Page:United States Statutes at Large Volume 63 Part 1.djvu/201

 63 STAT.] 81ST CONG., 1ST SESS.-CH. 184-JUNE 9, 1949 7. Make findings as to the quantities of water salvaged and the amount thereof delivered at the New Mexico-Texas state line; 8. Make findings as to quantities of water nonbeneficially con- sumed in New Mexico; 9. Make findings as to quantities of unappropriated flood waters; 10. Make findings as to the quantities of reservoir losses from reservoirs constructed in New Mexico which may be used for the benefit of both states, and as to the share thereof charged under Article VI hereof to each of the states; 11. Acquire and hold such personal and real property as may be necessary for the performance of its duties hereunder and to dispose of the same when no longer required; 12. Perform all functions required of it by this Compact and do all things necessary, proper or convenient in the performance of its duties hereunder, independently or in cooperation with appropriate governmental agencies; 13. Make and transmit annually to the Governors of the signa- tory states and to the President of the United States on or before the last day of February of each year, a report covering the activities of the Commission for the preceding year. (e) The Commission shall make available to the Governor of each of the signatory states any information within its possession at any time, and shall always provide free access to its records by the Gov- ernors of each of the states, or their representatives, or authorized representatives of the United States. (f) Findings of fact made by the Commission shall not be con- clusive in any court, or before any agency or tribunal, but shall con- stitute prima facie evidence of the facts found. (g) The organization meeting of the Commission shall be held within four months from the effective date of this Compact. ARTCLE VI The following principles shall govern in regard to the apportion- ment made by Article III of this Compact: (a) The Report of the Engineering Advisory Committee, supple- mented by additional data hereafter accumulated, shall be used by the Commission in making administrative determinations. (b) Unless otherwise determined by the Commission, depletions by man's activities, state-line flows, quantities of water salvaged, and quantities of unappropriated flood waters shall be determined on the basis of three-year periods reckoned in continuing progressive series beginning with the first day of January next succeeding the ratification of this Compact. (c) Unless and until a more feasible method is devised and adopted by the Commission the inflow-outflow method, as described in the Report of the Engineering Advisory Committee, shall be used to: (i) Determine the effect on the state-line flow of any change in depletions by man's activities or otherwise, of the waters of the Pecos River in New Mexico. (ii) Measure at or near the Avalon Dam in New Mexico the quantities of water salvaged. (iii) Measure at or near the state line any water released from storage for the benefit of Texas as provided for in subparagraph (d) of this Article. (iv) Measure the quantities of unappropriated flood waters apportioned to Texas which have not been stored and regulated by reservoirs in New Mexico. 163 Availability of infor- mation.

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