[WSBARP] Property rights of private "public" water systems

[Jamie Morin]

Eric:  Your assessment is correct-homeowners associations, corporations where all the service connections are shareholders, etc., are not under the jurisdiction of the WUTC.  Think of it in terms of representation-if the water users have a vote in the corporation's assessment of charges, no WUTC jurisdiction.  If water users don't have representation, WUTC jurisdiction provides consumer protections not otherwise available.

Jamie M. Morin | Attorney
MENTORLAWGROUP, PLLC
Phone (206) 838-7654 | Cell (206) 498-2381
morin at mentorlaw.com<mailto:morin at mentorlaw.com> | www.mentorlaw.com

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Wednesday, October 14, 2015 1:27 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Property rights of private "public" water systems

Thanks Jamie! I see under WAC 480-110-255<http://apps.leg.wa.gov/wac/default.aspx?cite=480-110&full=true#480-110-255>(2)(e) that WUTC jurisdiction does not include "mutual corporations or similar entities that provide service only to their owners or members." Rather its jurisdiction is over "investor-owned water companies." So that sounds like the jurisdiction is essentially for private companies who own a water system? Most privately owned systems I am aware of are owned by the people who receive the water service, which seems to fall under the exception to jurisdiction.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA 98101-2837
phone 206-625-0092
fax 206-625-9040

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jamie Morin
Sent: Wednesday, October 14, 2015 12:57 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Property rights of private "public" water systems

If the corporate entity is a private corporation [as opposed to a municipal or quasi municipal corporation (city, county, special purpose dist) or homeowners association], the entity may still be regulated by the Washington Utilities and Transportation Commission with respect to its financial operation.  WUTC jurisdiction kicks in at 100 customers or rates over $557 per customer per year.   This is in addition to WDOH regulation for public health and safety under the Safe Drinking Water Act; and WDOE regulation of water rights.

Jamie M. Morin | Attorney
MENTORLAWGROUP, PLLC
Phone (206) 838-7654 | Cell (206) 498-2381
morin at mentorlaw.com<mailto:morin at mentorlaw.com> | www.mentorlaw.com

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Monday, October 12, 2015 12:25 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Property rights of private "public" water systems

Thanks John--Yes, I do know that they are often by private agreement/restrictive covenants. Which means as far as I can tell that it's essentially a private ordering of property and water rights, subject only to DOH's health and safety concerns. Is that your experience? There's little in the way of state requirements for how fees are charged, how they're collected, penalties/suspending service for failure to pay, etc.?

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040



From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of John M. Riley III
Sent: Monday, October 12, 2015 12:07 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Property rights of private "public" water systems

Eric:

Here in eastern Washington a lot of them are by private agreement or via a set of restrictive covenants.   Check with the WSDOH -- I  bet they may be able to steer you to a project so you could contact the project oversight persons/group to get copies of documents.

John Riley


John M. Riley, III

Principal | Witherspoon * Kelley

jmr at witherspoonkelley.com<mailto:jmr at witherspoonkelley.com> | Attorney Profile<http://www.witherspoonkelley.com/john-riley-1> | vCard<http://www.witherspoonkelley.com/s/jmr.vcf>


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422 W. Riverside Ave, Ste 1100
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Monday, October 12, 2015 10:52 AM
To: WSBA Real Property listserve (wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>)
Subject: [WSBARP] Property rights of private "public" water systems

I am trying to wrap my head around the general organizational types for water service to multiple properties. It looks to me like there are a few different types of governmental water service, all municipal corporations or direct operation by a local government, either under County authority (RCW 36.94), or formation of a water-sewer district (Title 57 RCW), or annexation by a city (RCW 35.13A).

But am I right in thinking that a "Group A public water system" is by definition a private entity, and never a municipal corporation of any kind? Of course the water service is regulated for health purposes by either the state or a County Department of Health, but it seems to me that the private ownership of the water system can be organized in virtually any fashion.

Are there statutory or regulatory restrictions (or case law) on a private water system's authority to charge fees, assess penalties, accumulate reserves, etc.? Imposing due process requirements, equal treatment, etc.?

If there is a reference resource that I can use to look at this kind of information, please I'd love to find it. Thanks!

Sincerely,

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040

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