ABSTRACT

In this chapter we describe how the courts have often been utilized as a method of conflict resolution since the late 19th century. Our analysis begins with the Western US, and works toward specific elements related to Arizona. Our research hypothesis

is as follows: Whereas historically, the resolution of conflicts in the courts has created norms, rules, and instruments that take the form of legal and institutional tools, in more contemporary times, water management has political strategies at its core, often with the aim of avoiding court action, and producing social consensus between professionals of water management and the public.