Is adjudication a pre-cursor to neoliberal water policies?

I've been reading through an edited volume entitled "Neoliberal Environments" (Routledge, 2007) and one of the small contributions, a section foreward by Brennan and Theodore (2007, 153-154), lists some of the key ideas emerging from the literature on neoliberal governance. By neoliberalism, they really mean the latest phase in capitalism, so bear with me as we get a little jargon-rich. My point in listing these out here is that if you substitute the word "adjudication" for neoliberalism, it actually works well. I'm working on an article that argues that adjudication was necessary to have any kind of free-market implementation for water resources in New Mexico.*
So below I've listed these side by side, with a check if the substitution works, a check - if it is awkward or too soon to tell, and a check+ if the parallel is downright creepy. The list, please remember, is generated as a way of summarizing what social scientists, especially geographers, have said about neoliberalism.
1. Neoliberalism (adjudication) is a process. CHECK
2. Neoliberalism (adjudication) is articulated through contextually specific strategies. - In other words, neither neoliberalism nor adjudication exsist in a single, "pure" form. CHECK.
3. Neoliberalism (adjudication) hinges upon the active mobilization of state power. CHECK+
4. Neoliberalization (adjudication) generates path-dependent outcomes. Check - (remains to be seen in NM)
5. Neoliberalization (adjudication) is intensely contested. CHECK+
6. Neoliberalization (adjudication) exacerbates regulatory failure. Check - (remains to be seen, though there are signs that this will surely happen when agencies butt heads)
7. The project of neoliberalism (adjudication) continues to evolve. CHECK+  Adjudication has taken different flavors depending on the time period, the basin involved, the number of acequias per basin, and the development projects tied to the adjudication process (dams, canals).

* doesn't mean I like it!

Disclaimer: Please note that I am not calling adjudication a form of neoliberalism, just a necessary first step BEFORE neoliberal processes are carried out on water in New Mexico. Water, in other words, cannot be severed from the land over which it flows if owners/maps/tax records are not distinguishable to the requisite authority. It's that simple, or that complicated, depending on how you read this template of ideas. I'll surely get some feedback after I submit the larger article to the journal Geoforum. Pax.

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