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<br />(2) If the Commission finds that the reservoir is used, <br /> <br />in whole or in part, to supply water for use in a State <br /> <br />of the Upper Division, the Commission shall make find- <br /> <br />ings, which in no event shall be contrary to the laws of <br /> <br />the United States of America under which any reservoir <br /> <br />is constructed, as to the reservoir or reservoir capacity <br /> <br />utilized to supply water for use and the State in which such <br /> <br />water will be used, The whole or that proportion, as <br /> <br />the case may be, of reservoir losses as found by the <br /> <br />Commission to be reasonably and properly chargeable <br /> <br />to the State in which such water will be used shall be <br /> <br />borne by that State, As determined by the Commission, <br /> <br />water stored in reservoirs covered by this subparagraph <br /> <br />(b) (2) shall be earmarked for and charged to the State <br /> <br />in which the water will be used. <br /> <br />(c) In the event the Commission finds that a reservoir site is <br /> <br />available both to assure deliveries at Lee Ferry and to store water for <br /> <br />consumptive use in a State of the Upper Division, the storage of water <br /> <br />for consumptive use shall be given preference. Any reservoir or ' <br /> <br />reservoir capacity hereafter used to assure deliveries at Lee Ferry <br /> <br />shall by order of the Commission be used to store water for consump- <br /> <br />tive use.in a State, provided the Commission finds that such storage is <br /> <br />reasonably necessary to permit such State to make the use of the water <br /> <br />apportioned to it by this Compact~ <br /> <br />-9- <br />