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(7) Make findings as to the quantity of water deliveries at Lee ferry during each water year; <br />(8) Make findings as to the necessity for and the extent of the curtailment of use, required, if any, <br />pursuant to article IV hereof; <br />(9) Make findings as to the quantity of reservoir losses and as to the share thereof chargeable under <br />article V hereof to each of the states; <br />(10) Make findings of fact in the event of the occurrence of extraordinary drought or serious accident <br />to the irrigation system in the upper basin, whereby deliveries by the upper basin of water which it may be <br />required to deliver in order to aid in fulfilling obligations of the United States of America to the United <br />Mexican States arising under the treaty between the United States of America and the United Mexican <br />States, dated February 3, 1944 (Treaty Series 994) become difficult, and report such findings to the <br />governors of the upper basin states, the President of the United States of America, the United States section <br />of the international boundary and water commission, and such other federal officials and agencies as it may <br />deem appropriate to the end that the water allotted to Mexico under division III of such treaty may be <br />reduced in accordance with the terms of such treaty; <br />(11) Acquire and hold such personal and real property as may be necessary for the performance of its <br />duties hereunder and to dispose of the same when no longer required; <br />(12) Perform all functions required of it by this compact and do all things necessary, proper or <br />convenient in the performance of its duties hereunder, either independently or in co- operation with any state <br />or federal agency; <br />(13) Make and transmit annually to the governors of the signatory states and the President of the <br />United States of America, with the estimated budget, a report covering the activities of the commission for <br />the preceding water year. <br />(e) Except as otherwise provided in this compact the concurrence of four members of the <br />commission shall be required in any action taken by it. <br />(f) The commission and its secretary shall make available to the governor of each of the signatory <br />states any information within its possession at any time, and shall always provide free access to its records by <br />the governors of each of the states, or their representatives or authorized representatives of the United States <br />of America. <br />(g) Findings of fact made by the commission shall not be conclusive in any court, or before any <br />agency or tribunal, but shall constitute prima facie evidence of the facts found. <br />(h) The organization meeting of the commission shall be held within four months from the effective <br />date of this compact. <br />Article IX <br />(a) No state shall deny the right of the United States of America and, subject to the conditions <br />hereinafter contained, no state shall deny the right of another signatory state, any person, or entity of any <br />signatory state to acquire rights to the use of water, or to construct or participate in the construction and use <br />of diversion works and storage reservoirs with appurtenant works, canals and conduits in one state for the <br />purpose of diverting, conveying, storing, regulating and releasing water to satisfy the provisions of the <br />Colorado river compact relating to the obligation of the states of the upper division to make deliveries of <br />water at Lee ferry, or for the purpose of diverting, conveying, storing or regulating water in an upper <br />signatory state for consumptive use in a lower signatory state, when such use is within the apportionment to <br />such lower state made by this compact. Such rights shall be subject to the rights of water users, in a state in <br />which such reservoir or works are located, to receive and use water, the use of which is within the <br />apportionment to such state by this compact. <br />(b) Any signatory state, any person or any entity of any signatory state shall have the right to acquire <br />such property rights as are necessary to the use of water in conformity with this compact in any other <br />signatory state by donation, purchase or through the exercise of the power of eminent domain. Any <br />signatory state, upon the written request of the governor of any other signatory state, for the benefit of whose <br />water users property is to be acquired in the state to which such written request is made, shall proceed <br />