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of the nominee, concurs, then such person shall be appointed as a Water <br />Commissioner of the Pot Creek Distribution System. If the States of Utah <br />and Colorado fail to concur, the State of Colorado shall nominate such a <br />person for the position of the Pot Creek Water Commissioner in the same <br />manner for the consideration of the State of Utah. If necessary, each State <br />shall alternate in nominations until such time that both States concur in the <br />selection of the Pot Creek Water Commissioner. The Pot Creek Water <br />Commissioner shall serve for a term of four years commencing at the <br />annual meeting of the Pot Creek Distribution System and running until the <br />distribution system annual meeting at the beginning of the fifth year. <br />5. Removal of the Water Commissioner If either the State of Utah or the State of <br />Colorado determines there is a cause to remove the Water Commissioner before <br />the completion of the four -year term, it shall notify the other State and provide <br />details of the problem. A Notice of Agency Action will be sent to the Water <br />Commissioner by the State of Utah that will describe the alleged facts, provide an <br />opportunity for the Water Commissioner to respond, and provide notice of an <br />informal hearing if one is deemed necessary by either State. A hearing may also <br />be held if requested by the Water Commissioner. The hearing will be held <br />according to the Utah Administrative Procedures Act together with <br />representatives from the State of Colorado. The purpose of the hearing will be to <br />gather further information regarding the cause of action if necessary and to <br />determine if the Water Commissioner should be removed. If the Water <br />Commissioner provides adequate response to resolve the concern or if it is <br />M <br />