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Former Acequia Assistance Project Director Gregor MacGregor recently advanced the efforts of both the Getches-Wilkinson Center and the Colorado Supreme Court’s Water Court Committee to improve access to justice for Coloradans. Professor MacGregor recently concluded an eight-year investigation into the experience of pro se��parties in water court with a series of informational videos across the court system to improve outcomes. The series will assist self-represented litigants and serve as the basis for other training programs aimed at improving access to the water courts.��

Colorado’s separate system of water courts highlights the importance of water to the lives and livelihoods of Coloradans. This specialty practice area of attorneys, and the specialized knowledge of the judicial officers that oversee their claims, ensures the maximum beneficial use of water in the state – including for environmental and recreational purposes. However, many water users lack the resources to be represented by an attorney in the water courts. The specialized proceedings, often requiring engineering support, places additional burdens on pro se litigants navigating the process.��

While Colorado Legal Services, Metro Volunteer Lawyers, and other organizations provide free services for landlord-tenant issues, wills, and other areas of civil law, the same cannot be said for water. The only organization providing pro bono water services is the Acequia Assistance Project at the Getches-Wilkinson Center at Colorado Law School, but with its limited mandate to assist acequia irrigators in the southern part of the state, the remainder of the water community has had few direct assistance opportunities.��

Beginning in 2018 the late Honorable Gregory J. Hobbs, Jr., the Honorable Susan Ryan, water attorney Josh Boissevain of the Colorado Water Trust, and private water attorney Lindsey Ratcliff began a quantitative and qualitative assessment of pro se cases across the seven water court Divisions. Their findings were published in the DU Water Law Review as “Understanding and Improving the Pro Se Litigant Experience in Water Court.” A review of case data and surveys supported their finding that more assistance to pro se parties would result in better outcomes not only for them, but for all parties in water court, and bring greater efficiency and savings to the process.

Professor Gregor MacGregor, as the academic member of the Water Court Committee, began a multiyear process to identify the most impactful information for pro se��parties and the best way to make that information available. These efforts culminated in a series of videos where members of the judiciary and Attorney General explain their role in the water court process and the responsibility of pro se��parties before them. Professor MacGregor will continue to lead the Committee’s efforts by designing and providing training to the Judicial Branch’s Self-Represented Litigant Coordinators across the state.��

The full article led by Justice Hobbs that covers the history of Water Courts, statistics on the number of pro se��litigants in those courts, and recommendations to improve the pro se experience can be found below.

Article: Understanding and Improving the Pro Se Litigant Experience in Water Court