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001557 2002] mE LAST GREEN lAGOON 913 recent developments on the Lower Colorado, what little remains of the Delta is now in serious jeopardy. A. The Colorado River Compact and the Mexican Water Treaty The Colorado River Compact of 1922 is essentially a contract negotiated among the states of Arizona, California, Nevada, Wyoming, Colorado, Utah, and' New Mexico, and ratified by Congress, apportioning the waters of the Colorado.46 The Compact divided the U.S. portion of the Colorado River Basin into two sections, with the dividing line at Lee's Ferry, ArizonaY The "Upper Basin" consists of Colorado, Wyoming, Utah, New Mexico, and a small section of Arizona, while California, the remainder of Arizona, and Nevada constitute the "Lower Basin. "48 The Compact allocated to each Basin the right to an annual "beneficial consumptive use" of 7.5 million acre-feet (mal) of water, With the Lower Basin's share guaranteed by a requirement that the Upper Basin release a total of at least 75 maf over 10 years.49 The Lower Basin has the right to an additional 1 maf per year beyond these initial allocations. 50 The Compact also recognized "as a matter of international comity" that the United States could negotiate an allocation of water for Mexico.51 In 1944, the U.S. and Mexico signed a treaty ("the Mexico-U.S. Water Treaty") obligating the U.S. to deliver at least 1.5 maf per, year to Mexico, absent "extraordinary drought 46. See Eric L. Garner & Michelle Ouelette. Future S1wck? The Law of the Colorado River in the 1iventy-First Century, 27 ARIz. sT. L.J. 469. 470-471 (1995); see also NORRIS HUNDLEY, JR., WATER AND 'TIlE WESf: THE COLORADO RIvER COMPACf AND 'TIlE POLlTICSOF WATER IN 'TIlE AMERICAN WESf (1975). 47. SeeThe Colorado River Compact. 70 Congo Rec. 324 (1928), at art. II. 48. See id. art. II, !i!i (t)-(g). A small section of Arizona is in the Upper Basin; even smaller portions of Nevada and New Mexico are :IIi the Lower Basin. 49. See id. art. lIl, !3 (d). 50. See id. Art. III, !i (b). While the wording of this provision is vague, when it is read together with the Supreme Court's later decision in Arizona v. California. 373 U.S. 546 (1963), it is clear that this gives the Lower Basin the right to use the first 1.0 maf of surplus mainstream water passing Lee's Ferry. Arizona v. California decided that the Compact only allocated mainstream waters, leaving the Lower Basin states to regulate the total flow of their own tributaries; thus, this provision must apply to mainstream waters only. Consequently, after the Upper Basin uses its first 7.5 maf. it must allow the Lower Basin to w,e a full 8.5 maf of water before it can use more. 51. See id. art. Ill, ~ (c).