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

[Rob Wilson-Hoss]

For HOA lawyers, this can be an issue when the association wants to be
friendly to the people who are good neighbors who live next door and it
would be so easy to just hook them up and charge the same fee... Oops. Now
they are regulated by the UTC. If this is your client, look at the WACs very
carefully. 

 

Rob

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

 

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From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jamie Morin
Sent: Wednesday, October 14, 2015 3:01 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Property rights of private "public" water systems

 

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

 <mailto:morin at mentorlaw.com> 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] 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

 <mailto:morin at mentorlaw.com> 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: Monday, October 12, 2015 12:25 PM
To: WSBA Real Property Listserv <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] 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 | Attorney Profile
<http://www.witherspoonkelley.com/john-riley-1>  | vCard
<http://www.witherspoonkelley.com/s/jmr.vcf> 

 


 <http://www.witherspoonkelley.com> 

422 W. Riverside Ave, Ste 1100
Spokane, WA 99201 
(509) 624-5265 (office)
(509) 458-2728 (fax)
witherspoonkelley.com 

 

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From: 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)
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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