A Survey of Alternative Dispute Resolution in Water Rights Disputes

Abstract

This paper surveys current Alternative Dispute Resolution (“ADR”) methods to solve water disputes. Water disputes were present in antiquity and continue today. Currently, water rights litigation is slow and expensive. ADR provides a means to reduce litigation and effectively resolve water disputes. In the United States, some federal agencies and states use ADR to resolve water disputes. On the international level, nations use ADR to peacefully resolve water disputes. ADR offers the flexibility to address emerging problems of water pollution and dwindling sanitary water sources.

Keywords: water rights, water disputes, alternative dispute resolution, ADR, environmental law, water law, administrative law, Arizona water law, international water law, riparian rights, prior appropriation rights

JEL Classification: K19, K23, K32, K33, K41, N50, O13, Q25