IV. Position of ORA

ORA contends that by "developing, storing, supplying, distributing and selling water for irrigational, municipal and domestic use" the Keene Water System has become a public utility water system subject to the Commission's regulation. ORA argues that Union Pacific's claim that water is provided only as an accommodation should be dismissed because water was provided following abandonment in 1994 of the pipeline from Tehachapi.

Further, ORA argues that Union Pacific drilled new wells for the exclusive purpose of serving existing Keene Water System customers. ORA also argues that since Keene Water System no longer provides any service to Union Pacific, the system has been dedicated to public use.