20070209Parr Comments.pdf

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Brad M. Purdy
Attorney at Law
2019 N. 17tb St.
Boise, ID. 83702
208.384.1299
Fax: [phone]
bmpurdv~hotmail.com
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Attorney for William
and Elene Parr
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF ALLOCATING THE
UN CERTIFICATED WATER SERVICE
TERRITORY IN THE VICINITY OF EAGLE, IDAHO. CASE NO. GNR-04-
COMMENTS OF WILLIAM
AND ELENE PARR
COMES NOW, William and Elene Parr and, pursuant to that Notice of
Comment/Protest Deadline issued by this Commission on January 17, 2007, submit the
following comments in response to that Motion for Approval of Stipulation filed by
United Water, Inc. and Eagle Water on December 30, 2004, seeking approval of an
allocation of an as of yet uncertificated territory located near the City of Eagle.
Though the Parrs have not formally intervened in this proceeding, they have been
involved in the underlying subject matter from the outset. This was noted by the
Commission in Order No. 29610 issued in Case No. EAG-04-2 on October 14 2004
in which the Commission stated:
We understand that the parties (Eagle Water and United Water) are
working with William and Elene Parr to determine if and how water
service can be provided to their property. The Commission asks that
the parties keep us informed as to the status as to the Parrs' request
for service.
COMMENTS OF WILLIAM AND ELENE PARR
Id. at p. 3.
The Parrs wish to develop their property into multiple residences. They own a
private well on their property but it possesses insufficient capacity and/or water quality to
serve the intended development. Consequently, the Parrs need another source of reliable
potable water.
For the past few years, the Parrs have attempted to obtain a commitment to
provide water service from either Eagle Water or United Water. Those attempts have
been thwarted by the fact that the Parrs live in an area that has yet to be certificated to
any wat~r utility pursuant to Idaho Code Section 61-526.
Following protracted negotiations and urging by the Commission, the two
utilities have finally agreed to an allocation ofthe area in which the Parrs' property is
located. That allocation is set forth in a map attached to the stipulation of which the
utilities now seek Commission approval. As proposed, the ParTS would receive water
service from United Water.
The area is immediately adjacent to United Water s service territory and existing
infrastructure to the east, and Eagle Water s to the west. Consequently, it would simply
involve an extension of existing facilities by either utility to serve the area. As the map
indicates, the allocation splits the area roughly into equal halves. The nature of the land
and dwellings is relatively similar throughout the entire area. Thus, a 50% split is fair
and reasonable.
The Parrs believe that the proposed allocation is in the present and future public
convenience and necessity. There is currently a small subdivision being developed just
north ofthe ParTS' property on Arnold Street that will require utility water service.
COMMENTS OF WILLIAM AND ELENE PARR
In addition, the Parrs are also of the belief that other landowners in the area might
also require such service. The area in question consists of a mix of developed homes and
pasture land, some of which lies fallow. Given that the area is surrounded by new
development, it is certainly not a stretch to assume that additional development will
spread into the ParTS' area and , with it, a need for utility water service. The ParTS submit
that it is not feasible for every landowner to rely upon a private well and will be more
cost effective and convenient for all landowners in the area who wish to develop their
property to have access to utility water service.
In addition, as land is developed in the area, fire hydrants will be installed. There
currently exist few, if any, hydrants in the area. This poses an obvious risk to local
landowners. This is another means by which allocating the area in question to the two
utilities, as proposed, will promote the public convenience and necessity in terms of
health and safety. '
In summary, the Parrs respectfully assert that the Motion to Approve Stipulation
fIled by United Water Inc. and Eagle Water be approved under modified procedure.
RESPECTFULLY SUBMITTED, this 9th day of February, 2007.
.I L /
Brad M. Purdy
Attorney for William and EI
COMMENTS OF WILLIAM AND ELENE PARR
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT HAVE ON THIS 9TH DAY OF FEBRUARY,
2007, SERVED THE FOREGOING COMMENTS OF WILLIAM AND ELENE
PARR BY U.S. POSTAGE, FIRST CLASS, TO THE FOLLOWING:
SCOTT WOODBURY
ASSISTANT ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
(Hand delivered)
DEAN J. MILLER
MCDEVITT & MILLER, LLP
420 W. BANNOCK
BOISE, ID. 83702
ATTORNEY FOR UNITED WATER, INC.
MOLLY O'LEARY
RICHARDSON & O'LEARY, PLLC
515 N. 27
BOISE, ID. 83702
CHARLES R. MICKELSON
DIRECTOR, PUBLIC WORKS
CITY OF BOISE
O. BOX 500
BOISE, ID. 83701
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'-Brad M. Purdy
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COMMENTS OF WILLIAM AND ELENE PARR