PREAMBLE

Inyo County and the City of Los Angeles Department of Water and Power are the Parties to the Long Term Groundwater Management Plan as set forth in the Stipulation and Order for Judgment in Inyo County Superior Court Case No. 12908. The Long Term Groundwater Management Plan formally continues the Inyo County/Los Angeles Standing Committee to represent the Parties in implementing the Plan’s, goals and principles, and provides a process for the Parties to resolve disputes among themselves concerning the Stipulation and Order, the Long Term Groundwater Management Plan, and the Green Book. The Parties, in order to facilitate resolution of such disputes should they arise in the future, desire to, and hereby do, establish procedures by which the Parties invoke and implement such Dispute Resolution process.

The Standing Committee shall have every opportunity to make its own decisions on matters within its jurisdiction.

- Dispute Resolution shall include those matters set forth in Paragraph XXVI A of the Long Term Groundwater Management Plan.

The Dispute Resolution Provisions in Paragraph XXVI of the Long Term Groundwater Management Plan shall be implemented by a fair, simple, and reasonably prompt procedure as set forth below.

- At any time after Dispute Resolution is invoked, and at any point in the Dispute Resolution procedure, a dispute among the Parties may be resolved by unanimous consent of the Standing Committee.

Facts, data, information and evidence submitted to the Mediator(s) and the Superior Court for Dispute Resolution shall be limited to that which was submitted at the Standing Committee Dispute Resolution Hearing described below.

II. REQUEST FOR RESOLUTION ON AN ISSUE

A. TECHNICAL GROUP

In the event that either Party believes that an issue within the jurisdiction of the Technical Group is in need of resolution, that Party may submit a "Request for Resolution" to the Technical Group. Issues within the jurisdiction of the Technical Group are those issues which are to be decided by the Technical Group, or upon which the Technical Group is required to make a recommendation to the Standing Committee as provided in the Long Term Groundwater Management Plan, and the Green Book.

1.    The Request for Resolution shall include the following:

a.    A statement of the nature and subject(s) of the issue;

b.    A statement of the Party’s position on each of the subjects at issue;

c.    Identification of the facts, data, and information which supports the Party’s position(s);

d.    A statement of the Party’s proposed resolution of the issue;

e.    Proposed dates, times, and places for the Technical Group to meet for purposes of resolving the issue.

2. Within fourteen (14) calendar days of the receipt of a written Request for Resolution from either Party, the Technical Group shall convene for the purpose of attempting to resolve the matter.

If the Technical Group agrees on a resolution, that agreement shall be submitted to the Standing Committee for consideration and implementation if concurred with by the Standing Committee. In the event that the Technical Group is unable to resolve a matter, or is unable to make a unanimous recommendation to the Standing Committee, the Technical Group shall make a written report to the Standing Committee setting forth the nature and subject of the issue, the resolutions proposed by the Parties, and explaining the areas of agreement, if any, the subject or subjects of disagreement, and each Party’s argument in favor of its position along with supporting data and background. This report shall be made and served, along with a proof of service upon the Parties, within seven (7) calendar days after the Technical Group meeting, unless the Technical Group by unanimous vote agrees to a longer time period.

B. STANDING COMMITTEE

In the event that either Party believes that an issue that is not within the jurisdiction of the Technical Group is in need of resolution, that Party may submit a "Request for Resolution" to the Standing Committee.

1.    The Request for Resolution shall include the following:

a.    A statement of the nature and subject(s) of the issue;

b.    A statement of the Party’s position on each of the subjects at issue;

c.    Identification of the facts, data, and information which supports the Party’s position(s);

d.    A statement of the Party’s proposed resolution of the issue;

e.    Proposed dates, times, and places for the Standing Committee Group to meet for purposes of resolving the issue.

2.    Within fourteen (14) calendar days of the receipt of either a written Request for Resolution from either Party, or a written report from the Technical Group pursuant to Section II. A. 2. setting forth the nature and subject of an issue that the Technical Group was unable to resolve, the Standing Committee shall convene for the purpose of attempting to resolve the matter.

a.    Once convened the Standing Committee shall deliberate among itself and attempt to reach a resolution of the dispute.

b.    If a resolution is reached, the decision shall be in writing and shall set forth the resolution, the determination of the Standing Committee on the issue, and how the resolution is to be implemented.

III.INVOKING DISPUTE RESOLUTION

As provided for by Paragraph XXVI of the Long Term Groundwater Management Plan, either Party, the City of Los Angeles or the County of Inyo, may invoke dispute resolution as provided in this section.

1.    In the event that the Standing Committee has been unable to resolve the issue presented to it within 21 calendar days after the receipt of a Request for Resolution from either Party, or the receipt of written report from the Technical Group pursuant to Section II.A.2. setting forth the nature and subject of an issue that the Technical Group was unable to resolve, either Party may serve a "Notice of Dispute" not later than fifty-one (51) calendar days after the receipt by the Standing Committee of the Request for Resolution or the receipt of the Technical Group Report.

2.    In the event that at Standing Committee meeting, the Standing Committee has been unable to resolve an issue presented as an item on its meeting agenda, either Party may serve a "Notice of Dispute" ("Notice") not later than thirty (30) calendar days after meeting.

3.    The Notice, along with a proof of service, shall be served upon the other Party as provided in Paragraph XXXI of the Long Term Groundwater Management Plan.

4.    The Party serving a Notice is hereinafter referred to as the "Requesting Party."

5.    The Party receiving a Notice is hereinafter referred to as the "Responding Party."

6.    The Notice shall be in writing and shall include the following:

a.    A statement of the nature and subject(s) of the dispute;

b.    Identification of each specific issue in dispute;

c.    A statement of the Requesting Party’s position on each of the issues in dispute;

d.    For each specific issue in dispute, identification of each and every fact, all data, and information which supports the Requesting Party’s position;

e.    A statement of the Requesting Party’s proposed resolution of the dispute;

f.    A copy of all written evidence, as defined in Evidence Code Section 250, to be submitted by the Requesting Party to the Technical Group and/or Standing Committee for its consideration in the Dispute Resolution Hearing;

g.    For each person who the Requesting Party will offer to provide non-expert testimony to the Technical Group and/or Standing Committee for its consideration in the Dispute Resolution Hearing:

1)    The name, address, phone number, and curriculum vitae of such person; and

2)    The person’s written testimony, which shall clearly identify the facts, data, and information that supports the Requesting Party’s position(s).

h.    For each person who the Requesting Party will offer to provide expert testimony to the Technical Group and/or Standing Committee for its consideration in the Dispute Resolution Hearing:

1)    The name, address, phone number and curriculum vitae of such person;

2)    A statement of qualifications of such person to testify as an expert;

3)    The person’s written testimony, which shall clearly identify each expert opinion as such, and be supported by references to the facts, data, and information that supports the Requesting Party’s position(s).

i) Proposed dates, times, and places for the Standing Committee to meet for purposes of conducting the Dispute Resolution Hearing.

B. RESPONSE TO THE NOTICE OF DISPUTE (RESPONSE)

1.    The Party receiving a written Notice of Dispute shall serve upon the Requesting Party a written Response to the Notice (hereinafter "Response"). The written Response shall include the following:

a)     A statement of the Responding Party’s position on each of the issues in dispute as identified in the Notice;

b)     For each specific issue in dispute, identification of each and every fact, all data, and information which supports the Responding Party’s position(s);

c)     A statement of the Responding Party’s proposed resolution of the dispute;

d)     A copy of all written evidence, as defined in Evidence Code Section 250, to be submitted by the Responding Party to the Technical Group and/or Standing Committee for its consideration in the Dispute Resolution Hearing;

e)     For each person who the Responding Party will offer to provide non-expert testimony to the Technical Group and/or Standing Committee for its consideration in the Dispute Resolution Hearing:

1)    The name, address, phone number, and curriculum vitae of such person; and

2)    The person’s written testimony, which shall clearly identify the facts, data, and information that supports the Responding Party’s position(s).

f)    For each person who the Responding Party will offer to provide expert testimony to the Technical Group and/or Standing Committee for its consideration in the Dispute Resolution Hearing:

1)    The name, address, phone number and curriculum vitae of such person;

2)    A statement of qualifications of such person to testify as an expert;

3)    The person’s written testimony, which shall clearly identify each expert opinion as such, and be supported by references to the facts, data, and information that supports the Responding Party’s position(s).

g) Proposed dates, times, and places for the Standing Committee to meet for purposes of conducting the Dispute Resolution Hearing.

3.    The Response, along with a proof of service, shall be served on the other Party as provided in Paragraph XXXI of the Long Term Groundwater Management Plan so that it is actually received by the Requesting Party not later than thirty (30) calendar days after the Responding Party receives the Notice.

4.    Unless a continuance is granted as provided in Section VII, and except as allowed by Section IV.B.7, failure of the Responding Party to serve the Response within thirty (30) calendar days after receipt of the Notice, precludes the Responding Party from submitting evidence to the Standing Committee for its consideration in the Dispute Resolution Hearing.

C. REPLY TO RESPONSE (REPLY)

1. The Requesting Party shall serve upon the Responding Party a written Reply to Response (hereinafter "Reply"), which may rebut or refute matters raised in the Response. The Reply shall not be used to introduce new evidence which does not fairly rebut or refute matters set forth in the Response.

2. The written Reply may include the following:

a)    Identification of all additional facts, data, and information which rebuts or refutes the Responding Party’s position(s), facts, data, information, or evidence;

b)    A copy of all additional written evidence, as defined by Evidence Code Section 250, to be submitted by the Requesting Party, to the Standing Committee for its consideration in the Dispute Resolution Hearing, which rebuts or refutes the Responding Party’s position(s), facts, data, information, or evidence as set forth in the Response;

c)   For each additional person who the Requesting Party will offer to provide non-expert testimony to the Standing Committee for its consideration in the Dispute Resolution Hearing, for purposes of rebutting or refuting the Responding Party’s position(s), facts, data, and information as set forth in the Response:

1)    The name, address, phone number, curriculum vitae of such person; and

2)    The person’s written testimony, which shall clearly identify the facts, data, and information that rebuts or refutes the Responding Party’s facts, data, and information as set forth in the Response.

d)    For each additional person who the Requesting Party will offer to provide expert testimony to the Standing Committee for its consideration in the Dispute Resolution Hearing, for purposes of rebutting or refuting the Responding Party’s position(s), facts, data, and information as set forth in the Response:

1)    The name, address, phone number and curriculum vitae of such person;

2)    A statement of qualifications of such person to testify as an expert;

3)    The person’s written testimony, which shall clearly identify each expert opinion as such, and be supported by references to the facts, data, and information that rebuts or refutes the Responding Party’s facts, data and information as set forth in the Response.

3.    The written Reply shall include the following:

a)    The actual date, time and place for the Standing Committee to meet for purposes of conducting the Dispute Resolution Hearing; and

b)    A copy of the Agenda and Notice for the Standing Committee to meet for the purposes of conducting the Dispute Resolution Hearing.

4.    The Reply, along with a proof of service, shall be served on the other Party, as provided in Paragraph XXXI of the Long Term Groundwater Plan, so that it is actually received by the Responding Party not later than seven (7) calendar days after the Response is due or the Requesting Party receives the Response, whichever is earlier.

5     Unless a continuance is granted as provided in Section VII, failure of the Requesting Party to serve a Reply within the time provided in Subparagraph 4 above, terminates the Dispute Resolution Process. Further, failure of the Requesting Party to identify and produce rebutted evidence in the Reply, except as allowed by Section IV.B.7. will preclude the Requesting Party from submitting rebuttal evidence other than that already identified and produced in the Notice, to the Standing Committee for its consideration in the Dispute Resolution Hearing.

IV. DISPUTE RESOLUTION HEARING

A. CONVENING THE STANDING COMMITTEE

Unless a continuance is granted as provided in Section VII, the Standing Committee shall convene not less than three (3) nor more than seventeen (17) calendar days after service of the Reply. The exact date, time, and place for the Standing Committee to convene shall be as set forth in the Reply or written continuance.

B. STANDING COMMITTEE DISPUTE RESOLUTION HEARING

1.    Hearing. The Standing Committee when convened for purposes of Dispute Resolution shall conduct a hearing at which the committee shall receive evidence, hear argument, and make a decision concerning the subject(s) in dispute. The evidence shall be limited to that which was identified and set forth in the Notice, Response, Reply, and their proofs of service, along with such evidence as may be admitted under Section 7. a) below. The hearing shall be conducted in accordance with the requirements and procedures set forth below.

2.    Presiding Officer. The Chairman of the Standing Committee shall preside at the hearing, make decisions relating to the conduct of the hearing, and rule on the admission and exclusion of evidence.

3.    Reporting. The proceedings at the hearing shall be reported both electronically by a tape recorder, and by a stenographic reporter. The Requesting Party shall bear the cost of having the stenographic reporter present to report the proceedings.

4.    Procedural Rights. Subject to the limitations set forth in subparagraphs 5 through 7, below, each Party shall have these rights:

- to introduce written evidence;
- to introduce written testimony of witnesses;
- to argue the evidence for and against them.

5.    Order of Proceedings. Unless the Standing Committee by unanimous consent directs otherwise, the hearing shall proceed in the following order:

a)    The Requesting Party may state the issues in dispute, its position and case;

b)    The Responding Party may then state its position and case;

c)    The Requesting Party must then produce the evidence on its part;

d)    The Responding Party may then produce the evidence on its part;

e)    The Parties may then respectively offer rebuttal evidence only, unless the Standing Committee, for good reason, and in furtherance of fairness, permits them to offer evidence upon their original case;

f)    When the evidence is concluded, unless the case is submitted to the Standing Committee without argument, the Requesting Party must commence, and may conclude the argument.

6.    Burden of Proof. A Party has the burden of proof on each fact, the existence or non-existence of which is essential to the position which it is asserting. The Party having that burden is required to establish the existence or non-existence of such facts by a preponderance of the evidence.

7.    Evidence.

a) General Admissibility.

Evidence shall not be introduced or admitted which has not been identified and either produced or set forth in writing, as required by Section III, in the Notice, Response, or Reply, and their proofs of service. Notwithstanding the above, the Parties by mutual consent entered upon the record of the hearing, may upon such terms as are just (including, but not limited to, continuing the hearing for a reasonable period of time), permit a Party to introduce, and may admit, evidence which was not either produced or set forth in the Notice, the Response, or the Reply, so long as the Party offering such evidence has made a good faith effort to comply with Section III and the failure to comply was a result of its mistake, inadvertence, surprise or excusable neglect as those terms are defined in Code of Civil Procedure Section 473.

b) Rules of Evidence.

The hearing need not be conducted according to technical rules related to the evidence and witnesses, except as hereinafter provided. Relevant evidence shall be admitted if it is a sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions.

1.    Hearsay evidence may be used for the purposes of supplementing or explaining other evidence but shall not be sufficient in itself to support the decision of the Standing Committee unless it would be admissible over objection in civil actions.

2.    The rules of privilege shall be effected to the extent that they are otherwise required by statute to be recognized at the hearing.

8.    Decision.

a)    Once the matter is submitted to the Standing Committee, the Committee shall deliberate among itself and reach a decision based upon the application of the "goals" and "principles" and other provisions of the Stipulation and Order For Judgment in Inyo County Superior Court Case No. 12908, the Green Book, the EIR, and the Dispute Resolution Procedures to the evidence properly before it.

b)    The decision shall be in writing and shall set forth the determination of the Standing Committee on the issues presented to it for Dispute Resolution along with the resolution of the dispute and how the resolution is to be implemented. Copies of the decision shall be served, along with a proof of service, upon the Parties as provided for in Paragraph XXXI of the Long Term Groundwater Management Plan.

c)    Unless otherwise agreed by the Committee, the County and the LADWP shall immediately, upon receipt of the decision, implement and follow it.

V. MEDIATION/TEMPORARY ARBITRATION

A.  REQUEST FOR MEDIATION/TEMPORARY ARBITRATION

If the Standing Committee is unable to resolve a dispute within seven (7) calendar days after convening to conduct the Dispute Resolution Hearing, either Party may submit the dispute for mediation/temporary arbitration. Such a submittal shall be made by so notifying the Standing Committee in writing not later than fourteen (14) calendar days after the Standing Committee convenes to conduct the Dispute Resolution Hearing.

B.  MEDIATORS

Mediation/temporary arbitration shall be conducted by three (3) mediators unless a single mediator is agreed upon by the Standing Committee. One (1) mediator shall be selected by Inyo County and one (1) mediator shall be selected by the LADWP. The two (2) mediators selected by the Parties shall select a third mediator.

C.  ADMINISTRATIVE RECORD

At the time the mediator(s) are selected, the Party requesting mediation shall provide to each mediator and the other Party, a certified copy of the Administrative Record of the Dispute. The Administrative Record shall include the following:

1.    Notice and proof of service;

2.    Response to and proof of service;

3.    Reply to and proof of service;

4.    Record of the Hearing before the Standing Committee including all evidence admitted;

5.    Results of votes by the Standing Committee on disputed issues;

6.    Continuances;

7.    Stipulation and Order for Judgment in Inyo County Superior Court Case No. 12908;

8.    The Green Book;

9.    The EIR; and

10.    Inyo/LADWP Dispute Resolution Procedures approved by the Standing Committee.

D.  COSTS

In the event of mediation, each Party will pay their own costs, and one-half of the costs of the mediation. The cost of the mediation includes the expenses of preparing and providing the Administrative Record as required by subparagraph C above.

E. RESULTS OF MEDIATION

If, by the forty-fifth (45^th) calendar day after a Party has invoked mediation, there is no mediated resolution, the dispute continues and the mediators shall present written findings to the Standing Committee. These findings shall be submitted to the Standing Committee not later than the sixtieth (60^th) calendar day after mediation was invoked by a Party. Unless otherwise agreed by the Standing Committee, the County and the LADWP shall immediately implement and follow the findings of the mediators. Any recommendation or finding of the mediators must be based upon the application of the "goals" and "principles" and other provisions of the Stipulation and Order for Judgment in Inyo County Superior Court Case No. 12908, the Green Book, the EIR, and these Procedures, to the evidence properly before the Standing Committee in its Dispute Resolution Hearing.

A.  PROCEDURE

If a dispute has not been resolved by mediated resolution, a Party may submit that dispute for resolution to the Superior Court Judge then assigned to Inyo County Superior Court Case No. 12908, by filing with the Judge, and serving upon the other Party, a memorandum which sets forth the disagreement, the Party’s contentions, its argument in favor of its position, and any supporting evidence and points and authorities. The memorandum shall be filed and served within fifteen (15) calendar days after the issuance of written findings by the mediators unless both Parties agree in writing to a longer time period. The other Party may file a responsive memorandum that sets forth its view of the disagreement, its contentions, its arguments in favor of its position, and any supporting evidence and points and authorities. Such a memorandum shall be filed and served upon the other Party within fifteen (15) calendar days of the service of the initiating papers.

Not later than fifteen (15) calendar days after service of any responsive memorandum, or of the date for serving such a memorandum if none is filed, the Parties shall file with the Judge a joint memorandum setting forth all the relevant factual and legal issues upon which they agree, and all the factual and legal issues to be resolved, together with any additional supporting or rebutting evidence and any additional points and authorities. The Judge will set the matter for hearing, ordinarily within fifteen (15) calendar days after the date of filing the joint memorandum. The Judge shall endeavor to issue a decision on the unresolved factual and legal issues as soon as possible, ordinarily within twenty (20) calendar days after the hearing.

Failure of a party to file the initiating memorandum with the Court within fifteen (15) calendar days, or such other period as both parties have agreed to in writing, precludes a submission of the particular dispute to the Judge.

In the event that the present Superior Court Judge presiding over the Inyo County Superior Court Case No. 12908 ceases to act, the Chair of the Judicial Council shall be requested to assign a successor Judge from a neutral County. The parties will at the time of the request attempt to nominate to the Chair of the Judicial Council a neutral Judge or Judges to serve as the successor Judge.

B.  ADMINISTRATIVE RECORD

At the time of filing its initiating memorandum submitting a dispute to Superior Court for resolution, a Party shall file with the Judge, and serve upon the other Party, a certified copy of the Administrative Record. The Administrative Record shall include the following:

1.    Notice and proof of service;

2.    Response and proof of service;

3.    Reply and proof of service;

4.    Record of the Hearing before the Standing Committee including all evidence admitted;

5.    Results of votes by the Standing Committee on disputed issues;

6.    Continuances;

7.    Stipulation and Order for Judgment in Inyo County Superior Court Case No. 12908;

8.    The Green Book;

9.    The EIR; and

10.    Inyo/LADWP Dispute Resolution Procedures approved by the Standing Committee.

C.  ISSUES AND EVIDENCE BEFORE THE COURT

The Superior Court in making its Dispute Resolution determination will not consider any issue or evidence which was not properly before the Standing Committee in its Dispute Resolution Hearing. The Parties in their memoranda to the Superior Court will only cite as supporting evidence that which was properly before the Standing Committee in its Dispute Resolution Hearing.

D.  STANDARD OF REVIEW

A Superior Court will use its independent judgment in making a determination on the issues in dispute. Its determination must be based upon the application of the "goals" and "principles" and other provisions of the Stipulation and Order for Judgment in Inyo County Superior Case No. 12908, the Green Book, the EIR, and the Dispute Resolution Procedures to the evidence properly before the Standing Committee in its Dispute Resolution Hearing.

E.  EFFECT OF COURT RESOLUTION

The decision of the Judge shall be binding on Parties. No appeal of the Judge’s decision may be made, except as provided in California Code of Civil Procedure Section 1284, and Sections 1285-1294.2, providing that the time limit to serve and file a Petition to Confirm pursuant to Section 1288 shall be reduced to one hundred eighty (180) days.

A.    It is anticipated that continuances may be necessary to comply with these Dispute Resolution Procedures. The Parties by mutual consent may continue the dates for service of the Notice, Response, and Reply, and continue the Technical Group and/or Standing Committee Meetings. Such continuances shall be granted to ensure that each Party has adequate time to prepare the Notice, Response, and Reply as required, to be fully prepared to participate in dispute resolution, and to ensure that the Technical Group and Standing Committee has adequate time to hear and decide matters in dispute resolution.

B.    Continuances shall be granted on such conditions as are necessary to ensure that neither Party is disadvantaged by the continuance.

C.    Continuances which extend the date for convening the Standing Committee for purposes of conducting the Dispute Resolution Hearing by more than sixty (60) days should not be granted except for reasons beyond the control of the Party requesting such continuance.

D.    All continuances shall be in writing and the Parties hereby respectively delegate authority to their representative listed below, to enter into and grant continuances in this Dispute Resolution Procedure:

E.    On behalf of the City of Los Angeles Department of Water and Power:

the Assistant General Manager – Water

On behalf of the County of Inyo:

the Chief Administrative Officer

VIII. BROWN ACT COMPLIANCE

A.    Meetings of the Inyo County/Los Angeles Standing Committee, and the Inyo County Los Angeles Technical Group, convened for the purposes of Dispute Resolution under paragraph XXVI B of the Long Term Groundwater Management Plan, shall be conducted in accordance with the provisions of the Ralph M. Brown Act (Government Code Section 54950 et seq.).

B.    The Requesting Party shall be responsible for preparing the Agenda and providing notice as required by the Brown Act for meetings of the Technical Group and Standing Committee under these procedures.

Except as expressly provided in paragraph D of Section VII Continuances, above, the Inyo County/Los Angeles Standing Committee Dispute Resolution Procedures are not intended to, and do not create, vest, or delegate any right, power, or privilege in or to any person, association, corporation, governmental entity, or municipality, which is not a Party to the Stipulation and Order for Judgment in Inyo County Superior Court Case No. 12908.

To the extent the Dispute Resolution Procedures set forth above are, or may be, inconsistent, or in conflict, with those set forth in Paragraph XXVI of the Long Term Groundwater Management Plan, the Parties by their approval of these Dispute Resolution Procedures hereby expressly waive any such inconsistency or conflict and agree to follow and be bound by these Dispute Resolution Procedures.

APPROVED: