Slette_ws.doc

January 10, 2000

Gary D. Slette
Rosholt, Robertson & Tucker, Cht’d
PO Box 1906
Twin Falls, ID 83303-1906

Dear Gary:

This is in response to your correspondence to me dated January 7, 2000, regarding the possible regulatory requirements for an irrigation system proposed to be developed in Twin Falls. You indicated that the water to be delivered would be diverted from the Twin Falls Canal Company, a Carey Act operating company, and would be used as a separate water system to provide non-potable water for irrigation. Your letter asked for “an official determination from the Idaho Public Utilities Commission concerning its authority with regard to this proposal.”

Idaho Code § 61-124 defines the term “water system” as used in the public utilities laws. Although water system is defined broadly to include irrigation systems, the section also contains an exception which exempts Commission authority from most irrigation systems in Idaho. The second paragraph of Section 61-124 excludes from PUC jurisdiction, control or regulation any water system which consists of a canal system or irrigation project that is constructed to utilize Carey Act water. It may be that, because the water your clients intend to use for irrigation purposes is Carey Act water, the PUC would have no jurisdiction to regulate the water system. However, without knowing more about the system proposed by your client, it is not possible to provide a definitive answer to your question.

I will provide your letter to Scott Woodbury, our Deputy Attorney General who is most familiar with the Commission’s authority in regard to water systems. We are happy to discuss with you more specifically your proposal to ascertain whether the Commission would be obligated to provide regulatory oversight. Please contact me if we can be of further assistance.

Sincerely,

Weldon B. Stutzman
Deputy Attorney General

cc: Scott Woodbury, Deputy Attorney General
Vld/L:Slette_ws