Barker Rosholt & Simpson LLP

Hydropower

Barker Rosholt & Simpson, LLP, has a long history of assisting our clients make the most of the valuable renewable energy resource that their water rights interests in the State of Idaho provide. Through the years we have provided legal guidance through the Federal Energy Regulatory Commission’s licensing and exemption process, Idaho Department of Water Resources administrative permitting, contracting with the Bureau of Reclamation and Army Corps of Engineers, consulting with the resource agencies, and assisting with power sale and construction contracts, to bring hydroelectric facilities on-line for our clients. In addition, Barker Rosholt & Simpson has engaged a tremendous team of experts in the fields of hydroelectric facility design and construction, energy production forecasting, power sales contracting, and bond financing who regularly consult with the Barker Rosholt & Simpson team to make hydroelectric production possible for our clients. Following is a list of some of the hydroelectric plants that Barker Rosholt & Simpson has helped make a reality.

Arrowrock Hydroelectric Facility

The Arrowrock Hydroelectric Project is located on the Boise River immediately downstream of the Arrowrock Dam, which is operated by the Bureau of Reclamation. This 15 MW facility that began commercial operation on April 1, 2010. The Boise Project Board of Control holds a License from the Federal Energy Regulatory Commission (FERC) for this project, No. 4656. This project required Acts of Congress, FERC Orders, contracts, Endangered Species Act consultation, and elections to become a reality.

Lucky Peak

In 1988, four of the five irrigation districts of the Boise Project Board of Control, under a FERC license, completed construction of a 3 unit power plant at Lucky Peak Dam which includes one 11.25 MW unit and two 4.5 MW units for a total capacity of 101.25 MWs. We continue as counsel to this project for operations.

Mora Drop Hydroelectric Facility

This facility was built at Mora Drop on a canal operated by the Boise Project Board of Control. The plant has a capacity of 1.9 MW and supplies electricity to Idaho Power pursuant to the PUC’s PURPA contracts. The Boise Project Board of Control holds an exemption from the Federal Energy Regulatory Commission (FERC) for this project, Mora Drop, No. 3403. The project was completed on October 30, 2006.

Arena Drop

The Arena Drop hydropower facility is currently under construction at Arena Drop on a canal operated by the Boise Project Board of Control. The plant will have a generation capacity of 400kW and will supply electricity to Idaho Power pursuant to the PUC’s PURPA contracts. The Boise Project Board of Control holds an exemption from the Federal Energy Regulatory Commission (FERC) for this project, Arena Drop, No. 4858. Construction on the project should be completed in July of 2010 and power testing at the facility is due to begin in late July or early August of 2010.

North Side Canal Company Hydropower Projects

After the passage of the Public Utilities Regulatory Policy Act (PURPA) the North Side Canal Company has pursued the development of many hydropower projects within the service area of the Canal Company, and assigns all of its hydropower interests to North Side Energy Company, Inc., a wholly owned subsidiary of the Canal Company. At present there are four active hydropower projects producing power during the irrigation season in the service area of North Side Canal Company. By-Pass hydropower project is a 9.96 MW conduit exempt facility built by Sithe Energies and operated by ENEL. This project is due to return to North Side’s ownership and operation at the expiration of the lease with ENEL is 2017. Hazelton A is a 7.70 MW conduit exempt facility also built by Sithe Energies and operated by ENEL, which is due to return to North Side Canal Company in 2020. Hazelton B is a 7.70 MW conduit exempt project built and operated by Ida-West, and will remain in joint ownership with North Side after debt amortization of the project. Wilson Lake is an 8.40 MW conduit exempt project built and operated by Ida-West in equal ownership with North Side Canal Company. In addition to the projects listed above, North Side Canal Company receives royalties from five small privately owned and operated hydropower projects built at the end of North Side’s canals and laterals. North Side Canal Company continues to explore and investigate additional sites within its service area that demonstrate a good potential for additional hydropower development..

Milner Dam

North Side Canal Company and Twin Falls Canal Company own Milner Dam in southern Idaho, which serves as a storage reservoir and as the diversion dam for deliveries to both irrigation companies. Jointly, the companies provide irrigation water to over 360,000 acres in southern Idaho. In 1977, after the Idaho Department of Water Resources suggested to the Canal Companies that Milner Dam would be a good location for a hydropower facility, the Companies applied to the Federal Energy Regulatory Commission for a license to install a power plant at the project. Although the licensing and construction of the project posed some challenges, not the least of which was rebuilding the dam due to structural safety concerns, in 1993 the Milner hydropower project was completed. It consists of one 46 MW unit and another 11.5 MW unit. Barker Rosholt & Simpson, LLP continues as counsel to these Canal Companies and continues to assist them through the state water right licensing process.

Twin Falls Canal Company Hydropower Projects

The Twin Falls Canal Company jointly owns and operates the Forks Project, a 12 MW hydropower project with Ida-West located at the point where Twin Falls Canal Company’s Low Line Canal forks off its main delivery canal. In addition, Twin Falls Canal Company operates the Midway and Lower Low Line hydropower projects. Both are 2 MW conduit exemptions which operate during the irrigation season. In addition, the Twin Falls Canal Company also receives royalties from four small privately owned and operated projects built at the end of Twin Falls Canal Company’s canal and laterals at points where the irrigation water leave the Company’s boundaries.