20200731Application.pdf

RECEIVED
2020 Jul! 31, PM 3: l6
IDAHO PUBLIC
UTILITIES COMMISSIONPreston N. Carter (ISB No. 8462)
Charlie S. Baser (ISB No. 10884)
Givens Pursley LLP
601 W. Bamock St.
Boise, ID 83702
Telephone: [phone]
Facsimile: (208) 388- 1300
prestoncarter@givenspursley. com
charliebaser@givenspursley. com
Attorneys for Falls lfatur Co., lnc.
IN THE MATTER OF THE
APPLICATION OF FALLS WATER
CO., INC. FORAPPROVAL OF
ACQUISITION OF THE ASSETS OF
MORNING VIEW WATER COMPANY
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
Case No. f1 5-o-o*
APPLICATION OF FALLS WATER
CO., INC. FOR APPROVAL OF
ACQUISITION OF THE ASSETS OF
MORNING VIEW WATER COMPANY
AND REQUEST FOR MODIFIED
PROCEDURE
Falls Water Co., Inc. ("Falls Water") seeks the Idaho Public Utilities Commission's
("Commission") approval of Falls Water's acquisition ofthe assets ofthe water supply and
tjistribution system (the "Water Business") of Moming View Water Company ("Morning
View"), in accordance with the Asset Purchase Agreement dated and effective as of July 2, 2020
(the "Agreement"). Falls Water also requests that the Certificate of Public Convenience and
Necessity C'CPCN') of Moming View (No. 314) be transfered to Falls Water. and that this
Application be processed by modified procedure.
Please serve all notices and communications with regard to this Application upon:
FALLS WATER,S APPI-X.A'TION FOR APPROVAL OF ACQt]tSITION
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PAc[ I OF 9
Preston N. Carter
Charlie S. Baser
Givens Pursley LLP
601 W. Bannock St.
Boise, ID 83702
Telephone: [phone]
Facsimile: (208) 388- 1300
Drestoncarter(,luivensDurslcv.conr
charliebaserlatsivensourslev.com
kcndrah(illuivenspursley-com
BACKGRoUND AND PRoCEDURAL HISToRY
Falls |l/ater Co., Inc. and NW Natural Wdter Company, LLC
1. Falls Water is a regulated public water utility providing water service to a portion
ofBonneville County northeast ofthe City ofldaho Falls and north ofthe City ofAmmon. Falls
Water has been supplfng water service since 1958 and currently serves approximately 5,500
customers under CPCN No. 236. 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 of NW Natutal Holdings' corporate structure is
attached to the accompanying testimony of Justin Palfreyman, the President of Falls Water, NW
Natural Water of ldaho, LLC ("NW Natural Water of ldaho"), and NW Natural Water.r
2. Falls Water, 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 reorganization of Northwest Natural Gas Company
and its affiliates. Northwest Natural Gas Company, now a direct subsidiary of NW Natural
Holdings, is a 162-year-old natural gas utility serving customers in the Pacific Northwest.
I Falls Water currently is a subsidiary of NW Natural Water, NW Natural Water intends to make Falls Water a
subsidiary ofNW Natural Water ofldaho, which is itselfa subsidiary ofNW Natural Wat€r. Falls Water is not
aware ofany legal requirement for Commission approval ofthis reorganization, but requests Commission approval
ifrequired. ff Application in Case No. FLS-W-18-01 (filed Feb. 21, 2018) (providing notice ofcorporate
reorganization).
Eric W. Nelsen
Senior Regulatory Attorney
NW Natural
250 SW Taylor Street
Portland, Orcgon 97204
Telephone: [phone]
Eric.Nclscn(a;nwnatural.com
FALLS WATER's APPLICATIoN FoR AppRovAL ot'AceutsltloN
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3. NW Natural Holdings and NW Natural Water 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 ofthe utility. Palfreyman
Testimony at 3. NW Natural Water and its subsidiaries recently acquired regulated water utilities
in Idaho, Oregon, and Washington. Pallreyman Testimony at 4. This experience will carry over
to the Falls Water's acquisition of Morning View.
Morning View LVater Company
4. Morning View is a regulated water utility that serves approximately 118
residential customers in and around fugby in Jefferson County, Idaho under CPCN No. 314.
Morning View's service territory is in the same vicinity as Falls Water's service territory, Iocated
approximately 9 miles north of Falls Water's current office location. Palfreyman Testimony at 5.
THE TRANSACTIoN
5. Falls Water and the selling parties (Morning View, Nolan Gneiting, and Dawn
Gneiting) entered into the Agreement on July 2, 2020. The Agreement and the actions it
contemplates, to the extent related to this Application, are referred to as the "Transaction." The
Agreement, attached to Mr. Palfreyman's testimony, is conditioned upon the Commission's
approval of all requests in this Application.z Agreement fl 5(b).
6. Ifapproved, under the Agreement, Falls Water will acquire the selling parties'
assets related to the Morning View Water Businesses (collectively. the "Water Business
Assets"). Palfreyman Testimony at 6.
7. If the Transaction is approved, Falls Water employees will assume the roles
previously undertaken by Morning View's current employees. Palfreyman Testimony at 5.
2 The Agreement has been filed as "Confidential" under Commission's rules
FALLS WATER's AppLICATToN FoR AppRovAL oF ACQUIslrloN
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PAGE 3 or.9
8. Tony Wise, the licensed water system operator for Falls Water, will serve as the
licensed water system operator for the assets of Moming View's Water Business. Mr. Wise
holds license number DWD3-21515 (Class 3), and his business address is 2180 N. Deborah
Drive, Idaho Falls, ID83401. Palfieyman Testimony at 6.
9. Falls Water is not requesting any change to ratos, rate structure, or other charges
in this Application. Any future changes will be based on prudently incurred capital expenditwes
and other accepted ratemaking principles. Palfreyman Testimony at 6-7.
I0. If the Transaction is approved, Falls Water will work with Commission Staff to
update its tariffs to reflect its addition of the Moming View Water Business Assets and the
retention of the existing rates, rate structure, and otler charges for current customers of Moming
View and Falls Water. Palfreyman Testimony at 7.
I L Falls Water intends to work with Commission Staffbefore and during future rate
proceedings to consider consolidation ofrates, rate structue, and other charges as reasonable and
appropriate for current Falls Water and Moming View customers. Palfreyman Testimony at 7.
12. Falls Water submits that the Transaction is in the public interest. The Transaction
will provide access to capital that is not currently available to Moming View. Falls Water and its
parent companies will offer expertise in operating regulated utilities. Falls Water also will
maintain the existing rates, rate structure, and other charges and will maintain or improve the
level of services currently provided.
13. Falls Water, NW Natural Water of Idaho, NW Natural Water, and their affiliates
have financial resources and access to capital markets to sufliciently capitalize Falls Water so
that it can provide safe and reliable water utility service and proactively address the
FALLS WATER'S APPLICATIoN FoR A}PRoVAL oF ACQUISITIoN
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PAGE 4 oF 9
infrastructure needs of the Water Business Assets now owned by Morning View. Palfreyman
Testimony at 3.
14. Additionally, the system currently owned by Moming View will benefit from
Falls Water's, and its affiliates', core competencies in constructing and maintaining
infrastnrcture, providing exemplary customer service, and effectively managing regulated
utilities. Falls Water has the ability to make needed improvements to the water system.
Palfre).rnan Testimony at 3-4.
15. Falls Water employees, who are based near Moming View's current location,
have the business experience and water system expertise to operate and maintain the Moming
View Water Business Assets. Palfreynan Testimony at 6.
16. Falls Water has not definitively identified any specific capital expenditures or
improvements for the Morning View Water Business Assets. Preliminarily, Falls Water has
noted that one of Moming View's wells will likely require an upgrade, and that a water
conservation plan or additional water rights may be required. Palfreyman Testimony at 5-6. Ifthe
Transaction is approved, Falls Water will incorporate the Moming View Water Business Assets
in future updates to Falls Water's Water Master Plan. Palfreyman Testimony at 6.
REQUEST FoR EQUITY TREATMENT oF EXPENDITURES
17 . Morning View is what could be characterized as a distressed small water utility.
18. For example, Moming View has failed to collect its revenue requirement in every
year since 2016; customers have expressed dissatisfaction with management; Commission Staff
has recognized Morning View's concem about its ability to service its debt; and Moming View
has struggled to adequately file and support rate cases. See Case No. MNV-W-19-01, Order No.
34542 (Feb. 3,2O20) al2-3 (failure to collect revenue requirernent); id. at6-7 (customer
complaints); id. at I (noting that rate case was allowed to proceed despite failure to comply with
FALLS WATER.S APPLICATION FOR APPROVAL OF ACQUISITION
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PAGE 5 oF I
filing requirement); Case No. MNV-W-19-01, Comments of the Commission Staff(Dec. 18,
2019) at 11(noting concem about servicing debt).
19. In addition, Morning View is a small system that is heavily financed with debt.
See Case No. MNV-W-19-01, Order No. 34542 at 5 (noting a capital structure of 99.760/o debt);
Case No. MNV-W-19-01, Comments of the Commission Staffat 3 (noting that the Company
does not expect any significant growth over ttre next five years).
20. Accordingly, even though acquisition of Moming View by Falls Water would
provide significant benefits to Moming View's customers, Moming View would not traditionally
be considered an attractive target for acquisition.
21. To enable the Transaction, Falls Water respectfully requests that the Commission
treat Falls Water's future, prudently incurred investments in Moming View's Water Business as
100% equity, rather than debt, until Moming View's Water Business reaches a 50olo debt I 50%
equity capital structue.
22. Treating future, prudently incurred investrnents in this manner will enable the
Transaction to close, providing signifrcant benefits to Morning View customers; it will
incentivize the required investments in Morning View's Water Business; and it represents a
reasonable approach to resolving the difficulties in acquiring Moming View's Water Business.
23. If approved, Falls Water would separately track and account for expenditures in
Moming View's Water Business to demonstrate when the 50o/o debt I 50% equity capital
structure is met. Falls Water is open to working with Commission Staffand the Commission to
identifu a reasonable and accurate process for doing so.
REeuEsr ro AMnnr ,q.uo TuNsrER CPCN
24. Morning View currently holds CPCN No. 314.
25. As described above, Falls Water intends to provide service to Moming View
FALLS WATER,S APPLICATIoN FOR APPRoVAL OF ACQUISITI0N
152364E5 6.docx 3988-1 ll
PAGE 6 oF 9
Water customers. Accordingly, Falls Water respectfully requests that CPCN No. 314 be
transfered to Falls Water.
26. The transfer of the CPCN is necessary to effectuate the Transaction and to realize
the public benefits discussed above. The transfer ofthe CPCN is generally in the public interest
for the same reasons as the Transaction.
ADDITIoNAL INFoRMATIoN
27 . Additional information that may facilitate the Commission's consideration of the
Transaction is identified below,
28. Transaction-related costs related to the acquisition have been incurred byNW
Natural Holdings, not by Falls Water, including due diligence, environmental consultants,
research, legal, ravel, and negotiations. The costs will not be passed to Falls Water and will not
be included in any rate case filings. Palfreyman Testimony at 7.
29. Ifthe Transaction is approved, accounting, financial, and customer records will be
kept in the local offrce of Falls Water, 2180 N. Deborah Drive, Idaho Falls, ID 83401. Falls
Water's local office also will be the location for former Moming View customers to pay bills,
make requests, and otherwise correspond with Falls Water. Palfreyman Testimony at 8.
30. Moming View meters are currently read on a monthly basis year-round, and
customers are currently billed on a monthly basis throughout the year. Falls Water intends to
maintain this schedule for the foreseeable future. Palfreynan Testimony at 8.
31. Falls Water provides 24-hour response to repairs or water quality issues.
Customers can call the Falls Water oflice 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. Palfreyman Testimony at 8.
FALLS WATER's APPLICATIoN FoR A}PRoVAI oF ACQUISITIoN
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32. Falls Water will publish a notice to customers in the local newspaper, in the form
of Attachment I to this Application, regarding the Transaction and the Application, although no
notice is required because Falls Water is not proposing any changes to rates. Palfre).rnan
Testimony at 6-7; IDAPA 31.01.01.125.
33. Currentln Moming View employs Nolan Gneiting and Dawn Gneiting. Monthly
invoicing, account reconciliations, and annual reporting are performed through an independently
contracted bookkeeper. Upon closing of the Transaction, Falls Water employees will take over
the roles previously performed by Moming View's employees and contractors. Palfreyman
Testimony at 5.
34. Falls Water has not identified any particular opportunities to add new customers
to Morning View's Water Business system at this time. However, a total of approximately I 50
platted lots are located within the boundaries of Moming View's current CPCN, and the area
surrounding Moming View outside the boundaries of the CPCN appears to provide some
potential for additional development and associated additional customers. Palfreyman Testimony
at 8.
35. The most recent Small Water System PIan for Morning View's Water Business
system, which includes well logs, water rights information, and water production data, is
attached to Mr. Palfreyman's testimony.
36. Water rights information for Moming View are attached as Attachment 2 to this
Application. Information regarding water rights is also included in the Small Water System Plan.
MODIFIED PROCEDURE
37 . Falls Water believes a hearing is not necessary to consider the issues presented in
this Application and respectfully requests that it be processed by modified procedure, using
FALLS WATER,S APPLICATION FoR APPROVAL OF ACQUISITION
1s236485 6.docx [13988-l Il
PAoE 8 oF 9
written submissions rather than a hearing, under the Commission's Rules ofProcedure 201
through 210.
CoNcLUSIoN
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 Ttansaction,
and that Falls Water has the bona frde intent and financial ability to operate and maintain the
Moming View Water Business Assets in the public service.
3. Ordering that future, prudently incurred investments in Moming View's Water
Business be treated as 100% equity until Moming View's Water Business reaches a 50%o debt /
50% equity capital structure;
4. Transferring Moming View's CPCN, No. 314, to Falls Water.
5. Granting such other reliefas the Commission deems just and reasonable.
DATED: July 31, 2020.
GTVENS PURSLEY LLP
/22--.-L
Preston N. Carter
Charlie S. Baser
Givens Pursley LLP
Attonteys for Falls Water Co,, Inc.
FALLS WATER,S A?PLICATIoN FoR A.PPRoVAL oF ACQUISITIoN
15236485_6.docx [1 3988-l ll PAGF] I oF 9
ATTACHMENT 1
FALLS WATER CO., rNC.
CustomerNotice
(1 PAGE)
M(IR}II}IG VIEW WATER C(IMPANY
CUSTOM ER I }I F(I RMATIO}I
Dear customers,
tn Juty 2020, Falls Water Company, a subsidiary of NW Naturat Water, entered into an
agreement to acquire the water utitity of Morning View Water Company.
Alter the sa[e is approved, the utility witt continue to be operated locatty with the oversight
of Falts Water's team f rom the ldaho Fatls area. The transition is expected to be seamless to
customers.
The ldaho Pubtic Utitities Commission (IPUC] is currentty reviewing the fiting. To fotlow the
regutatory process, check the Commission's website at www.puc.idaho.gov or use the contact
information listed betow.
About FatLs Water and NW Natural Water
Fa[Ls Water has been providing water service to customers in Eastern ldaho since 1958 and
currentty serves approximatety 5,500 customers. NW Naturat Water, which acquired Fa[[s
Water in 2018, is a subsidiary of NW Natural Hotdings INYSE:NWNI and is headquartered in
Portland,0regon.
More information
lf you have questions about the transaction and transition to Fa[[s Water, contact Morning View,
NW Naturat Water, or the IPUC using the fotlowing information. lNote; this is for information
about the transaction. Ptease continue to contact Morning View for customer bitting and
service information.l
Morning View Water Company
Attn: Notan and Dawn Gneiting
3996 E 200 N
Rigby, ldaho 83442
morn in gviewwate r@g m a i[. com
208-7t+5-OO29
NW NaturaI Water
Attn: Metissa Moore
250 SW Taytor Street
Porttand, 0R 97204-3038
[e-mail]
503-226-/,211
www. nwnatura[water.com
ldaho Public Utitities Commission
Attn: Adam Rush, Pubtic lnformation Officer
/+72 W. Washington, Boise, ldaho 83702
[e-mail]
208-334-0339
www.puc. idaho.gov
l{W Noturql
WAT E R^
ATTACHMENT 1 TO APPLICATION
FALLS WATER CO., INC.
Page i of t
4Y
ATTACHMENT 2
FALLS WATER CO., INC.
Water Rights Information
(10 PAGES)
Page 1
Prlorlty: July 06, 2009
It is her€by certified that:
MORNINGVIEW WATER CO INC
PO BOX 598
RIGBY ID 83442
Source: GROUND WATER
Eeneficial Uae
DOMESTIC
Stete of ldaho
Oepartment of Water Resourcos
Water Right License
Water Right No. 25-14236
Maximum DiveEion Rate:
Maximum Divemion Volume:
0.25 CFS
12.0 AF
has complied with the terms and conditions of the permit, issued pursuant to Application for permit datedJune 01, 2009, and has submitted proof of Beneficial use on May 08, 2020. An examination confirmsYvater is diverted from:
Flrlod ot ure Rate of tv€rrglon Annual Volume
Location of Point(6f of Oiversion
GROUND WA T ER L1 I ),lwz Nw,".), Sr6c .i0. l w? ,Jti RoeGROUND WAl ER t{W% NE% ser. 30, T*r, ?rit, nqe :.StGROUND I/VA'|'ER NWy; NE%, Se!. 30, Twp,{,tI, REE 3ee
Place of llse: DOMESTIC
it*l**l s"" lnre | ^w1?*'
01101 to 12t31 0.25 cFS 12,0 AF
SE
SE NE NW SWil
;:3E. B
8M.
BM.
M. JE7 FL'RSON County
JEFFEBSCN County
JEFEERSON County
NE
x
SE
NW
Nw_!vr,ise 1r,re
qw
NW SW SEx
L
Conditions of Approyal
1 . Domestic use is for 10 homes,2. Water rights 2 5-14236,25-14199, and 25-7593 shall not exceed a diversion rate of .g3 cfs for in-house non constrmptive domestic purposes for 1s2 homes, and .46 cfs, and 92 AFA for the-inigation of 152 lots.3. use.of water-under this right will be regulated by a watermaster with responsibility for thedistribution of water among appropriators within a water district. nt tne iime ot ttiis approvat, thiswater right is within State Water Distract No. ,120.4 Upon spocific notification of the Department, the right holder shall install and maintain dataloggers to record water usage inlicrmation atthe authorized point(s) of diversion in accorGncewith Department specifications.5. Prior to diversion and usa of w€ter, the right holder shafl install and maintain acceptabremeas-uring device(s) at the authorized point(s) of diversion, in accordance with Depirtmentspecifications.6. Th€ rrrigation occurring under this domestic use shal not exceed r12 acre within each prattedsubdivision lol upon which a home has been constructed. This right does not provioe-tor
---
arrigation of common areas or for inigation ol lots upon which homEs have not been constructeo.7 The domestic use authorized under this right shafl not exceed 13,000 galloni per J"v pui hor"
ATTACHMENT 2 TO APPLICATION
FALLS WATER CO., INC.
Pege 2 State of ldaho
Dopsrtment of Wster Reaourcea
Water Right License
Water Raght No. 25-11236
This license is issued pursuant to the provisions or ldaho code g 42-219 The water right confirmed
by this license is subject to ali prior water rights and shall be used in accordance with ld;ho hw and
applicable rules of the Department of Water Resources.
A-4L
Signed this 15 day ot ..1 aP-zo 2o
'.fr
JAMES CEFALO
Eastern Regional Manager
ATTACHIVIENT 2 TO APPLICATION
FALLS WATER CO., INC.
State of ldaho
Department of Water ResouTces
Water Right
25-14236
DOMESTIC
The map depicts the place of use for the water use listed above and point(s) of diversion of this right as currently
derived from interpretations of the paper records and is used solely for illustrative purposes. Discrepancies between the
computer representation and the permanent document file will be resolved in favor ofthe actualwater right documents
in the water right file.
38E 39E
zto
oz
z$o
o5z
38E 39E
0.5 MilesoPoint of Diversion
Place Of Use Boundary
Townshipr
PLS Sections
Quarter Quarters
0 0.125 0.25
E
ATTACHMENT 2 TO APPLICA
J
II
II
to
n
si
': dF
4; ii'
-l
bt
JSD
I
1 --'
itt
il
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Map produced on July 16, 2020
FALLS WATER CO., INC. N
Page '1 State of ldaho
Department of Wsl€r Resource6
Water Right License
Water Right No. 25-14199
Priority: September 04, 2007 M.ximum Dlveeion Rate: 0.83 CFS
Maximum DlveEion Volume: 156.0 AF
It is hereby certified that:
MORNINGVIEW WATER CO INC
PO BOX 598
RIGBY ID 93442
has complied with the terms and conditions ot the permit, issued pursuant to Application for permit dated
July 31, 2007, and has submitted Proof of Beneficial use on May 08, 2020. An examination confirms
water is diverted from:
Source: GROUNDWATER
Beneficlal Use
DOMESTIC
P6riod ot Uae
01/01 to 12i31
l.lw
Rate of Diversion Annusl Volume
0.83 CFS 156.0 AF
Localion of Point(s) of Diversion
GROUND WATER NW% NE%, Sec. 30, Twp 04N, Rge BgE, B.M. JEFFERSON County
GROUNO WATER NW% NE%, Sec. 30, Twp (XN, Rge 39E, B.M. JEFFERSON Count!
GROUND WATER Ll ( NW% NW7r, Seo. 30, Twp 04N, Rge 39E, B.M. JEFFERSON Ciounty
Placc of U3e: DOMESTIC
ITwp
04N
*nn
Io'l
NE SE
swl-l
I
NE \W LqlV sEi NE NWi SE
SWSecNE
30 x
NW
x
NESESW
X
LI
SW isE
x I
Conditions of Approval
1. Domestic use is for 130 homes.2. Rights 25-14199, 25-14236 and 25-7593 when combined shall not exceed a totat diversion rate of
0.83 cfs for in-house non<onsumptive purposes for 182 homes, and 0.46 cfs and 92 AFA for the
irrigation of 152 lots.3. Use of water under this right may be regutated by a watermaster with responsibility for the
distribution of water among appropriators within a water district. At the time of thil approval, this
water right is within State Water District No. 120.4. Upon specific notification ofthe Department, the right holder shall instal and maintain dataloggers to record water usage information at the authorized point(s) of diversion in accordancewith Department specifications.5. Prior to diversion and use of water under this right, the right holder shall install and mainEin
acceptable measuring device(s) at the authorized point(s) of diversion, in accordance with
Department specifi cations.6. The ifiigation occurring under this domestic use shall not exceed 1/2 acre within each platted
subdivision lot upon whish a home has been constructed. This right does not provide for
inigation of common areas or for irrigation of lots upon which homes have not been constructed.7. The domestic use authorized underthis right shall not exceed 13,000 gallons per day per home.
ATTACHMENT 2 TO APPLICATION
FALLS WATER CO,, INC.
Page 2 State of ldaho
Dspartmont of Watar Rasources
Water Right License
Water Right ltlo. ?5-14159
This license is issued pursuant to the provi8ions of ldaho Code S 42-2 19 The water right confirmed
by this license ls subject to all prior water rights and shall be used in accordance with ldaho law and
applicable rules of the Department ol Water Resources.
h<1t\
Signed this Z) day ol J nr,e,zo?.t
'frfr(-
JAMES CEFALO
Eastern Regional Menager
ATTACHMENT 2 TO APPLICATION
FALLS WATER CO tNc,
State of ldaho
Department of Water Resources
Water Right
25-14199
DOMESTIC
The map depicts the place of use for the water use listed above and point(s) of diversion of this right as currently
derived from interpretations of the paper records and is used solely frcr illustrative purposes. Discrepancies between the
mmputer representation and the permanent document file will be resolved in favor of the actual water right documents
in the water right llle.
38E 39E
z
o
osz
z
o
oz
38E 39E
0.5 MilesoPoint of Diversion
Place Of Use Boundary
Townships
PLS Sections
Ouarler Ouarters
0 0.12s 0.25
E=
ATTACHMENT 2 TO APPLICA
FALLS WATER CO., INC.
Paoe 6 of 1O
N
Map produced on July 16, 2020
bi*.Illn
rrtlrrfl
io Fdr
I
Page 1
Priority: Oclober 10, 1995
BENEFICIAL USE
DOMESTIC
IRRIGATION
State ol ldaho
Oepartment of Water Besources
Water Right License
WATER RIGHT NO. 25.07593
Maximum Diversion Rate:
Maximum Diversion Volume:
0.79 CFS
120.8 AF
It is hereby certif ied that MORNINGVIEW WATER CO INC
PO BOX 598
RIGBY lD 83442 has complied w(h the terms and conditions of the permit,
issued pursuant to Application for Permit dated May 14, 1991; and has submitted Prool ot Benelicial Use
on October 1o, 1995; and a water right has been established as follows:
SOUBCE
GBOUND WATER
PERIOD OF USE DIVEBSION RATE
0.33 CFS
0.46 CFS
ANNUAL
DIVERSION VOLUME
28.8 AF
92.0 AF
01/01 to
04/01 to
12151
10/31
LOCATION OF POI (sl oF DlvEBstoN:
GROUND WATER
GROUND WATER
TlYp Bge Sec
04N 39E 30
NW'r NEro
NWrrNEt,r
Sec. 30
Sec.30
Twp o4N
Twp 04N
Hge 39E, 8.M.
Ftge 39E, B.M.
JEFFEBSON County
JEFFEFISON County
NEx
DOMESTICNEINW
lNwl swl sE I NE lxwlEul sExl
SWNElNwlswlsE SEE IU8 lswl sE TotalsI
I
I
I
I
I
I
I
I
PLACE OF USE: IFIHIGATION
Twp Rge Sec
04N 39E 30
NE
NE lNwlswl sE9,0 14.0
NW
NElNwlgUlSE
SW
NEINWISWISE
sElNElNWlswlsElTotalsI 23.0I
I
I
I
I
I
I
I
Total Acres; 23
CONDITIONS OF APPROVAL1. Useof water under this right will be regulated by a watermaster with responsibility for the distributlrrr
ol water among appropriators within a water drstr,, I At the time ol this approval, this lyater right is
within state water District No. 120
2. Rights 25.14199 and 25-7593 when combined 6hall nol exceed a total diversion rate of 0.83 cts for
in-house non-consumptive purposes and 0.46 cfs and 92 ala lor the irrigation ol 152 lols,
3. Domestic use is for 48 homes. lrrigation ol lawn, garden and landscaplng associated with the home
is aulhorized under lhe irrigation component ol this right.
4. Place ol use is localed within Morningview Subdivision
ATTACHMENT 2 TO APPLICATION
FALLS WATER CO,, INC,
Page 2 State of ldaho
Department ol Water Hesources
Water Hight License
WATER RIGHT NO, 25.07593
CONDITIONS OF APPBOVAL5. The issuance ol this right does not grant any right-otway or easement across the land of another.
6. The use of water underthis right shall not give rise to any claim against the holder of a senior water
right based upon the theories of forfeiture, abandonment, adverse possession, waiver, equitable
estoppel, estoppel by laches or customary preference.
7. This right when combined with all other rights shall provlde no more than o.o2 cls per acre nor more
than 4.o ala per acre al the field headgate for irrigation ol the place of use.
This license is issued pursuant to the provisions of Section 42-219, ldaho Code. The water right
confirmed by this license is subject to all prior water rights and shall be used in accordance with ldaho
law and applicable rules of the Department ol Water Resources.
signeo tnis 314ay of Jdrrrr-Z t-r1 ,zo1p.
_-f
=.--:1,r' for GARY
lnterim
L
/.(
$PdcKMAN
llirector
ATTACHMENT 2 TO APPLICATION
FALLS WATER CO., INC,
State of ldaho
Oepartment of Water Resources
Water Right
25-7593
DOMESTIC
The map depicts the place of use for the water use lisled above and point(s) of diversion of this right as cunently
derived from interpretations of the paper records and is used solely for illustrative purposes. Discrepancies between the
computer representataon and lhe permanent document file will be resolved in favor of the actual water right documents
in the waler right file.
39E
z
o
o Point of Diversion
Place Of Use Boundary
Townships
PLS Sections
Quarter Ouarters
0 0.075 0.'15 0.3 Miles
E
ATTACHMENT 2 TO APPLICATI
FALLS WATER CO., IruC. N
Map produced on July 16, 2020
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Stat6 of ldaho
DepartmBnt of Watel Re3ources
Water Right
25-7593
IRRIGATION
The map depicts the place of use for the water use listed above and point(s) of diversion of lhis right as cunenty
derived from interpretations of lhe paper records and is used solely for illustrative purposes. Discrepancies between the
computer representalion and lhe permanent document file will be resolved in favor of the actuat water right documents
in the water right f le.
39E
o
o Point of DiveBion
Place Of Use Boundary
Townships
PLS Sections
Quarter Quarters
0 0.075 0.15 0.3 Miles
E
ATTACHMENT 2 TO APPLICA
FALLS WATER CO., INC.
Map produced on July 16, 2020
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