Page:United States Statutes at Large Volume 63 Part 1.djvu/200

 PUBLIC LAWS-CH. 184-JUNE 9,1949 Pecos River Com- mission. U. S. Commissioner. Transmittal of budget. (f) No reservoir shall be constructed and operated in New Mexico above Avalon Dam for the sole benefit of Texas unless the Commission shall so determine. (g) New Mexico and Texas each has the right to construct and operate works for the purpose of preventing flood damage. (h) All facilities shall be operated in such manner as to carry out the terms of this Compact. ARTICLE V (a) There is hereby created an interstate administrative agency to be known as the "Pecos River Commission." The Commission shall be composed of one Commissioner representing each of the states of New Mexico and Texas, designated or appointed in accord- ance with the laws of each such state, and, if designated by the President, one Commissioner representing the United States. The President is hereby requested to designate such a Commissioner. If so designated, the Commissioner representing the United States shall be the presiding officer of the Commission, but shall not have the right to vote in any of the deliberations of the Commission. All members of the Commission must be present to constitute a quorum. (b) The salaries and personal expenses of each Commissioner shall be paid by the government which he represents. All other expenses which are incurred by the Commission incident to the administration of this Compact and which are not paid by the United States shall be borne equally by the two states. On or before November 1 of each even numbered year the Commission shall adopt and transmit to the Governors of the two states and to the President a budget covering an estimate of its expenses for the following two years. The payment of the expenses of the Commission and of its employees shall not be subject to the audit and accounting procedures of either of the two states. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a qualified independent public accountant and the report of the audit shall be included in, and become a part of, the annual report of the Commission. (c) The Commission may appoint a secretary who, while so acting, shall not be an employee of either state. He shall serve for such term, receive such salary, and perform such duties as the Commission may direct. The Commission may employ such engineering, legal, clerical, and other personnel tas in its judgment may be necessary for the per- formance of its functions under this Compact. In the hiring of employees the Commission shall not be bound by the civil service laws of either state. (d) The Commission, so far as consistent with this Compact, shall have power to: 1. Adopt rules and regulations; 2. Locate, establish, construct, operate, maintain, and aban- don watergaging stations, independently or in cooperation with appropriate governmental agencies; 3. Engage in studies of water supplies of the Pecos River and its tributaries, independently or in cooperation with appropriate governmental agencies; 4. Collect, analyze, correlate, preserve and report on data as to the stream flows, storage, diversions, salvage, and use of the waters of the Pecos River and its tributaries, independently or in coopera- tion with appropriate governmental agencies; 5. Make findings as to any change in depletion by man's activ- ities in New Mexico, and on the Delaware River in Texas; 6. Make findings as to the deliveries of water at the New Mexico- Texas state line; 162 [63 STAT.

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