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shall first submit the matter to the State Engineer of the State where the party has <br />an actual interest. The matter under dispute shall include a specific definition of <br />the issue and supporting materials. If resolution of the matter requires the <br />participation of the other State, a copy of the issue documents and supporting <br />materials shall be submitted by the State Engineer to the State Engineer of the <br />other State along with a proposed schedule for resolution. The State Engineers of <br />Utah and Colorado shall attempt to resolve any dispute by special meeting at <br />which the issue is addressed or within a schedule agreed to by both State <br />Engineers. If the State Engineers are unsuccessful in resolving the controversy, <br />and the State raising the dispute desires to proceed, the dispute shall be submitted <br />to non - binding arbitration unless otherwise agreed to by both the States of Utah <br />and Colorado. Written notice for pursuing resolution through non - binding <br />arbitration by a State shall be provided to the other State and shall include the <br />time frame designation, a written description of the scope of the dispute, with <br />sufficient detail to provide an understanding of the substance of the dispute and <br />all related issues, and sufficient information for the other State to identify the <br />technical skills that should be possessed by potential arbitrators necessary to <br />resolve the dispute. The States may agree that the arbitration shall be binding, but <br />no State shall be subject to binding arbitration without its express written consent. <br />9. Modification and Termination of Memorandum of Understanding and <br />Agreement - -This Memorandum of Understanding and Agreement and any <br />attachment may be modified or terminated at any time by the mutual consent, in <br />7 <br />