(1) The purpose of these rules is to define the dispute resolution process provided for in Article III.F. of the Yellowstone River Compact.

(2) The goal of the dispute resolution process is to encourage joint problem solving and consensus building. It consists of three phases: unassisted negotiation, facilitation, and voting.

(3) Any agreement reached through this process is binding on Montana, Wyoming, and the United States geological survey (USGS) .

(4) Either state can initiate the dispute resolution process established in these rules and the other state is obligated to participate in good faith. The issues pursued under this dispute resolution process shall be both substantive and require timely resolution.

(1) In the process of administering the Yellowstone River Compact, the representatives from Montana and Wyoming seek consensus.

(2) Consensus is an agreement that is reached by identifying the interests of Montana and Wyoming and then building an integrative solution that maximizes the satisfaction of as many of the interests as possible. The process of seeking consensus does not involve voting, but a synthesis and blending of alternative solutions.

(1) In all situations, the representatives from Montana and Wyoming shall first attempt to seek consensus through unassisted negotiation. The federal representative will not serve as chairperson in the unassisted negotiation process.

(2) During a negotiation process, the representatives from Montana and Wyoming shall identify issues about which they differ, educate each other about their needs and interests, generate possible resolution options, and collaboratively seek a mutually acceptable solution.

(3) To help facilitate negotiations, the representatives from Montana and Wyoming in cooperation with the USGS agree to share technical information and develop joint data bases. Other data sources may also be used.

(4) The USGS shall serve as technical advisor in the two-state negotiations.

(1) If the representatives from Montana and Wyoming are not able to reach consensus through unassisted negotiation, they shall each identify, articulate, and exchange, in writing, the unresolved issues.

(2) The representatives from Montana and Wyoming shall then jointly appoint a facilitator to assist in resolving the outstanding dispute. If the representatives from Montana and Wyoming cannot identify a mutually acceptable facilitator, the representative appointed by the USGS shall appoint a facilitator.

(3) A facilitator, for purposes of this rule, is defined as a neutral third party that shall help the representatives from Montana and Wyoming communicate, negotiate, and reach agreements voluntarily. The facilitator is not empowered to vote or render a decision.

(4) The facilitator shall assist the representatives from Montana and Wyoming in developing appropriate ground rules for each facilitated session including establishing a deadline for completion of the facilitation process, setting an appropriate agenda, identifying issues, collecting and analyzing technical information, developing options, packaging agreements, and preparing a written agreement. The facilitator may meet privately with each representative during the facilitation process.

(1) If the representatives from Montana and Wyoming are unable to reach consensus with the assistance of a facilitator, a dispute may be settled by voting.

(2) The representatives from Montana and Wyoming, along with the representative appointed by the director of the USGS, are each entitled to one vote.

(3) If the USGS representative does not vote in accordance with Article III.F., then the director of the USGS will select, with concurrence from Wyoming and Montana, a neutral third party to vote.

(4) If the representative appointed by the director of the USGS is not involved in the steps outlined in ARM 36.26.103 and 36.26.104, each state shall have the opportunity to present appropriate information to that representative. This information may be presented through both oral presentations and written documents. All information will be shared with the other state. The representative of the USGS may also consult the facilitator in an attempt to resolve any disputes.

(5) The USGS shall pay the expenses of the representative appointed by the director of the USGS.

(6) Points of disagreement shall be resolved by a majority vote.

(1) The USGS will pay one-half and the states of Montana and Wyoming shall each pay one-quarter of the expenses of the facilitator, which shall not exceed $10,000, unless agreed to by both states and the USGS.

(1) These rules may be amended or revised by a unanimous vote of the commission.