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Show 190 INTERSTATE COMPACTS ARTICLE VIII. MISCELLANEOUS A. Subject to vested rights as of the effective date of this com* pact, there shall be no diversion of waters from the basin of Jenny Creek to the extent that such waiters are required, as determined by the commission, for use on land within the basin of Jenny Creek. B. Bach state shall exercise whatever administrative, judicial, legislative or police powers it has that are required to provide any necessary re-regulation or other control over the flow of the Klamath River downstream from any 'hydroelectric power plant for protection of fish, human life or property from damage caused by fluctuations resulting from the operation of such plant. ARTICLE IX. ADMINISTRATION A. 1. There is hereby created a commission to administer this com- pact. The commission shall consist of three members. The representa- tive of the State of California shall be the Department of Water Re- sources. The representative of the State of Oregon shall be the State Engineer of Oregon who shall serve as ex offioio representative of the State Water Resources Board of Oregon. The President is requested to appoint a federal representative who shall be designated and shall serve as provided by the laws of the United States. 2. The representative of each state shall be entitled to one vote in the commission. The representative of the United States shall serve as chairman of the commission without vote. The compensation and expenses of each representative shall be fixed and paid by the govern- ment which he represents. Any action by the commission shall be effective only if it be agreed to by both voting members. 3. The commission shall meet to establish its formal organization within 60 days after the effective date of this compact, such meeting to be at the call of the governors of the two states. The commission shall then adopt its initial set of rules and regulations governing the management of its internal affairs providing for, among other things, the calling and holding of meetings, the adoption of a seal, and the authority and duties of the chairman and executive director. The commission shall establish its office within the Upper Klamath River Basin. 4. The commission shall appoint an executive director, who shall also act as secretary, to serve at the pleasure of the commission and at such compensation, under such terms and conditions and perform- ing such duties as it may fix. The executive director shall be the custodian of the records of the commission with authority to affix the commission's official seal, and to attest to and certify such records or copies thereof. The commission, without regard to the provisions of the civil service laws of either state, may appoint and discharge such consulting, clerical and other personnel as may be necessary for the performance of the commission's functions, may define their duties, and may fix and pay their compensation. The commission may require the executive director and any of its employes to post official bonds, and the cost thereof shall be paid by the commission. 5. All records, files and documents of the commission shall be open for public inspection at its office during established office hours. |