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share of such agreed upon funding. Funds remitted to the
Commission by a state in payment of such obligation shall
not lapse; provided, however, that if any state fails to
remit payment within 90 days after payment is due, such
obligation shall terminate and any state which has made
payment may have such payment returned. Costs of at-
tendance and participation at meetings of the Commission
by the Federal Commissioner shall be paid by the United
States.
‘‘ARTICLE XIII
‘‘DISPUTE RESOLUTION
‘‘(a) In the event of a dispute between two or more
voting members of this Compact involving a claim relating
to compliance with the allocation formula adopted by the
Commission under this Compact, the following procedures
shall govern:
‘‘(1) Notice of claim shall be filed with the Commis-
sion by a voting member of this Compact and served upon
each member of the Commission. The notice shall provide
a written statement of the claim, including a brief nar-
rative of the relevant matters supporting the claimant’s
position.
‘‘(2) Within twenty (20) days of the Commission’s re-
ceipt of a written statement of a claim, the party or parties
to the Compact against whom the complaint is made may
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prepare a brief narrative of the relevant matters and file
it with the Commission and serve it upon each member
of the Commission.
‘‘(3) Upon receipt of a claim and any response or re-
sponses thereto, the Commission shall convene as soon as
reasonably practicable, but in no event later than twenty
(20) days from receipt of any response to the claim, and
shall determine if a resolution of the dispute is possible.
‘‘(4) A resolution of a dispute under this Article
through unanimous vote of the State Commissioners shall
be binding upon the state parties and any state party de-
termined to be in violation of the allocation formula shall
correct such violation without delay.
‘‘(5) If the Commission is unable to resolve the dis-
pute within 10 days from the date of the meeting convened
pursuant to subparagraph (a)(3) of this Article, the Com-
mission shall select, by unanimous decision of the voting
members of the Commission, an independent mediator to
conduct a non-binding mediation of the dispute. The medi-
ator shall not be a resident or domiciliary of any member
state, shall not be an employee or agent of any member
of the Commission, shall be a person knowledgeable in
water resource management issues, and shall disclose any
and all current or prior contractual or other relations to
any member of the Commission. The expenses of the medi-
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ator shall be paid by the Commission. If the mediator be-
comes unwilling or unable to serve, the Commission by
unanimous decision of the voting members of the Commis-
sion, shall appoint another independent mediator.
‘‘(6) If the Commission fails to appoint an independ-
ent mediator to conduct a non-binding mediation of the
dispute within seventy-five (75) days of the filing of the
original claim or within thirty (30) days of the date on
which the Commission learns that a mediator is unwilling
or unable to serve, the party submitting the claim shall
have no further obligation to bring the claim before the
Commission and may proceed by pursuing any appropriate
remedies, including any and all judicial remedies.
‘‘(7) If an independent mediator is selected, the medi-
ator shall establish the time and location for the mediation
session or sessions and may request that each party to
the Compact submit, in writing, to the mediator a state-
ment of its position regarding the issue or issues in dis-
pute. Such statements shall not be exchanged by the par-
ties except upon the unanimous agreement of the parties
to the mediation.
‘‘(8) The mediator shall not divulge confidential in-
formation disclosed to the mediator by the parties or by
witnesses, if any, in the course of the mediation. All
records, reports, or other documents received by a medi-
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ator while serving as a mediator shall be considered con-
fidential. The mediator shall not be compelled in any ad-
versary proceeding or judicial forum to divulge the con-
tents of such documents or the fact that such documents
exist or to testify in regard to the mediation.
‘‘(9) Each party to the mediation shall maintain the
confidentiality of the information received during the me-
diation and shall not rely on or introduce in any judicial
proceeding as evidence:
‘‘a. Views expressed or suggestions made by another
party regarding a settlement of the dispute;
‘‘b. Proposals made or views expressed by the medi-
ator; or
‘‘c. The fact that another party to the hearing had
or had not indicated a willingness to accept a proposal
for settlement of the dispute.
‘‘(10) The mediator may terminate the non-binding
mediation session or sessions whenever, in the judgment
of the mediator, further efforts to resolve the dispute
would not lead to a resolution of the dispute between or
among the parties. Any party to the dispute may termi-
nate the mediation process at any time by giving written
notification to the mediator and the Commission. If termi-
nated prior to reaching a resolution, the party submitting
the original claim to the Commission shall have no further
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obligation to bring its claim before the Commission and
may proceed by pursuing any appropriate remedies, in-
cluding any and all judicial remedies.
‘‘(11) The mediator shall have no authority to require
the parties to enter into a settlement of any dispute re-
garding the Compact. The mediator may simply attempt
to assist the parties in reaching a mutually acceptable res-
olution of their dispute. The mediator is authorized to con-
duct joint and separate meetings with the parties to the
mediation and to make oral or written recommendations
for a settlement of the dispute.
‘‘(12) At any time during the mediation process, the
Commission is encouraged to take whatever steps it deems
necessary to assist the mediator or the parties to resolve
the dispute.
‘‘(13) In the event of a proceeding seeking enforce-
ment of the allocation formula, this Compact creates a
cause of action solely for equitable relief. No action for
money damages may be maintained. The party or parties
alleging a violation of the Compact shall have the burden
of proof.
‘‘(b) In the event of a dispute between any voting
member and the United States relating to a state’s non-
compliance with the allocation formula as a result of ac-
tions or a refusal to act by officers, agencies or instrumen-
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talities of the United States, the provisions set forth in
paragraph (a) of this Article (other than the provisions
of subparagraph (a)(4)) shall apply.
‘‘(c) The United States may initiate dispute resolu-
tion under paragraph (a) in the same manner as other
parties to this Compact.
‘‘(d) Any signatory party who is affected by any ac-
tion of the Commission, other than the adoption or en-
forcement of or compliance with the allocation formula,
may file a complaint before the ACF Basin Commission
seeking to enforce any provision of this Compact.
‘‘(1) The Commission shall refer the dispute to an
independent hearing officer or mediator, to conduct a
hearing or mediation of the dispute. If the parties are un-
able to settle their dispute through mediation, a hearing
shall be held by the Commission or its designated hearing
officer. Following a hearing conducted by a hearing offi-
cer, the hearing officer shall submit a report to the Com-
mission setting forth findings of fact and conclusions of
law, and making recommendations to the Commission for
the resolution of the dispute.
‘‘(2) The Commission may adopt or modify the rec-
ommendations of the hearing officer within 60 days of
submittal of the report. If the Commission is unable to
reach unanimous agreement on the resolution of the dis-
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pute within 60 days of submittal of the report with the
concurrence of the Federal Commissioner in disputes in-
volving or affecting federal interests, the affected party
may file an action in any court of competent jurisdiction
to enforce the provisions of this Compact. The hearing of-
ficer’s report shall be of no force and effect and shall not
be admissible as evidence in any further proceedings.
‘‘(e) All actions under this Article shall be subject to
the following provisions:
‘‘(1) The Commission shall adopt guidelines and pro-
cedures for the appointment of hearing officers or inde-
pendent mediators to conduct all hearings and mediations
required under this Article. The hearing officer or medi-
ator appointed under this Article shall be compensated by
the Commission.
‘‘(2) All hearings or mediations conducted under this
article may be conducted utilizing the Federal Administra-
tive Procedures Act, the Federal Rules of Civil Procedure,
and the Federal Rules of Evidence. The Commission may
also choose to adopt some or all of its own procedural and
evidentiary rules for the conduct of hearings or mediations
under this Compact.
‘‘(3) Any action brought under this Article shall be
limited to equitable relief only. This Compact shall not
give rise to a cause of action for money damages.