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<br />4. Salinitv Uodate. (Special Edition 1986). <br />5. Pitts, A prooosal: Resolvina the conflict <br />Between the Endanaered Soecies Act and Water Develooment <br />in the Uooer Colorado River Basin, Colorado Water Rights <br />Vol. 5, No. 3 (summer 1986). <br />6. Pitts, Uodate: Endanaered Soecies <br />Recoverv Proaram in the Uooer Colorado River Basin, <br />Colorado Water Rights Vol. 8, No.1 (Winter 1989). <br />II. MEXICAN TREATY OF 1944 <br />The drafters of the 1922 Compact anticipated that <br />a resolution of the international controversy between <br />Mexico and the united States concerning the waters of the <br />Colorado River might affect the allocations made in the <br />1922 compact. The drafters attempted to protect against <br />this risk by apportioning a lesser quantity of water than <br />they believed was physically present. Thus, the 1922 <br />Compact provides that any commitment of water to Mexico <br />is to be supplied first from waters surplus to the 16 <br />m.a.f. apportioned between the Upper and Lower Basins. <br />The problem is that the river fails to adhere to the <br />commands of man; it generates no surplus water. <br />A. The Problem <br />In 1944 the United states in the Mexican Treaty <br />committed itself to the delivery from the Colorado River <br /> <br />-11- <br />