District Vote
ii. 30 day Petition Requirement
5. EIRWWA Connector Agreement
6. Election lnformation
7. Questions/Other Business
8. Adjourn
Action Required
Action Required
Action Required
Action Required
Attachment 2 to Application
Falls Water Co., lnc.
Page 12 of 16
EXHIBIT 3
R-ESOLUTION OF THE BOARD OF DTRtrCTORS
OF THE
TAYLOR MOUNTAIN WATER AND SEWBR DISTRICT
Dated as of January 3 I, 2019
Thc undersigned, being all the members of the board of directors (the "Board") of
TAYLOR MOLINTAIN WATER AND SEWER DISTRICT, an ldaho water and sewer district
organized pursuant to Chapter 32 of Title 42 of the ldaho Code (the "District"), hereby adopt the
following resolution where such resolution has been adopted at a duly convened meeting of the
public and Board on the date hereoi and direct that this written resolution be filed with the minutes
of the proceedings of the Board.
ON THE MATTER OF THE PROPOSED TRANSFER OF ASSETS TO
NW NATURAL WATER COMPANY. LLC
WHEREAS, because the Board is in favor of transferring the assets of the District and
dissolving the District, the District signed a non-binding letter of intent with NW Natural Water
Company, LLC (a wholly-owned subsidiary of Northwest Natural Holding Company) (hereinafter
"NW Natural") dated January 14,2019, for NW Natural to purchase the assets of the District's
water and wastewater businesses: and
WHEREAS, pursuant to and/or based upon the provisions of Idaho Code $ 42-3239, the
District held a public hearing on Jauuary 31,2019, beginning at 6:30 p.m., to receive public
testimony on the proposed transfer of assets to NW Natural; and
WHEREAS, Idaho Code $ 42-3239(3) provides that after the public hearing, "the district
board may submit the proposed transfer to the qualified electors of the district, or shall take the
matter under advisement for a period of thirty (30) days after the hearing" where such thirty (30)
day time period allows an election to be held "if, prior to the expiration of the thirty (30) day
period, a petition signed by not less than ten percent OA%) of the qualified electors of the district
is submitted requesting an election on the proposed transf-er;" and
WHEREAS, the qualified electors of the District were informed at the public meeting that
they had a right to petition for an election and were provided a ftirm Petitionfor Election document
prepared by the District to collect signatures from those qualified electors who desire an election;
and
WHEREAS, after receiving public comments, the Board has decided to take the matter
under advisement for a period of thirty (30) days after the hearing to allow enough time for the
qualified electors to petition for an election as described herein rather than, at the Board's own
initiative, submitting the proposed transfer to a vote of the qualified electors; and
WHEREAS, if at the end of the thirty (30) day time period no petition has been submitted
r,vith the required number of signatures, the Board will thereafter proceed to negotiate a purchase
agreement and adopt a resolution approving the transfer.
Attachment 2 to Application
Falls Water Co., Inc.
Page 13 of 16
1
NOW, THEREFORE, BE IT:
RESOLVED, while the Board is in f'avor of transfen'ing the assets ol'the District and
dissolving the District, the Board has taken the mafter of transferring the assets of the District to
NW Natural and dissolving the District under advisernent tbr a period of thirty (30) days after the
public hearing to allow enough time for the qualified electors to petition fbr an election as
described herein rather than, at the Board's own initiative, submitting the proposed transfer to a
vote of the qualified electors; and be it furlher
RESOLVED, in the event the District receives a petition with the required number of
signatures for an election, the Board will proceed to hold such electionl and be it further
RESOLVED, that in the event the District does not receive a petition with the required
number of signatures for an election, the Board will proceed to negotiate a purchase agreement
agreed to between the District and NW Natural and adopt a resolution finding that the necessary
conditions existing under ldaho law to approve the transfer: and be it further
RESOLVED, that this written consent may be delivered via facsimile, e-mail or other
electronic means. r.vhich. when so executed and delivered, shall be deerned an original.
fSignatnre Page FollowsJ
ii-alv\data\\VPDATA\RIH\ I 8084-000 Taylor lvlountain Water\Board Rcsolution.docx
Attachment 2 to Application
Falls Water Co., lnc.
Page 14 of 16
)
IN WITNESS Wf IEREOF, the undersigned have executed this resolution as of the date
first written above.
BOARD
Randy Kem
'41 ld'-'*;Je#Aimstrong d
J.R.
MW
Thompson
Attachment 2 to Application
Falls Water Co., lnc.
Page 15 of 16
ce 9P(I':*.o roo_o(oo-(J -(rorogq')
:;'CO(D:C(Etsuo(E
q)
EtrAO)
EEoi.ozF
anthq)
q)L
a!a
A)
C!z
6)
L
z cn ca <f,tr)\o t'-oo o'N aa
E l;E l *:sS
isei iirii
Eii€$$i:s
riig SEIilg
iiiiiiiiiF
isli stitst";2iz i*:ts n5;;+ s i
*IiEtiiisr
=i?l i:ii sS
; iE? ss {irx
iEE; S*iiis
iisi siIiIs
Eiig,i*giil
sF
coIx
TU
Z
FQriJf-l
z
F
F
ATTACHMENT 3
FALLS WATER CO., INC.
Order Regarding the Petition for Dissolution
(4 PAGES)
Filed 07 l0 1 l2O 19 I 2:53:56
Seventh Judicial District, Bonneville County
Penny Manning, Clerk of the Court
By: Deputy Clerk -Vvhitmill, CassieRobert L. Harris, Esq. (lSB #7018)
rharri s(4ho ldenl e gal. com
HOLDEN, KIDWELL, HAHN & CRAPO, P.L.L.C.
1000 Riverwalk Dr., Ste. 200
P.O. Box 50130
Idaho Falls, Idaho 83405
Telephone: [phone]
Facsimile: [phone]
Attorneys for Taylor Mountain ll'ater and Sewer District
TN THE DISTRICT COURT OF THE SEVENTH JUDICIAL DTSTRICT OF THE
STATE OF IDAHO, tN AND FOR THE COUNTY OF BONNEVILLE
Case No. CVl0-19-2910
IN THE MATTER OF THE DTSSOLUTION
OF TAYLOR MOLTNTATN WATER AND
SEWER DISTRICT AND APPROVAL OF
TRANSFER OF ASSETS
ORDER
On May 7,2019, Taylor Mountain Water and Sewer District (the "District") filed its
Verified Petition for Dissolution of Taylor Mountain Water and Sewer District and Approval of
Transfer of Assets (the "P.9!i!iqn"). A hearing on the Petition was held on June 26,2019. No
patron of the District or other individual appeared to object to the Petition. Falls Water Co., lnc.
("Bu)p!") appeared through counsel to support the Petition.
As described in the Petition and at the hearing on this matter, there are multiple approvals
and other contingencies that must be met prior to closing on the transaction contemplated in the
Petition and the Asset Purchase Agreement stbmitted to this Court, including approval of this
transaction by the Idaho Public Utilities Commission. While those approvals are being sought, the
ORDER-Page I
Attachment 3 to Application
Falls Water Co., lnc.
Page 1 of4
District should not yet be dissolved and should continue operating the water and sewer system
until all contingencies under the Asset Purchase Agreement have been satisfied.
Accordingly, the Court being fully informed, hereby finds, concludes, and orders as
follows:
1. The District has authority to dissolve and transfer its assets pursuant to Idaho Code $ 42-
3212(D and (n); and
2. The District has appropriately elected to follow the procedure described in Idaho Code $
42-3239 that by its terms apply to dissolution of a water and sewer district upon transfer to
a municipality, but are appropriate to follow in this matter to ensure that District patrons
were involved in the dissolution process and were able to provide input; and
3. The District has fully complied with and satisfied the provisions of provisions of Idaho
Code $ 42-3239; and
4. The District will be dissolved if the contingencies described in the Asset Purchase
Agreement are satisfied; and
5. Upon joint notice filed with the Court by the District and Buyer that the contingencies
described in the Asset Purchase Agreement have been satisfied, the transaction has been
closed, and the holdback, if any, has been paid to the District,r this Court will issue an
order and judgment (l) dissolving the Taylor Mountain Water and Sewer District; (2)
approving the transfer of the District's assets to Buyer with an effective date as of the date
the transaction closed; and (3) requiring the District to record a copy of the district court's
order with the Bonneville County assessor, and file a copy of the district court's order with
I Under Section l.c.i of the Asset Purchase Agreement, Buyer will pay to the District the holdback, if any, twelve
months after closing and, if applicable, after any indemnity claims are resolved and paid.
ORDER-Page 2
Attachment 3 to Application
Falls Water Co., lnc.
Page 2 of 4
the Idaho State Tax Commission, both within thirty (30) days following the closing date as
required by ldaho Code $ 42-3239(4).
TT IS SO ORDERED.
DATED this day of 2019
Signed: 7/1/2019 08:25 AM
Dane Watkins
District Judge
ORDER-Page 3
Attachment 3 to Application
Falls Water Co., lnc.
Page 3 of 4
CLERK'S CERTIFICATE OF SERVICE
Sgred:71'll2o19 12:g PM
I hereby certify that on this _ day of _,2019I served a tnre and correct copy
of the following described pleading or document on the attorneys and/or individuals listed below
by the method indicated.
DOCUMENT SERVED: ORDER
ATTORNEYS AT\D/OR INDIVIDUALS SERVED:
Randy Kern, Chairman of the Board
Taylor Mountain Water and Sewer District
Email: [e-mail]
Robert L. Haris
Hotoeu, KTDwELL, [IagN & Cnepo, P.L.L.C
P O Box 50130
Idaho Falls, ID It3405
Fax: [phone] I 8
rharris(rr,;holdcn lcgal. com
tr Mail
n Hand Delivery
! Facsimile
{ Emall
n Electronic Filing/Service
tr Mail
E Hand Delivery
E Facsimile
/ Email
n Electronic Filing/Service
Deputy
GIWPDATA\RLtI\18084-000 Taylor Mountain Water\003 Dissolution\Notice of Filing APA.docx
ORDER-Page 4
Attachment 3 to Application
Falls Water Co., lnc.
Page 4 of 4
ATTACHMENT 4
FALLS WATER C0., INC.
Sanitary Survey Results for
Taylor Mountain Water
(28 PAGES)
STATE OF IDAHO
DEPARTMENT OF
ENVIRONTVIENTAL QUALITY
900 North Skyline Drive, Suite B. ldaho Falls, lD 83402 . [phone] C. L. "Butch" Otter, Governor
John H. Tippets, Director
Aug. 10,2016
Randy Kern, President
Taylor Mountain Water and Sewer Distict
2230 Greenbrier Drive
Idaho Falls,ID. 83404
RE: Sanitary Suney Results for the Taylor Mountain Water: PWS# 7100023
Dear Randy:
On June 13,2016, Carl Christensen, Taylor Mountain's Responsible Charge Operator and Rochelle Mason
of DEQ conducted a sanitary survey of the Taylor Mountain public water system. I appreciate Carl's help,
cooperation, and support in scheduling and performing this survey. An enhanced sanitary survey report
prepared by Rochelle Mason is attached.
A sanitary survey is a security and safety measure that should be performed every 5 years for groundwater
sources. The purpose of the survey was to identiff any area where the system does not meet t}te requirements
of the State of Idaho Drinking Water Rules and Regulations and identiff potential source of contamination.
During this inspection tlere was (l) Sienificant Deficiency observed that needs to be addressed in the order
to comply with the Idaho Drinking Water Rules and Regulations (IDAPA). A Significant Deficiency is
defined in IDAPA 58.01.08.003.131. that states: As identified during a sanitary survey, any defect in a
system's design, operation, maintenance, or administration, as well as any failure or malfunction of any
system component that the Departnent or its agent determines to cause, or have potential to cause, risk to
health or safety, or that could affect the reliable delivery of safe drinking water. A list of deficiencies is
affached.
Further investigation requests will be considered Deficiencies without documented response from the water
system. Recommendations are not deemed as an eminent health threat, but are helpful suggestions that
should be considered to enhance the overall operations of the water system.
The Taylor Mountain public water system is in good order. DEQ appreciates your commitment to providing
adequate and responsive service, as well as supplying safe and reliable supply of drinking water to your
users. If you have any questions or need any further assistance, please feel free to call me or Rochelle Mason
at [phone].
Sincerely
Greg Eagei, P.E. r
Regional Enginediing
)
Manager
Encl: (2)
TRIM: WQ DW Compliance Document/ 2016 Sanitary Swvey/ PWS# 7100023c: Rochelle Mason, Drinking Water Aralyst, IFDEQ
Carl Christensen, Taylor Mountain Water Operator
Attachment 4 to Application
Falls Water Co., lnc.
Page 1 of28
lnttelt*ts,l
State of fdaho Public Water System Enhanced Sanitary Survev
WATER SYSTEM INVENTORY INFORMATIO}I
Name of Public Water Svstem:
'or Mountain Water & Sewer District
L-c of Last Survev:
Number of Service Conneclkrns:
151
Orvner Tyoe:
Privalg/Wat r &
Sewer Digtrict
Relponrible Charge Oporator (9O):No DO
Mr Ms. Alan Christensenves[ruo ExAcul+tc
Mailing Address:
View Lane
City, Stat6, Zp9ode Ildaho Falls, lD 83402
Subrtitrtc Reeponcible Charge Opeator (OP):
E rqr,Ms.
!vo NO
,g Address:
3ity, State, Zip
SURVEY DATE
Legal otrne/s Name:
fJ tur. fl tts.
Mailing Address:
P.O. Box 2409
PWS#
7100023
Bonneville
N/A
Ogen:
cr*"orf
Mountain Water Distrid
*.
No OP
208€8't-'1433
Board Member
location of ths PWS (To,vn*rip, Rame, hion):
1N Rge:38E Sec: 21 (well#1)
1N Rge: 38E Sec: 28 (well//l2)
)f,
Vt.
=--mait:'
hken d the time of eurvey by inepector?
EvesEm
f yes, what:
ye, oo d. qrx nor. Genefal lnfOrmatiOnn tr E n tr 1j{a-re preriors{y reqrired Significant Deficienciec b€€n addressed?
E--ffi2. Ooee hB system owner have a written sample siting plan that ie repres€ntative of
water throughout the distribulion system?tr tr E n n g. Are TCR/RTCR monitoring sampleE being taken in accordancE with the sampl€
siting plan?
f] 4. Xare material modifications been made to the P\rVS sinco the last ESS?
n S. f yes, were plans and specg submatted to and approved by DEQ?
D 6. er" ttr"re any kno,vn iesues or problerns with squipment or operation of the PWS
effect the of the water comment
]ommentr:
l. Deficiency: There is no curent sample sitting plan that meets Revised Total Coliform Rule (RTCR)
equirements, and therefore is not in accordance with 40 CFR 141.21 or 40 CFR 141.853.
!gtc' sampling plan templates are available at http:/Arvww.deq.idaho.gov/water-quality/drinking-rye :vised-total-coliform-rule/
iystems are required to develop a written sample plan that identifies sampling sites and a sample collection
of
Attachment 4 to Application
Falls Water Co., lnc.
Page 2 of 28
E peq
I xearr
! ooer:
1
1
DEDDtrnEntrEtrN
Page 1 Of 11
611
Waler
Surlace Water Sourcs:
Enn Inn
IFDEQ
E
D
Appror/ed
Disapproved
*'.
N/A
Legal Entitv:
PrivateruVater & Sewsr
Districi E] CommnityWaErsy*.m
fl lmfarsert iloncqrmurity
I frandert ttoronrmurnty - ilC
lComtined Sources?l[-l v* l-7 uo
lrr?, D-wdrndo
lf] Hanifold/spring Box
lSqirces Combin€d:
I
Svstem Classification:
Ditfiib,rfi"":
DWD2
Treafirent E run
fEr GWJ{C
DWO3 E tta
Li.:en!e Numb.,: 17712
lcEpirdion Date: 3n1DO17 , State, Zip Code:
ldaho Falls, lD 83403
20t821-7525
204421-7525
turGW-NC ryYS
lndividuals!r4
Expiration Date:ln.-",
Day
Night
Rochelle Mason
Drinking Water Anlyst
General lnformalion
E] wett source
D Spring Source
E] storage
! HydropneumaticTanks
E] Distribution
Pumping
Financial Capacity
Managerial CagaciN
I Treatnent npplication
E Disinfeaion
E Gas Ctz
E ttot"t
UEE
Total
IDEO - Enhanced Sanitary Survey - 7/15/1 5 General lnformation
Teleohone I
DSOS Viewing Business Entity Page I of
IDAHO SECRETAR.Y OF' STATE
Vlewing Business Entity
Lawerence Denney, Secretary of State
I New Search ] [ Back to Summarv ]
I Get a certificate of existence for TAYLOR MOUNTAIN WATER AND SEWER DISTRICT INC ]
I Monitor TAYLOR MOUNTAIN WATER AND SEWER DISTRICT iNC business filinqs ]
TAYLOR MOUNTAIN WATER AND SEWER. DISTRICT INC
PO BOX 2049
IDAHO FALLS, ID 83403
Type of Business: CORPORATION, GENERAL NON PROFIT
Status: GOODSTANDING
State of Origin: IDAHO
Date of 17 Feb 2015
Ori gination /Authorization :
Initia! Registered Agent: RANDY KERN
2230 GREENBRIER DR
IDAHO FALLS, ID 83404
Organizational ID / Filing C204954
Number:
Number of Authorized Stock
Shares:
Date of Last Annual Report: 22 Jan 2OL6
Annual Report Due: Feb 2017
Original Filing;
I Help Me Print/Vigw TIFF ]
Filed 17 Feb 2015 INCORPORATION View Imaoe (PDF format) View Imaoe
(TIFF format)
Annual Reports:
I Helo Me Print/View TIFF ]
Report for year 2016 ANNUAL REPORT View Document Online
Idaho Secretary of State's Main Page State of Idaho Home Paqe
Comments, questions or suggestions can be emailed tor [e-mail]
ttps://www.accessidaho.org/publiclsos/corp/C2ffiflrflff,hgil+ to Apptication
Falls Water Co., lnc.
Page 3 of 28
5l19l20lt
\nnual Repoft for C 204954
Refum to:
SECRETARY OF SIATE
7OO WEST JEFFERSON
o Box 83720
dotsE, ID 83720-0080
NO FILING FEE IF
RECEIVED BY DUE DATE
No. C204954 Due no laterthan Feb 29, 2016
Annual Repoft Form
2. Registered Agent and Address (NO PO BOX)
RANDY KERN
2230 GREENBRIER DR
IDAHO FALLS ID 83404!.. Mailing Address: Correct in tfiis box if needed.
TAYLOR MOUNTAIN WATER AND SEWER DISTRICT INC
TAYLOR MOUNTAIN WATER AND SEWER DISTRICT
PO BOX 2049
IDAHO FALLS ID 83403 3. New Registered Agent Signature:*
4. Corporations: Enter Names and Business Addresses of President, Secretary, and Directors. Treasurer (optional)
Office Held Name Street or PO Address City State Country
2220 E GREENBNTEA ON IDAHO FALLS ID USA
2155 E OLYMPICAVE IDAHO FALLS ID USA
11366 S BELLERIVE DR IDAHO FALLS ID USA
2340 E. OAKMONT DR IDAHO FALLS ID USA
2230 GREENBRIER OR. IDAHO FALLS ID USA
Postal Code
DIRECTOR
DIRECTOR
SECREIARY
PRESIDENT
MARK THOMPSON
JEFF ARMSTRONG
]R HAYES
LYNN MELANDER
RANDY KERN
83404
834&+
83404
83404
83404
5. Organized Under the Laws of:
ID
c204.954
6. Annual Report must be signed.*
Signature: Randy J Kern
Name (type or print): Randy J Kern
Date:01/22120t6'lltle: President
Processed 0L/22/2016 * Electronically provided signatures are accepted as original signatures.
Page 1 of
Itp://www.sos.idaho.gov/xtl?xp=Yo1C2O160122i'flas#+&BA$frfi*ffi9*9s4_160122t145.xm|
Falls Water Co., lnc.
Page 4 of 28
5lL9l20lr
A form must be filled out for each well associated to the PWS.
Tag #:
tr0007186
sical Location:
Ave. next to # 13 tee box
pump capacity
All Sources
1. Thls source is:
I nctive ! proposed
I Inactive ! Emergency ( Unplanned use )
ls the well on a separate lolf (applicabte if construcled after I 1/1/77)
yes no nte unk nore Are the following minimum distances from the PWS well being met?
3. - Nearest property line........,50 Ft.
- Any potential source ol contamination...................50 FL (add comment)
WELL SOURCE . PG.l
n DE
DE
NE
!nNEng
NEDEtrEtrEtrE
nn
ntr
NaDO
n
SURVEY DATE PWS #
Page ) At 'l'l
5. - Livestock ........50 Ft.
JN
DN
EtrDtrnnnnNDT!ntrtrnnnxn
nnE
DE
- Canals, streams, ditches, lakes, ponds and
tanks used to store nonpotable substances............50 Ft.
- Storm water facilities disposing storm water
originating otf the well 1o1...................................50 Ft.
- Class A Municipal Reclaim6d Wastewater
Pressure distribution |ine.....................................50 Ft.
- Gravitv wastewater |ine....................,...............,.50 Ft.
- Pressure wastewater Iine.............,...............".....100 Ft.
-Septictank....... ....,...................I00Ft.
tr E 12. - Drainfield fie|d.........
tr E 13. -seepagepit..
b.
7.
8.
9.
10.
11.
1 00 Ft.
1 00 Ft.
trE DNunEntrxnEnn
14. - Privies............. .......................100 Ft.
15. - Absorption module - large soil absorption system....150 - 300 Ft.
16. - Municipal or industrial wastewatertreatment plant....500 Ft.
17. -Bioso|idsapp|icationsi|e.....................................1000Ft.
1E. - Reclamation and reuse of municipal and industtial
wastewater sites. .....................Permi1 specific
'19. Are frost free hydrants placed a minimum of five (5) feet away from
the well? (N/A if protected by AvB)
20. Are pesticides, herbicides, fertilizers, portable containers of petroleum
products, or other toxic or hazardous materials stored on the well lot?
21. Are pesticides, herbicides, or fertilizers applied to the well lot without prior
approval from the Deparlment?
22. lsthewellinapit? lfyes,Dateconstructed:
23. Was the wellthat is located in a pit installed aftet 1115164?
24. Ii pit was installed prior to 11/5/6,4 - Has DEQ granted an exception and
does the pit have water tight construction of pit walls and floor, a floor
drain and an acceptable pit cover?
25.from unauthorized
Attachment 4 to Application
Falls Water Co., lnc.
Page 5 of 28
6113/2016 7100023
this Source Treated?Name of Source:
#1
associated with a:
I wenoeu
n Manifold
Treatment Obiective: E ruln
TreatmentTypes: E nln
(ldentify Treatment Train in Comments)
ls there a well for the well Yes No Unk
Size (ln)Depth (Ft)Depth (Ft)
16 Unk333
Date Drilled:
1 958
Grout Depth(Ft)47 ! unr
Static Water Depth (Ft)
88 [ unr
ls the Casing Screened?!ves[]xo[unrfl ruta
lscreen
1.,o.,
lro'
Depth (Ft): E ruln ! unr ls then Casing
yes EI
Perforated?
No fl unr
N/A
Unk
Perforation Depth (Ft):
N/A
n
Verified as accurate
GOMMENTS:
(Please indicate question number)
Significant I oenoency
4. Note: Herbicides and fertilizers
associated with golf course
maintenance are identified as
potential sources of contamination.
Questions: # 5-8, 10-18 do not
apply to this system
21. Deficiency: Due to the location of
well # 1 on the golf course,
pesticides andlor herbicides and/or
fertilizers are applied to the well lot
without prior approval from the
Department, and therefore is not in
accordance with IDAPA
58.01.08.521.01. Caution should be
taken to avoid the application of any
chemicals associated with golf
course maintenance within (50) feet
of the wellhead. Will be reevaluated
next survey.
(No action required at this time)
IZ IE
Z IA
IDEQ - Enhanced Sanitary Survey - 7/1 5/15 Groundwater Source
Vvel'l #lEastern OistriC 0tfi€e
Temp.z 395
'
" :1.:,' .; ,. '
Totalyater
test :
EI,L O'JI{EIi:
eoe
orr r E t No.
A,fIIBE OI' UORK (cbeck):er rell E Deepcned
ater iE to be uged for:
[eplaceoent vel1 I I
I Abandoued E .-
Municiole
tr cable f!
ize of drilled holepth of velI 333rve1 belov ground:
'ahr.o Test ,verye
zeo
L2.,
0
ea
---,E',Punp?Bail
ed toand notor us
o ea Sr
LN) lt.nrteEiSi-lie SSUre:
tt
ddrees c/o Joe Anderson
- -fCxPlaln)
ASING SCffiDULE: fhraadeil
lanE-ffiace Give.flou
ontrocontroluDEPTg
YES OR
y(
A
l,Iork f tnlshed:
WeII DriIIerrs ta ement;s well was'drilled under oy supervision aad this reporlis true to the best of my knouledge.
Nane; An<lrew l,,'ell. Dril.Ijng Contractors
. shutoffiegsure:
-bg Valve I I Cap LJ PIu,{ :_.l-1 Poes rEfI leatErowd c,ti.-;,,-HNoU IIATERIAI iir, i, j
ft.
cfs
ETEOD OTuEno
L6 ilDiao.
trDiam.
-ttDiaE.ttDLao.
6E[ness of
CONSIBUCIIOT{: . RotarY
rther
from + I ftfrom tt
froo ft.
Uel.ded -LoWt..-i'to ft,to
-it.
to tb.
l,taterlal:
TOt
caa i.
tecl fi coacrcte tr wood - other tr
(explain)
EETORAIED? Yeesrforator used:tl No E $rpe of
Lze of per
perfor
A -perforSCREEN
foratlone a "ations frou ft
by-
.to ft
to
il
---Je rforatioae froo
Derforations
ft. to ft.
fron
-ft.
to ft.
rations froo ft.'T;;'' E ft.-T"- EINSTALIED?
anufacturerrg naoe
YPCian. SLot size Set
iao. Slot size_Set
rcvidedl+7 f t.
Oo
fron_f t. to f tfron ft. to ft
Hethod of saali
[odel No.
ONSTBIICTION: lJell gravel packed? Yes t]o. tr size of gravel- Gravel
laeed fron ft. to ft. Surface seal? .,F fI N;If ro vhat depth?
Material-uced in seal: eement
strata con n uauga euaanY
trJ Brpe of vater:
-
eg
Eptb of strata ft.trata off:
@? Yes lll Nca L-Jetrcnted in place? Yee El -' }{o tr
Locate nell in section
I
I--T--
I
I
Secil I
I
---)--
I Attachment 4
Falls Water Co., lnc.
Page 6 of 28
rEEI TEEI
5o brouar
5 36 lt,r ll
36 IQ
It2 47
ClaY-! atave);Clal brown
l+7 ,t'tlarvel fi sand
5lt 60
C,U 90
959U
(lravcl & silt
tt lt
1t It clav
95 rc15
IJ.O LZ5 Iravel. vraLer seepage
LZ5 LJ'i
L)'l llrl (;ravel poss
uiL ) l+>s e
I80ll+5 s,"lldsl,cne 6, bent,onite
i)entoni t,e
ce
il
2L5 225 It ll t,
2.25 2ia sa.ndst,one rravc,l l, bent,onite
270 23t;shale rrav cinders & clav
250
2\5
27a
21\
_?59_
255
firn
t,
c
ave.
270 2PO &c1
2ea 2t2r,8t
285 290 f'ray cj.nders fi.ne Fore{, & cIa
290 Pra:t c.
e2953CUi,ixed
305
305 3).2
gavcers
er5
3r2 373 ers.n
'41 I
B.J.?t,h St,. . l'dahoFA.lls . Id;rhr'r
---t---
Well # 1 6t13t2016
no nla unk
27.
28.
29.
30.
Does the casing extend a minimum of 18 inches above the final ground
surface or 1 2 inches above the pump house floor?
ls the well vented with the open end of the vent screened with a 24 mesh
and terminated downward at least 1 8 inches above the final ground surface
or 12 inches above the pump house floor?
ls the wall provided with an approved cap that prevents surface water entry?
ls the well cased and sealed in such a manner that surrace water
cannot enter the wall?
ls there a smooth nosed sampl€ tap provided on the well discharge pipe
prior to treatnent?
ls an instantaneous and totalizing flo\ry meter equipped with nonvolatile
memory installed on the pump distributlon line of the well and is it
mainlained and working propedy?
E tr tr 32. ls a pressure gauge provided on all discharge piping and is it maintained
and working properly?psi.
Can the well be pumped to waste at the design capacity of the well via
an approved air gap at a location prior to the flrst service connection without
depressurizing the distribution system?
yss no nle unk notaDtrENNtrtrEUntrN8trtrtrDENN!NEtrN
PUMP HOUSE ( Oniy pufip llouses thal conlan a grcund :Later sauce )
34. ls the source located in a pump house?
35. ls the pump house kept clean and in good repair?
36. ls the pump house protected from unauthorized personnel?
37. Ooes the pump house have adequate lighting hroughout?
38. Are all threaded hos€ bibs installed in the pump house equipped with an
appropriate backflow prevention device?
ls adequate ventilation provided in the pump house for dissipation of
excess heat and moisfure from the equipment?
ls adequate heating provided in the pump house to provided safe and
efficient operation of equipment to prevent freezing?
tr E Dtr
4'1. ls the pump house protected from floding, have adequate drainage,
and is the ground surfuce graded so as to lead surhce water away from
the pump house? (Unless otheMise approved by the Departmeno
42. ls the sump for pump house floor drains closer than 30 feet from the well?
IU I I A
Common Name SURVEY DATE PWS #
7 1 00023
indicate
. Deficiency: Due to the
cement type well cap it
recognized that a well vent
the requirements of IDAPA
0'l .08.511.05. is not feasible. lt is
evaluating the
ofthe current
well cap with an
vented cap with a sanitary
that can be visually inspected.
be reevaluate next survey.
action required at this time)
Deficiency: Well # 'l is not
with an approved well cap
be reevaluated next survey
Action Reguired at this time)
Deficiency: (Noted since 2007)
r discharge pipe for well # 1 does
provide a sample tap that is of a
type without exterior
and therefore is not in
with IDAPA
1.08.511.01
- 32. Note: further investigation is
to confirm the flow meter
pressure gauge are operational
Required)
Deficiency: The pump distribution
for well # 1 does not provide the
valves and appurtenances
allow the well to be pumped to
at the design capacity, as
required by IDAPA 58.01.08.511.02
Page ? Of 77
Groundwater Source
WELL SOURCES . PG.2
Attachment 4 to Application
Falls Water Co., lnc.
Page 7 oI 28
IDEQ - Enhanced Sanitary Survey - 7/1 5/15
611312016
fl welReto
n Manitold
Name of Source:
#2
associated with a:
ls there a well for the source?Yes No Unk
lc.ring
ht
Size (ln)E unr
Pump Capacity (GPM)
El unr
l*",
unkl4l s
Date Drilled:
1s77 f]
I Depth (Ft)I unr
Casing Depth 1rg lCrort Depth(Ft)202 !unrlte Iunr
ls the Casing Screened?
I ves [ ruo[ unr
the Casing Perforated?
I ves p] t'to I unr
Depth (Ft)UnkNiA
From:
Latitude 43.389776
-111
Significant n oenciency
WELL SOURCE - pc.T SURVEY DATE
Verified as accurate
Verified as accurate
PWS #
7100023
Treatnent Objective: E Nle
Treatment Types:N/A
(ldentify Treatment Train in Comments)
Static Water
120
Perforation Depth (Ft):NIAn unr
indicate
# 5-8 and 10-"18 do not
to this system
Pase 4 Of --1,1-
sources form out fur each well associated to the PWS.
#:
tr^0071 87
sical Location
Club Drive - dirt road located past the entrance of the Country Club parking lot
(truck access)
All Sources
1. This source is;
B active I proposed
! fnactive ! Emergency ( Unplanned use )
u,( ,ote
ls the well on a separate lol? (applicable if canstructed after 1 1/1/77)
Are the following minimum distancas from the PWS well being met?
- Nearest property |ine..........50 Ft.
Any potential source of contamination...................50Fl. (add comment)
Livestock... ........50 Ft.
8.
- Canals, streams, ditches, lakes, ponds and
tanks used to store nonpotable substances............50 Ft.
- Storm water facilities disposing storm waler
originating off the well lot.................................,.50 Ft.
- Class A Municipal Reclaimed Wastewater
Pressure distribution |ine.....................................50 Ft.
- Gravitv wastewater |ine...................,.................. 50 Ft.
- Pressure wast€water |ine................................... 1 00 Ft.
- Septic tank....... ........ ................100 Ft.
- Drainfield fie|d.................. .........100 Ft.
- Seepage pit.................... ...........100 Ft.
9.
10.
11.
12.
13.
14.
15.
16.
17.
'18.
- Privies... ....100 Fr.
- Absorption module - large soil absorption system....150 - 300 Ft.
- Municipal or industrialwaste$/ater treatment plant....500 Ft.
- Biosolids application site......... ......... -.,................1 000 Ft.
- Reclamation and reuse of municipal and industrial
wastewater sites........Permit speci{ic
19. Are frost ftee hydrants placed a minimum of five (5) feet away from
the well? (N/A if protected by AVB)
20. Are pesticides, herbicides, ferlilizers, portable containers of petroleum
products, or o$er toxic or hazardous materials stored on the well lot?
21. Are pesticides, herbicides, or fertilizers applied to the well lot without prior
approval from the Department?
22. lsthewellinapit? lfyes,Dateconstructed:
23. Was the well that is located in a pit installed aftet 11l5l$?
24. lf pit was installed prior to 1 1/5/64 - Has DEQ granted an exception and
does the pit have water tighl construction of pit walls and floor, a floor
drain and an acceptable pit cover?
25. ls the well from unauthorized
Attachment 4 to Application
Falls Water Co., lnc.
Page 8 of 28
No
(F0
Unk
yes m n/a unk notoEN Dtr3.En nD4.nn nEs.ntr ng6
JN DE7,
trx ng
En n nntr n EI! NErn nEtrtr tr Extr nExn n ETtr N EDT N Entr n E
UNEDN
!E Uu
trE N D
trE ntrDtrEtrDtrD8trtr
IDEQ - Enhanced Sanitary Survey - 7/1 5/1 5 Groundwater Source
Name Iv i La fh^^+.h ( laa I'rl'1 e Onr:nt-nr Cl rh
Address
1r,.. iURE OF WORK
E New well E Deepened E Replacement
E Abandoned (describe method of abandoning)
PROPOSED USE
O Domestic D lrrigation D Test fi Municipal
E lndustrial E Stock E Waste Disposal or lnjection
tr Other (specify type)
METHOD DRILLED
I Rotary B air tr
D Cable D Dug D
Hydraulic D Reverse rotary
Stat[c water level f2O feet below land surface.
Flowins? O Yes Cf No G.P.M. flow
Artesian closed-in pressure * p.s.i,
Controlled by: E Valve ! Cap D Ptug
Temperature _oF. Quality
)
8. WELL TEST DATA
D Pump O Bailer
Lrt'e ll ,.
Thickness Oiameter From To
.25Q inches 14 inches + 91 1"4 ?f A feet
U Air E Other
Hours Pumped
9. LITHOLOGIC LOG
Water
10.
Work srarted B-3-77 finished 9-19-7'.|
11. DRILLERS CEBTITICATION
lAtVe certify that all minimum well construction standards were
complied with at the time the rig was removed.
4 to tAppl6rtbnAndrer,r Well DrillingFirm No. 5
oN
x
x-
xxi
x
Y
x_
I
I
Other
WELL CONSTRUCTION
Casing schedule: F Steel E Concrete E Other
inches _ inches feet _
inches
-
inches feet
-
inches _-_ inches feet _
tA/as casing drive shoe used? D(Yes O No
A/as a packer or seal used? dY"r 0[ ruo
Perforated? EYes dtto
How per{orated? E Factory CJ Knife O Torch
Size of perforation _ inches by _ inches
Number From Topertorations feet __ feetperforations feet _ feetperforations feet __ feet
Well screen installedT D Yes B No
Manufacturer's name
Model No.
Diameter _ Slot size _Set from _feet to __feet
)iameter __ Slot size ___Set from _feet to _feet
3ravel packed? ! Yes F No D Size of gravel
)laced from feet to feel
feet
feet
feet --i
IIxl
X-rh
)L,
rype
--__-_
lurface t""t a"oi ,V*-u'tt-f-Orn lo, ,'>- D
lealing procedure i.rsed: D
aterial used in seal: \Cemenr grort
Puddling clay tr Welt cuttlngs
Slurry pit [3 Temp, surface casing
E Overbore to seal depth
\Iethod of joining casing: ! Threaded E Welded E Solvent
Weld
D Cemented between strata
fescribe access port u t o // /; .t F.
LOCATION OF WELL
Sketch map location must agree with written
N
S
Falls Water Co., lnc.
Page 9 of 28
Discharge G.P,M.Pumping Level
DepthHole
From To YesMaterial
l/,o 5 Soi'l Brown
1L t 85 ,,ll
11.85 90 Brown Basa'l t
113 Broken Basalt90llL
1f,113 138 Conslomerate Bas&It
1L r38 158 Sand Stone
1r,t58 Lt)Cfav Gravel
l/,L75 180 flashed Oravel x
''l /,180 185 il tt
'l ,-185 tq5 _I
xOrave'lCoarse Sanrt
''l r.195 198 Black Basalt x
196 215 Basalt Rl ack
Y1t,u1 <220 GravelCIav Pea
1r 220 2l+l Sha-le Brown x
'l L 278 Riolite Erown
'l 1,
2t+6
278 28A CLavBroken Some x
f 280 117 ClavBroken Some
'l it7 iil_BrorrnSand Stone
3L7 3L5 Rlolite
"l r.3lr5 357 BasaltHard Grav
1/.i57 i50 Ras:l tBroken Grev x
1r,360 i86 Basal tFirm Grav
'l /.?86 1,'l 6 YBasal tBroken (]rav
1L L10 L15 Firm .T
,t:
--ir Subdivision Name
,L
Owner's Permit No.
I
r-1
WELL SOURCES . PG.2
Common Name SURVEY DATE PWS #
Attachment 4 to Application
Falls Water Co., lnc.
Page 10 of28
Well*2 6t13n016 7100023
{dam nla
indicata
E D n
ntrDtr
n D
27.
28.
n.
30.
Doea t€ cai rg edend a mlnimum of tA inch6 above the final grord
lrrGr€ q 12i/,ld!d6 abo,s th6 pltmp house froq?
ls ttl6 nell venled with fle open ond of he vent Bcre€ned with a 24 merh
and terminat d domurard al least 18 hrcfies aboue the final grwnd gr{ace
or 12 ind!.s abovo hs $rmp hou8€ froor?
lc thardl ponided wih an agpror/od @ fid prev€fits surfacc wafet $6/l
b fE r€li caa€d drd cealed in arfi a mancrthat surfaca wabt
cannd €ntor tle s€I?
,r fir€r6 a srnootrr noa6d sarnple tap prot idod on $s u/dl discharBe pipe
X1trr|offitl,,t?
fr an inrtanterEors a$lde|lzh9lh,u nEt6r€q4rp€d with nonrrolaflo
remory iruftlled 01 0ro Bmp disfr6u0oo lin€ of ths ur.ll and is it
yaa rD nla l'f( ffiINEDtrt]tr8trtrDDEtrtrDtrEDDDNEtrtr
ma,ntained and u,orkfoE properfy?
E 32. l! a pressure gaug€ provided on all discharge pipin€ and is it maintained
and erortirlg g{WJtfi psi.
Can the !,ycll bc punpod to r^€de al tho deeign capacity of t ls wBll via
n aIfr]otsd air gry at a location prlr to 60 fird sorvice coflneclion witrrdr{
depr€asrrizing fi4a dirtritu[on ryatam?
PUIP HOUSE (Only pump houss hat @nftin a ground water eur@)
:ta. b fle rouroe locat d h a pump house?
35. ls 0rc pump hours keil cl€an and in gpod regair?
36. lrthG pump hornc A|o/,f(,d ftom unauthorlznd poflonnel?
37, Do€r the Srmp hou!6 have a@uate llgfiting hroqhout?
38. Ars all $read€d ho€ b56 inddl€d in tie pump houlo Eguipped wilh an
aggtcp/tala M*fhr( pra/ention d6vice?
b adequatc venlilation pro&ed h thc f,rmp hou86 for tllssipatlon of
qo866 heat and ilk afiIre fiom he oquipmenf?
ls a.bquato h€Elinggotidrd in the pumg hou3€ to /or/id€d safe and
€trdent operaliJn of equipmeflt b pr8venltrg6zir€?
41. b th€ pump hous€ protecied fom lloodlng, have adequate drainago,
and b frr ground Eurtacs grad€d so aE to lead surfee water aray from
$€ pump house? (Unbss oth€nviE approved by ths Depaament)
42- li the sump for pump housc fioor drains cb6or $an 30 feet ftom the $6lP
Deficiency: The well casing
#2is not vented, as required by
IDAPA 58.01.08.51 1.05.
Aeficiency: The discharge pipe
well*2 does not provide a
tap that is of a smooth-nosed
without eriterior threads and
is not in accordance with
- 32. Note: further invesligation is
to confirm the flow meter
pressure gauge are operational
Deflciency: The pump distribution
for well # 2 does not provide the
valyes and appurtenances
allow the well to be pumped to
at the design capacity, as
by IDAPA 58.01.08.51 1.02
58.01.08.511.01
Required)
g!O I I I
IDEQ - Enhanced Sanitary Survey - 7/1 5/1 5
tr
Page 5 Of 71
Groundurater Source
STORAGE
A
l top of the hill overlooking
(access by truck)
E
uEnnnE
n
ETtrN
E n
SURVEY DATE PWS #
7100023
- 6. & 19 - 20. Note:
System Plans and
Specifications show the
over flow piping joins with
tank drain piping after
isolation valve located in
ofthe tank. Further
investigation is warranted to
locate the drain and overflow
piping located on the hill side
below the storage tank to
it meets the
requirements of the IDAPA
.01.08.544.06. in that it is
provided with an expanded
screen installed within
pipe to exclude rodents.
tank isolation valve is
with dirt rendering it
ble. Efforts should
be taken to keep this valve
accessible at all times.
is Required)
8. Note: (since 2007)The
structural integrity of the
storage tank roof is
questionable as to watertight
(vegetation growing on top
of it) further investigation is
needed to confirm the
integrity of the roof (Action
Required)
10. Note: The storage
structure shows to be in fair
condition. Recomrnend
evaluate structural condition
tank is cleaned.
11. DEO Recommends that
vegetation around the
storage structure be
removed mechanically
the use of herbicides
prevent the roots from
ng the integrity of the
structure.
6. Note: fhe (1) manhole
lid is properly locked,
overlaping the framed
opening, and extends down
around the frame.
Note: further storage tank
discussion located on page
# 12 under "Notes" section
Page
-
Of ,.
Storage
form must be filled out for each unit in the
trD!
ntrDEnntrtr!
yes no nla unktrtrtrntrtrnf
NEtrNNTNE
NDNEIrlnnEEZ N N N EgNNII
yes ,o ila sknntrE
TNNE
yes no ila unkInEn
tnEn
Club building
note ALL STORAGE STRUCTURES
[ 1. ts the storage structure safely accessible to the inspector?
I Z. ts tne PWS storage tank located within 500 feet of any municipal or
lndustrial wastewater treatment plant or any land which is spray lrrigated
with wastewater or used for sludge disposal?
n 3. nre any of the storage structure drains directly connected to a sewer or storm drain?
[ 4. ts an overflow provided that discharges to daylight in a way that will preclude the
possibility of backflow to the reservoir and, where practical, provided with an expanded
metal screen installed within the pipe that will exclude rodents and deter vandalism?
B 5. Are overflows brought down to an elevation between 12 and 24 inches above
note PARTTALLY BURIED OR BELOW-GROUND STORAGE
n 23. Are "ALL'' manholes elevated 24 inches above the surface of the roof or the ground
level, which ever is higher?
f] Ze. ts there a minimum distance of 50 feet between the storage structure and any
non-potable main, standing water, or other possible source of contamination?
Attachment 4 to Application
Falls Water Co., lnc.
Page11of28
the receiving surfuce? (2X the diameter of the discharge pipe above a basin im)
6. Do ove.flows discharge over a drainage inlet structure or splasfi plate?(storm or sanitary)
7. ls the storage structure secure ftom unauthorized access?
E B 8. Ooesthestorage reservoirhaveawatertightrooforcoverandisit
sloped to facilitate drainage?
9. ls the storage water protected from contamination?
10. Is the storage structure structurally sound?
11. Could vegetation in the area potentially impacl the storage structure?(Recommended)
12. ls the storage stuclure designed so that it can be isolated from the dastribution
system without necessitating loss of pressure in the distribution system?
tr [ tS. tsteakageevidentattimeofinspection?
tr f] 14. ls the storage structure interior coating or liner peeling or cracked?
'15. ls the storage structure used to store finished water?
16. Are access manhole openings for the storage structure 4 inches or greater above the
surface of the roof, with a cover 2 inches overlapping, water tight, hinged and locked?
tr n I tT.nreallventsextendedl2inchesabovetheroofandconstructedloexcludepotential
sources of contaminalio ? (The oveilow pipe shall not be considered a vent)
ABOVE GROUND STORAGE
18. Do all vents open downward and are they fitted with a 24 mesh non-corrodible screen?
note GROUND-LEVEL. PARTIALLY BURIED. or BELOW-GROUND STOR.AGE
E] 19. Ooes the overflow tor the storage structure have a vertical section of pipe at
least 2 pipe diameters in length?p 20. tstneoverrlowforthestoragestructureprovidedwitheitneta24meshnon-corrodible
screen installed within the pipe when practical, or an expanded metal screen installed
within the pipe plus a weighted flapper or check?
[ 2t . ls the area surrounding the storage structure graded in a manner that will prevent
surface water from standing within 50 ieet of it?
I 2.. ee alt venls for the storage structure open downward with the opening at least
24 inches above the roof or the ground level and covered with 24 mesh non-corrodible
screen to exclude potential contamination?
yes no ila unk noteTtrEtrN
UiIIA'
6t13t2016
1981
Unk
Storage Type:
B Reservoirflank
! Standpipe
Construction: fl nbove-Ground
I Ground-Level
f] Rartiatry aurieO
f] Below-Ground
Ttpe of material:
I ntastlc I wooa
Metal
Naturally Contained
DTnE
Fiberglass
Concrete
nsoecte(Date Last: IDaysstructure):
Unk
Unk
2
How is the water Unkmeasured?
IDEQ - Enhanced Sanitary Survey - 7/15/15
lcor
Unk
DIS.TRIBUTION
One form for all distribution
SURVEY DATE PWS #
7 1 00023
indicate the
6. Note: According to Plans and
Specs all fire hydrants are on a
inch line
10. Note: enclosed is a "Water
Conservation and Protection
for Residents" sheet that
be placed in customer's
bill
11. Note: no current plans have
been submitted to DEQ that
reflect development past 1981
enclosed CD)
3 - 14. Note: The semiannual
flushing of all dead end water
mains should be part of the
water system's overall routine
maintenance program in effort
to maintain water quality, as
required by IDAPA
58.01.08.542.09.
17. Deficiency: There is not a
cross connection control
program that complies with
Rule, or the cross connection
control program is not being
implemented as required by
IDAPA 58.01.08.552.06.
Page 7 Ot 11
in the PWS.
n'algda(sL
I steet IpevcI
f, otner:
are water lines made of:X unt<
HDPE (black)[ Asbestos/Cement
Ductile Iron Copper
E tr D
yes no nla unk noteXEtrtrI
NNETT
ENtrTtr
DISTRIBUTION
'1 . Have there been any interruptions in service during the past year? (including
pressure loss)
2. lf a loss of pressure occurred (<20 psi), did the PWS provide public notice
and disinfect the system? (Reminde)
3. ls the PWS able to maintain a minimum pressure of twenty (20) psi throughout
the distribution system (including fire flow), or forty (40) psi for PWSs
constructed after 71111985 (excluding fire flow), during maximum hourly
demand conditions?
4. Was the pressure observed at a service connection?
5. lf yes:
Location:
Time:
6. Do all water mains that provide fire flow have a diameter of at least 6 inches?
7. Are valves exercised
lf yes, how often?
8. ls there a leak detection program? (Recommended)
9. Does the system have leaking water mains that need to be repaired or
repiaced?
10. ls a water conservation program in effect? (Recommended)
'1 1. ls an adequate map of the distrlbution system maintaind? (Recommended)
12. Does the system flush all main lines annually? (Recommended)
13. Are all dead end water mains equipped with a means to flush?
14. lf yes, are the deadends flushed at least semiannually?
15. Are there any distribution materials used that should not be in contact with
the drinking walet? lf yes, explain in comments section.
16. ls the system adequately protected from freezing?
17. ls there a cross connection control program that complies with the Rules
and is it being implemented? (Community PWSs Only)
18. ls the operatortrained in cross connection control? (Recommended)
19. Are there any known unprotected cross connections orwere any
unprotected cross connections observed during the course of the survey?
20. lf a separate non-potable irrigation system is provided for the consumer,
are all mains, hydrants, and appurtenances easily identified as non-potable?
(Purple Tape or other) (Recommended)
AirA/acuum Relief Valves - Placed at high points in water mains.
21. Are all automatic air relief valves equipped with a means of backflow
protection?
yes no nle unk noteEDUfUntrtrnr
IAtrDtr-tEntrI
I n.u.[] e.m
trtrDDEtrtrTtrEtr8UtrtrTNNETtrNtrEtrtrEtrTN
nEff,[D8trtrtr
nnnEf
yes no nle unk noteDtrENN
Attachment 4 to Application
Falls Water Co., lnc.
Page 12 of 28
611312016
6-8 inch
Unk
U
How manv services are metered?
148 out of 151
Number of Fire Hvdrants:
't7
IlIIII,
IDEQ - Enhanced Sanitary Survey - 7/1 5/1 5 Distribution
PU]IiPING . PG.1
One form for all
SURVEY DATE PWS #
71000.23
Distribution
indicate the
Note: further investigation rs
rranted to veriff the
gauges are in working
(Action Required).
Significant Deficiency
(noted since 2007): There is
not an accessible check valve
on the discharge side between
pump # 2 and the shut-off
valve, as required by IDAPA
58.01.08.511.04.
9. Note: IDAPA
58.01.08.501.07. applies to
systems constructed after April
15,2447
Page -8- Ot 1'l
Pumping
Attachment 4 to Application
Falls Water Co., lnc.
Page 13 of28
6t13t2016
AND
Type of Pump:Brand Model:HorsepowerPhysical Location:
Well# 1 Submersible 35
Well#2 Submerslble 25
yci3 no ile unk natcNEtrtrNEDNDNtrtrEND
trtrtr88
ya no nla unk ,rda
ALL PUIIPS
1. Do€r ttre purnp(3) cydE. excaasiryen/l Bo@n,nen&d)
2, Arc all pumps prwidad with clad,ity availabb spar€ parb and tools?
3. Does th6 system havo an approved method to prcvcot excasrive
prassure ctevelopment?
4. lg a standard pre3sure gal8e insa$ed and functbniDg on thc discharge line?
WELL PUTIFS
5. ls theo an accGsible chect vah/o inatallcd in the discharg€ line of eaclr
well betw€en tfic pump and Urc shut-ofi valve?
6. lf $€ system has a verlical turbine motor driv€n pump(s), B an air
releare-vacuum reli€l vat{c located uFtream from thg check valve, with
e*raurUrelief piping t€rminatirlg in a dofln-tumcd position at least 18 inchcs
abovc thc floor and covercd with a24 fil€sh corrogion rGistant screen?
7 . lt lhc pump(s) is 'oil lubdcated", is the oil NSF approved and guitable for
human consumption?
WATER PUTPS (notwett punps)
8. ls an acceca,blc check valve on the di!rcharge skJe botween the pump
and tho shut-off valve?
tr
n tr
T
ya m nla unk ndetrtr8trtr
no nle unk noL
ls there auxiliary po,ver on-site? (Community PIVS8 Only)
DXnnND
trn
trtr
trntrnDN
tr[
10. ls auxiliary pou€r terted? (Reqmmendecl)
I 1. lf a diesel or gasoline fuclcd cngine i8 ur.d on the well lot; is the fuel tank
and connecting piping double walled?
12. 13 th6 fucl tank above ground?
13. ls a ccrtified opcrator pr$€nt during th€ filling of the fuel tank?
14. It tho onginc b in ths wsll hous€, is the ongino oxhaust directly discharged
outside the wsll hous6?
1 5. 18 a 3pill containment structure sunounding all fuel tanks adoquate?
(Secondary @ntainment - 1 10/o fuel tank volume)
Conmunttv Syct;rrs Onlv
16. (Community Systems built or substantially modifidd afror 4/15/07 only)
lE on-eitts pow6r or standby3toragc provided so watcr can be treated
and supplied to pressurize theentire distribuuon system during a powcr
oulago for a minimum of 8 houB?
17. (Communiy Systoms built or substantially modified after 4/1il07 only)
lf standby power is provided, is therr a minimum of 8 hours of fuel stored
and located on sita?
T E
E D n
IUII1,
IEIII
IDEQ - Enhanced Sanitary Survey - 7/15/'l 5
Pumo lD#
'l trHHEtrNI
FINANGIAL CAPACITY
yes no Ala unk noteNIEtrT
t]TETNItrEDtr
trtrEf
utrEu
EDDT
note FINANCIAL CAPACITY
n t. ts tte PWS current with the payment of drinking water fees?
SURVEY DATE PWS #
Page Q Of 11
D Z. Ooes the PWS charge a drinking
lf yes, what is the fee: $
water fee to the user?
$17lmonth
n E I D I g. t"tn"PWSinthebusinessofsellingwater?
"N/A" on questions 4 -',l9.
f n E tr D a. Ooet the PWS provide and use an annual budget? fRecommended)
f I E n J 5. tt appticable, ls the PWS fund separate from the waste water/sewer
utility fu nd? (Recomme nded)
I n E I tr o. oowatersystemrevenuesexceedexpenditures? (Recommended)
tr n E n f] Z. nr" controls established to prevent expenditures from exceeding
revenues?
D f E I f e. nas an independent financial audit been completed? (Reconmended)
n fl E n I g. tt yes, is a copy of the most recent balance sheet for the water system
available? (Recommended)
D tr E f] E ro. Doesthewatersystem includeacashbudgetwithin its annual
budget for cash flow? (Recommended)
I I E n f tt Doesthewatersystem managementreviewthe userfee, user
ciarge, or rate system at least annually? (Recommended)
'12. When was the last user user charge, or rate system adjustment?
nm/ddr|yyy
'13. Does the water system management review financial reports at least
monthly? (Recommended)
14. Does the PWS provide and use a capital budget? (Recommended)
15. Has thls PWS produced and does it currently utilize a capital
improvements plan? (Recommended)
16. lfyes,when was the budget produced?
mm/dd/yyyy
fI f Z Has the capital improvement budget been updated in the last
18 months? (Recommended)
X f g. Ooes the water system budget provide funding for depreciation of
existing plant in service and/or for the funding of reserves for system
replacement?
f] t g. Are there sufficient funds for training personnel?
Attachment 4 to Application
Falls Water Co., lnc.
Page 14 of 28
71 000236t13t2016
indicate the uestion
1. Note: Remincier Drinking Water
Fee is due by Oct. 'tst annually, as
required by IDAPA 58.01.08.010.
IDEQ - Enhanced Sanitary Survey - 7/1 5/1 5 Financial Capacity
I
46/13t2016
Board Members
res no Na trlk n@qDtrtrDlntrtrD
re8 no Na unk ,roiaUDtrnil4.EtrtrDt]5.EtrtrND6.Entrnfl 7.
EDtrntr8.Ennnne.DtrE[tr10.
MANAGERIAL CAPACITY
SURVEY DATE
MAilAGERIAL CAPACTY
1. 13 a properly licsnsod oporator available at all times? (l,l/A for GW-NC Pttt S)
2. Do€s trb R rS have a govcming body or boaft, of directors?
lf no, ploaso indicatc:
E Son Proprietochip
D Paanership
E r-irlt o
E oure,:
3. Hor,y ofien do€s $e board nre€t? fl V,C
weekly fl sanl-annroly I
nronthty D aruary tr ngr'er
unknown
PWS #
7100023
indicate the
ll. Note: DEQ recommeneJs the
ofthe systern establish an
Asset Management Plan. To learn
more about the asset management,
go to EPA's websitc at:
htllp l l w xer .qa gov/infr asructure/
sustain/asscs_managment. cftn
2il. Deficienn - There is no total
coliform rule sanple site plaq as
required by TDAPA
58.01.08.100.01. which
incorporates by reference 40 CFR
14 1.21. (Action Rcquired)
Siting Plan templarc is
available at:
.deq. idaho. gov/water-
quality/drinking-water/revised-
total-coliform-rule/
Page Jl- Ot JJ-
'trtrnn
ye8 no nle unk not6IEtrNE.trtrntrtrETtrDtrEtrDDuEDnnNEtrEDtrBtrNNt]tr8DtrnEnnn
ntrtrnDatrtrnn
t€8 no Na unk nolgDtrEtrND!8trtrtrf,[ITNENEtrDNEDtrDENItr
f] oinsrttrtv D rnecesary tr
Are the folloling records maintain€d onsito or locatod ncar by?
- Bacteriobgical Am,ysir - S y.er! r{en0on.
- Ch6ryri6l Analyris - r0 y...r r6nfon.
- Record! of adbnr takan to co,rcct viola$ons - 3 ycaB r€tantlon.
- Copi{rl of reporB, rummarbs or communacation rGlated to
sanitary survey! - r0 yt.Ir rttaodon.
- Repota conccrning varianccc or cxcmptionr - 6 yeaB rctantion.
- Copiee of public noticec iscucd - 3 yearr ratentlon.
- Daily freo crrlodn€ r*iduab (rcguired disinfeclion) - 1 year rst ndon.
1 1 . Does the systom owner have an A$€t Management Plan? (Recommended)
ls an operation and maintcnancc manual(s) provkJed for the F{/VS and
doe3 it indude; water 3yltem spccific operations plans; maintenanca
infomation and chccklists; and manufacturo/s product information, ctc?
13. 18 therc a cLar plan of xganizalion and control among tho peoplc responeible
for manag€ment and opcrations of thc watsr syaian? (Reammeded)
Are any sampler of the folloling paramcters paelduc?
14. Colfform
15. Nitrates
16. l{itritc!
'17. lead ald Copper
18. lOCa'r9. VOC3
20. socr
2'1. DisinfcctionByprodudr
22. Radionudile
ls a writen total coliform rule (TCR) samplc Eitc plan availablc
for ravlaw?
24. Doe3 tha (ICR) eampb Bito plan mo6t th. minimum requiremonts?
25. Doca the system have a suflicient oupply of approved sampling
bottfes properly slored? (Reammended)
26. Does thc PWS provide stainrays, ladders and handrails whcre needed?
27. Are tcada of non-slip matcilal providod where needcd?
28. ls a hoalth concsrn producod from inadequataly protecled electrical wiring?
29. Ooes tho systom have any confined spacos?
30. lf yes, are protocols follo,ved for confinod spacr cntry? (Recommended)
31 . Are therc any unusod subsurfacs watcr storag€ tanks that n€6d to be
abandoned?
32. Arc thcre any water supply w6lls that ar6 no longor being uEed that
n6od to be abandoned?
33. Does the ut,lize SCADA?
EtrtrNyes no nla unk note
Attachment 4 to Application
Falls Water Co., lnc.
Page 15 of28
IDEQ - Enhancsd Sanitary Suvey - 7h1l15 Managerial Capacity
Water Conservation and Protection Tips for Residents
IDAHO
DEPARTTUIENT OF
ENVIRONiIENTAL
QUALIW
1410 t{onh HiltonBcis. lD 837061290
208t373{E,02
wW.deq.idaho.gry
Kitchen and LaundtT
O Keep drinking water in the tefngerator instead of letting the faucet run until the water is cool.
B r07ash fruits and vegetables in a basin. Use a vegetable brush.
O Do not use watet to deftost frozeo foods, thaw in the refrigemtor overnight.
A If washing dishes by hand, use a dishpan fot rinsing dishes.
tr Scrape, rathet than rinse, dishes before loading into the dishwasher.
tr Opelate the dishwasher only when completely full.
D Add food wastes to yout compost pile instead of using the garbage disposal.
B Use the appropriate \xiater level or load size selection on the washing machine.
O Capture gay water This is the waste water from washing dishes and dothes and can be used
to water lawns, plants or other landscaping uses. Consider using a biodegtadeable soap if
capturing gray water for reuse.
Bathrooms
O Never use your toilet as a wastebasket.
tr Do not let the water run while shaving or brushing teeth.
tr Take short showers instead of tub baths. Turn off the water flow while soaping or
shampooing.
O If you use a rub, fill the tub only half full.
tr Never pour water down the &ain when there may be another use for it - such as watering
plants or a garden.
Outside
O Sweep &iveways, sidewdks, and steps rather than hosing off.
tr Wash the car with water from a bucket, or consider using a commercial car wash
that recycles water.
tr When using a hose, control the flow with an automatic shut-off aozzle.
O Avoid purchasing recreational water toys that require a constant strearn of water.
tr If you have a svrimming pool, consider a oew water-saving pool filter.
tr Lo'qzer pool vzater level to reduce amount of water splashed out.
A Use a pool cover to reduce evaporation when pool is not being used.
O {Jse native plants or practice xeriscape garden techniques in garden and lawn areas. Native
plants generally require less water than exotic species.
B Use mulch around flower and vegetable gardens to reduce watet loss. Mulching lawn
movrei's help protect water less and do not requi-re disposal of gtass clippings.
E Water lawn areas eady in the moroing during the coolest part of the day. Consider installing
an automatic timet. Don't fotget to adjust your watering schedule as days get longet or
shorter.
tr Adjust yout sptinkler. Watering sidewalks, driveways or the streets wastes water and costs you
mofley.
Over )
Attachment 4 to APPlication
Falls Water Co., lnc.
Page 16 of28
State of ldaho
Departsnent of Environmental Quality
I nspection Contin uation
SURVEY DATE PWS #
Pagell Oi 11
Notes
Attachment 4 to Application
Falls Water Co., lnc.
Page 17 of 28
6 7104023
Mountain Water and Sewer District
lnventory stafus:
1) System name change from Country Club Hills to Taylor Mountain Water & Sewer District (2014)
2) system owner change (2014)
3) no longer under Public Utilities Commission (PUC) (2014)
Under a Compliance Agreement Schedule (CAS) to hook to the Shelley Sewer District - completed Fall of (2016)
Storage Tank
1) past tank overflow was due to an inoperable float - conection made by the installation of a telecommunication
that monitors the tank level by pressure
tank metal access ladder is rusted and in poor condition - planned system upgrade 2016 to remove original
ladder and replace it. Inoperable float will also be removed. During which time the tank is drained it is
cleaning and inspecting walls and floor of tank also
3) should consider the removal of the non-functional electrical box mounted on the side of the storage tank
Additional Upgradee Completed
1) Variable Frequency Drives (VFD) have been installed on both Well# 1 & 2
2) telecommunication system has been installed on both wells and storage tank . The purchase of phone apps are
planned (2016) enabling closer monitoring of the system also.
lns,,'ected bv:Date:
IDEQ - Enhanced Sanitary Swvey -7115115
Sanitary Survey Deficiency Report
August 10,2016
Taylor Mountain
PWS# 7100023
RE: Enhanced Sanitary Survey conducted on June 13, 2016
You will find a list of the significant deficiencies, deficiencies and recommended improvements for your system
summarized below. In order to address all significant deficiencies, follow steps l, 2 & 3.
Step l:
After reviewing the significant deficiencies listed below, please call our office to identifr a corrective
action plan for each significant deficiency within 30 days of receiving this written notification. During
that call, please be prepared to provide a "Planned Completion Date" for each item.
Sten 2:
Complete the planned action(s) by the agreed upon date.
Step 3:
Enter an "Actual Completion Date", Initials, identiff the "Corrective action taken", and sign that each
corrective action has been corrected by the agreed upon date and that the corrective action meets the
requirements pursuant to IDAPA 58.01.08. Please send a copy of the corrective action taken to the
regulating agency.
DEFICIENCIES
GENERAL INFORMATION SECTION:
Question 2 (pg. 1) and Question 23 (pg. l1) Deficiencies: The system owner does not have a current sample
sitting plan the meets Revised Total Coliform Rule requirements, and therefore is not in accordance with 40
CFR 141.21 or 40 CFR 141.853. (Action Required)
There is no total coliform rule (TCR) sample site plan does not meet the minimum requirements, as required by
IDAPA 58.01.08.100.01 which incorporates by reference 40 CFR l4l.2l. (Action Required)
Planned Completion Date
Actual Completion Date :
C orrective action taken :
Initials
GROTINDWATER SOURCE SECTION:
Question 21 (pg. 2) Deficiency: Due to the location of Well # 1 on the golf course, pesticides and/or herbicides
and./or fertilizers are applied to the well lot without prior approval from the Department, and therefore is not in
accordance with IDAPA 58.01.08.512.01. Caution should be taken to avoid the application of any chemicals
'ssociated with golf course maintenance within (50) feet of the wellhead. Will reevaluate next survey.
.No action required at this time)
Attachment 4 to Application
Falls Water Co., lnc.
Page 18 of 28
Question 27 (pg.3) Deficiency: Due to the unapproved cement type Well # I cap it is recognized that a well
vent meeting the requirements of IDAPA 58.01.08.51 L05. is not feasible. It is recommended evaluating the
repiacement of the cunent unapproved well cap with an approved vented well cap with a sanitary seal that can
be visually inspected. Will reevaluate next survey. (No action required at this time)
Question 27 (p5.5) Deficiency: The well casing for Well # 2 is not vented, unless it can be demonstrated that
the drawn down under maximum pumping conditions will not exceed ten (10) feet, as required by IDAPA
58.01.08.51 1.05.
(Action Addressed 8/10 - system pictures included in Photographic Documentation section)
Question 28 (pg. 3) Deficiency: Well # 1 is not provided with an approved well cap, as required by IDAPA
58.01.08.511.06.b. Will be reevaluated next survey (No Action Required at this time)
Question30(pg.3&5)Deficiencies:ThedischargepipeforWell#1and#2doesnotprovideasampletap
that is of a smooth-nosed type without exterior threads and therefore is not in accordance with IDAPA
58.01.08.5 1 1.01. (Action Required)
Planned Completion Date.
Questions 3l -32 (pg. 3 & 5): Further investigation is warranted to confirm the flow meter and pressure
gauge are operational on the discharge line of Well # I & # 2, as required by IDAPA 58.01.08.51 1.04. and
IDAPA 58.01 .08.5 I 1.03. (Action Required)
Planned Completion Date
Actual Completion Date:
Correclive action taken:
Actual Completion Date
C orrective action taken :
Actual Completion Date :
Correctiye action taken:
Initials .
Iniliqls
Attachment 4 to Application
Falls Water Co., lnc.
Page '19 of 28
Questions 33 (pg. 3 & 5) Deficiencies: The pump distribution line for Well # I & 2 does not provide the
necessary valves and appurtenances to allow the wells to be pumped to waste at the design capacity, as required
by IDAPA 58.01.08.51 1.02
2
Initials
P lanned C ompletion Date :
STORAGE SECTION:
Questions 4 - 6 & 19 -20 (pg. 6): Further investigation is warranted to locate the drain and overflow piping
located on the hill side below the storage tank to assure it meets the requirements of the IDAPA
58.01.08.544.06. in provided with an expanded metal screen installed within the pipe to exclude rodents.
The tank isolation valve shows to be covered with dirt rendering it inaccessible. Efforts should be taken to keep
the valve visible and operable at all times. (Action Required)
Planned Completion Date,
Actual Completion Date :
Corrective action taken:
Initials
Question 8 (pg. 6): The structural integrity of the storage tank roof is questionable as to watertight (vegetation
growing on top of it) firther investigation is needed to confirm the integrity of the roof, as required by IDAPA
58.0 I .08.54 4.09 and IDAPA 5 8.0 I .08.54 4.09.c. (Action Required)
Planned Completion Date:
Actual Completion Date
Corrective action taken:
Initials .
rQuestion 10 (pg. 6): The storage structure shows to be in fair condition. It is recomn:end,ed when the storage
tank is cleaned that the structural condition is evaluated.
P lanned C ompletion Date,
Actual Completion Date :
Corrective action taken:
Initials
Question f f (pg. 6): DEQ Recomirenij:. that the vegetation around the storage structure be removed
mechanically without the use of herbicides to prevent the roots from damaging the integrity of the storage
structure.
Planned Completion Date :
Actual Completton Date :
C orreclive action taken:
-l
Attachment 4 to Application
Falls Water Co., lnc.
Page 20 of 28
Initials
DISTRIBUTION SECTION:
Question 17 (pg. 7) Deficiency: There is not a cross connection control program that complies with Rule, or
the cross connection control program is not being implemented, as required by IDAPA 58.01.08.552.06.
(Action Required)
Plonned Completion Date.
Actual Completion Date :
Corrective action taken:
Inilials
PUMPING SECTION:
Question 5 (pg. 8) Significant Deficiency: There is not an accessible check vaive on the discharge side
between Well # 2 and the shut-off valve, as required by IDAPA 58.01.08.51 1.04. (Action Required)
P lanned C ompletion Date
Actual Completion Date.
Correctiv e actian taken:
Question 4 (pg. 8): Further investigation is warranted to verify the pressure gauges are in working condition, as
iequired by IDAPA 58.01.08.541.03.c. (Action Required).
Planned C ompletion Date :
Inilials_.
I certiS, to the best of my knowledge that all significant deficiencies and defrciencies, have been corrected
by the agreed upon date and that the corrective action meet the requirements pursuant to IDAPA
58.01.08.
Signature:Date:
4
Attachment 4 to Application
Falls Water Co., lnc.
Page21 of28
Initials
Actual Completion Date :
Correct ive action taken :
Photographic Documentation
Name of Facility: Taylor Mountain Water & Sewer District
lnspector(s): Rochelle Mason
lnspection Date: Monday, June 13, 20L6
Purpose of lnspection: Sanitary Survey
Publish Date: Tuesday 14 June 20L6
Attachment 4 to Application
Falls Water Co., lnc.
Page 22 of 28
EPAR
ENT
ldaho Department of Environmental Quality
Photographic Documentation For Taylor Mountain Water & Sewer District
Table of Photographs:
Photograph 1: Well# 1
Photograph 2: Well lot # 1
Photograph 3: Well# 1- discharge piping vault.......
Photograph 4: Deficiency - not vented Well# 2.....
Photograph 5: Well # 2 ...........
Photograph 6: Deficiency - Well# 2 threaded sample tap.......
Photograph 7: Well # 2 discharge piping vault.......
Photograph 8: Significant Deficiency - no check valve on Well # 2 discharge piping.
Photograph 9: Another view of Well # 2 discharge piping
Photograph 10: Well# 2 electrical panel
Photograph 11: Deficiency Addressed - well # L vented
Photograph 12: Storage Tank....
Photograph 13: Locked access lid .........
Photograph 14: Storage tank vent
Photograph 15: Screened storage tank vent.........
Photograph 15: Storage tank lid ..............
Photograph 17: View from well# 2 lot ..
Photograph 18: Storage Tank lot ...........
Photograph 19: Storage Tank lot .........,.
Photograph 20: Deficiency - Well # 1 threaded sample tap
Photograph 21: Well # 1 discharge piping vault........
Photograph 22: Well # 1 isolation valve, flow meter and pressure gauage
Photograph 23: Well # l vault ......
Photograph 24: Well # 1 check valve
2
Attachment 4 to Application
Falls Water Co., lnc.
Page 23 of 28
3
3
3
3
3
3
4
4
4
4
5
5
5
5
5
6
6
6
6
6
6
7
7
7
ldaho Department of Environmental Quality
Photographic Documentation For Taylor Mountain Water & Sewer District
Photograph 2: Well lot # 1Photograph 1: Well # 1
Photograph 3: Well # l discharge piping vault Photograph 4: Deficiency - not vented Well # 2
Photograph 5: Deficiency - Well f 2 threaded sample tap
3
Attachment 4 to Application
Falls Water Co., lnc.
Page 24 of 28
Photograph 5: Well # 2
,
ib.'--;-
C
lJ 'T
I
ldaho Department of Environmental Quality
Photographic Documentation For Taylor Mountain Water & Sewer District
Photograph 13: Locked access lid
Photograph 12: Storage Tank
Photograph 14: Storage tanl( vent Photograph 15: Screened storage tanl( vent
5
Attachment 4 to Application
Falls Water Co., lnc.
Page 25 of 28
L
I
*'s.:lt.' 'l'i':-.5
!
I
ffi
ldaho Department of Environmental Quality
Photographic Documentation For Taylor Mountain Water & Sewer District
Photograph 7: Well # 2 discharge piping vault {snake in vault)Photograph 8: Significant Deficiency - no check valve on Well fr 2
discharge piping
Photograph 10: Well # 2 electrical panelPhotograph 9: Another view of Well # 2 discharge piping
Photograph 11: Deficiency Corrected 8/9 Well s 2 vented
4
Attachment 4 to Application
Falls Water Co., lnc.
Page 26 of 28
i,L
L.t.-'! -::
'l
ri.
,(i'1'
mFE
I
I
,
,I
;
I
ldaho Department of Environmental Quality
Photographic Documentation For Taylor Mountain Water & Sewer District
Photograph 16: Storage tank lid
Photograph 18: Storage Tank lot
PhotoBraph 20: Deficiency - Well # 1 threaded sample tap
Photograph 17: View from well # 2 lot
Photograph 19: Storage Tank lot
Photograph 21: Well S 1 discharge piping vault
6
Attachment 4 to Application
Falls Water Co., lnc.
Page 27 of 28
t
JI
./',.
&
Fqlt{
F
ldaho Department of Environmental Quality
Photographic Documentation For Taylor Mountain Water & Sewer District
Photograph 22: Well # 1 isolation valve, flow meter and pressure Photograph 23: Well f l vault
gauge
Photograph 24: Well # 1 check valve
7
Attachment 4 to Application
Falls Water Co., lnc.
Page 28 of 28