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<br />...., <br /> <br />"The granting of judicial functions to a compact <br />administre,tive commission is questioned. It is <br />doubtful that a compact could create a judioial <br />body to settle disputes on an interstate stream <br />within the political and legal concepts of the <br />federa 1 and state constitutions. The prilMry obli- <br />gotion to abide by the terms of e comp",ct rests upon <br />the constitubd authorities of the signAtory stat'es. <br />This involves detennination by the officials of <br />eAch stAte of the interpret.tion of its terms. <br />Controversies among the statas on the issue cf <br />alleged fai lure to comply with the terms of a compact <br />or on a que stio n 0 f their interpretati on must be <br />resol ved by eppropriate Bction in the Supreme Court <br />of the United States. Therefore, a compact commi ssion' s <br />powers must be limited to those of An administrative <br />character Hnd such powers for the purpose of enforce- <br />ment cannot supersede, expressly or by implication, <br />those of the constituted state euthorities, who sa <br />Action in thi s respect, of course, is subjact to <br />review by the United Stetes Suprem'e Court. Failure <br />of stete officiels to e,ccept tha finding of a compa ct <br />connnission and to comport with tha rulas sat up by <br />such e body fo I' the per fo rmanc a of the e,dmini strati ve <br />functions may constitute an issue of compact violation." <br /> <br />In connection wi th the dutia s of the Commission it may be that <br /> <br />particular consideration should be given to the necessity for specific provisions <br /> <br />relating to coop.eration with the USGS and the US Bur'3au of Recla!lllltion. If general <br /> <br />language will do the job, specific provisions should be avoided. <br /> <br />7. Miscelleneous Provisions. <br /> <br />(a) Proposal. <br /> <br />"Findings of fAct mpde by the Commission shAll not be conclusive in any court <br /> <br />or tribunal ,,'hich may bo cAl13d upon to intGrpr at, apply or onforce this compact." <br /> <br />Cotmnent s. <br /> <br />The suggGstGd provision is taken from tho Rio Grends Compact. Unless it or <br /> <br />soms like provision is included in tho compact, it,is certain that parties <br /> <br />2096 <br /> <br />-9- <br />