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,0 "The Colorado River Compact executed at Santa Fe, New Mexico, November 24, 1922.... is unconditionally ratified, approved and confrrmed. " The Mexican Water Treaty On February 3, 1944 the United States and Mexico signed an international treaty relating to the division of waters of the Colorado, Tijuana and Rio Grande Rivers. The treaty was ratified by the United States Senate on Apri118, 1945 and the Mexican Senate on September 27, 1945. Article 10 of the treaty guarantees an annual delivery of 1 ,500,000 af per year to Mexico and an additional 200,000 af per year if there is a surplus.89 The treaty also contains a provision that: "In the event of extraordinary drought or serious accident to the irrigation system in the United States, thereby making it difficult for the United States to deliver the guaranteed quantity of 1 ,500,000 acre- feet a year, the water allotted to Mexico under subparagraph (a) of this article will be reduced in the same proportion as consumptive uses in the United States are reduced." However, there is no hydrologic definition of "extraordinary drought." What is the difference between an extraordinary drought and a normal drought? The Basin Btates and the Federal Government are currently struggling to address issues related to the drought provision of the Mexican Treaty. The treaty was the result of many years of negotiation. Breitenstein notes that the United States needed the cooperation of Mexico to build water storage and flood control projects in the Lower Rio Grande Valley. He also notes that the International Boundary Commission held meetings with the seven Colorado River Basin States during the negotiations and that the water formula was approved by five of the seven states (except Nevada and California) in 1943.90 Development in the Upper Basin From 1929 Through 1946 Colorado is one of the Basin States where the Great Plains meets the Rocky Mountains. The Continental Divide is only about 60 miles west of Denver. The Continental Divide separates the Colorado River Basin from the Platte River and Arkansas River Basins. Winter storms normally move from west to east dropping more snow on the west slope of the Continental Divide than the east slope. Yet, within Colorado, an overwhelming majority of its people and its farmlands are located east of the Continental Divide. Thus, it was inevitable that Colorado would seek to move water from where it is plentiful, the West Slope, to where it is needed, the East Slope. 89 House Document 419, page 67. 90 Breintenstein, pages 35-36. Page -30-