Concurrent operations -- Breach, disagreement, or conflict -- Disputes

(1) Two or more operators may conduct concurrent operations on the Great Salt Lake under a cooperative agreement upon stipulation and agreement that the operations can be: (a) conducted simultaneously without unreasonably interfering with the value of the resources being produced; (b) conducted simultaneously without unreasonably interfering with natural resources of the Great Salt Lake; and (c) conducted without unreasonably interfering with, or unnecessarily raising the cost of operations of another operator, unless the other affected operator is compensated for increased costs or diminished returns. (2) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, providing for the procedures the division and operators shall follow to: (a) enable the division to enforce applicable statutes and rules on operators, including the issuance of notices of violation or cessation orders; (b) assist in the timely resolution of disputes that may arise during the formation of a cooperative agreement; (c) cure a breach of a mitigation plan; or (d) resolve a continued disagreement or conflict regarding continued negative impacts to biota or chemistry due to continuing concurrent operations. (3) If any dispute between operators under Subsection (2) has not been resolved through an informal administrative dispute resolution process created by the division, the division shall resolve the dispute by a final record of decision to be issued no more than 30 days after notice to the division by an aggrieved operator that informal dispute resolution has been unsuccessful.