2016-08-10_GENERAL DOCUMENTS - M1981185 (2)

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v. Inspect and review any Records required to be kept under the terms and conditions of this Consent Decree or the CWA. B. This provision of the Consent Decree is in addition to, and in no way limits or otherwise affects, the statutory authorities of the United States to conduct inspections, require monitoring, and to obtain information from the Defendants as authorized by law. VIII. DISPUTE RESOLUTION 28. Dispute Resolution Process. Any dispute that arises with respect to the meaning or requirements of this Consent Decree shall be, in the first instance, the subject of informal negotiations between the United States and the Defendants) affected by the dispute. The period for informal negotiations shall not extend beyond 30 days beginning with written notice by one party to the other affected party or parties that a dispute exists, unless agreed to in writing by those parties. If a dispute between the United States and either or both Defendants cannot be resolved by informal negotiations, then the position advanced by the United States shall be binding unless, within 30 days after the end of the informal negotiations period, one or more Defendants file a motion with the Court seeking resolution of the dispute. The motion shall set forth the nature of the dispute and a proposal for its resolution. The United States shall have 30 days to respond to the motion and to propose an alternative resolution. In resolving any such dispute brought before the Court, the Defendants shall bear the burden of proving by a preponderance of the evidence that the United States' position is not in accordance with the objectives of this Consent Decree and the CWA, and that position taken by the moving Defendant or Defendants better meets the terms and conditions of this Consent Decree and the objectives of the CWA. —11— Case 1:16-cv-02008-WYD Document 2 Filed 08/08/16 USDC Colorado Page 13 of 82