Res 1994-166 - Laserfiche WebLink

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3~)tI1 Grandfathered water exporters, and any exceptions or exemptions shall be subject to a respective District's plans as required herein and District rules. The Parties may seek additional legislative authority to regulate exports of water outside a District, including: (1) imposition of export fees at the discretion of each District to replenish exported water, or (2) varying fees based on levels of production for exports. 5.13. Production Mana~ement. The Parties agree that production must be managed to prevent over-production and depletion of the Aquifer. 5.14. Water Markets. The Parties agree that when approved by a District, water markets may be allowed within such District including water rights transfers and the abatement or retirement of water rights. Policies implemented by the Parties will require that: (1) water market transactions, i.e., purchase, transfer or retirement, will be conducted on a free market basis; and (2) the particular District approve the transaction, and (3) time duration elements ~ sPecified in the water market transactions. 6. \V A TER AND OTHER PROPERTY RIGIITS. Nothing in this Contract creates or diminishes water rights or other pro~rty rights recognized under law. 7. DISPUTE RESOLUTION. All claims and controversies arising out of or relating to this Contract shall be referred for resolution immediately by each Party to its General Manager. If the General Managers are unable to resolve the dispute in fifteen (15) days, they shall refer the dispute to their respective Board of Directors for resolution. If the Board of Directors are unable to resolve the dispute within fifteen (15) days after it is referred to them, then any Party, before taking further action, shall first initiate action to resolve the dispute by referring the dispute to mediation as provided below. C" The Parties agree to submit any dispute or controversy arising out of or relating to this Contract, which has not been resolved under the procedures established above, to nonbinding mediation to be held in accordance with the provisions of the Commercial Mediation Rules of the American Arbitration Association. The Parties agree that their participation in the mediation and the entire mediation proceeding, including but not limited to all statements, discussions, conduct, rulings, fmdings or determinations in that mediation proceeding or relating to it, will be confidential, will constitute settlement negotiations under Rule 408 of the Federal Rules of Evidence, and will not be admissible in any proceeding or action of any kind and that neither Party will introduce or attempt to introduce the above in any proceeding or action. The Parties agree to perform whatever steps are necessary to ensure that the mediation proceeding complies with the provisions of this Section. - 9 - '. , ~