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County: Forest Service violated federal law
U.S. Sen. Michael Bennet, center, visits with, left to right, Ouray County Commissioner Lynn Padgett, Ouray Mayor Ethan Funk, then-interim City Administrator Joe Coleman and Ouray District Ranger Dana Gardunio during a visit to Crystal Reservoir in October. The county claims the U.S. Forest Service violated the National Environmental Policy Act when it partially drained the reservoir last spring. Erin McIntyre — Ouray County Plaindealer
News
By Lia Salvatierra lia@ouraynews.com on March 26, 2025
County: Forest Service violated federal law
Letter alleges agency failed to follow proper procedures before Crystal Reservoir drawdown

Ouray County leaders sent a letter to the U.S. Forest Service arguing the agency violated the National Environmental Policy Act when it partially drained Crystal Reservoir and proposed permanently removing it last year.

NEPA is a federal law requiring federal agencies to consider the environmental impacts of their actions before making decisions.

The letter claims the Forest Service failed to follow proper NEPA procedures before partially draining the reservoir last summer. It says the agency did not complete a NEPA analysis or the alternative steps required under the law to complete an “emergency” drawdown. The agency said it completed a drawdown because of liability concerns about a crack identified in the reservoir’s dam during an inspection in May 2023, which has not been identified since. The move came after years of offering the city of Ouray — which claims it has water storage rights in the reservoir — options to own the reservoir and its dam. Those offers went unanswered by city officials, according to prior reporting in the Plaindealer.

But the temporary drawdown and a proposed permanent removal of the beloved recreational and aesthetic resource was a surprise, according to city and county officials who objected to the decision. After the drawdown, the city decided to seek ownership of the reservoir, dam and its associated water rights via a no-cost federal conveyance, a request made to U.S. Sen. Michael Bennet in October.

County leaders endorsed the city’s request in its letter and accused the agency of violating federal law.

The letter prepared by Ouray County Attorney Leo Caselli and Deputy County Attorney Marita Robinson comes after the county commissioned an independent review of a study the agency used to support the dam drawdown. That review found multiple flaws with the study used to classify the dam as a “high-hazard.”

The Forest Service said it was removing high-hazard, non-hydropower dams, wanting to offload the liability. The agency said it planned to start an environmental analysis for Crystal Reservoir and its dam, considering three options: removing it, restoring it or transferring ownership. It set a goal of implementing changes by 2027.

The county originally hired Lytle Water Solutions LLC in August to prepare for objections to the Forest Service’s retroactive NEPA analysis. But the agency has not begun that analysis and is also waiting on two separate dam studies to inform its decision.

Instead, the letter signed by county commissioners uses more than 20 Forest Service documents alongside the Lytle Water Solutions LLC review to argue the agency already violated NEPA when it partially drained the reservoir last summer and proposed the option to permanently remove it. The letter also says the county is prepared to issue formal objections to any future NEPA analysis results.

The letter cites case law saying a NEPA analysis must be “prepared early enough that it can serve practically as an important contribution to the decisionmaking process and will not be used to rationalize or justify decisions already being made.”

The letter argues the Forest Service repeatedly violated NEPA by making “predetermined” plans to fully remove the dam and reservoir without an environmental analysis or environmental impact statement.

It calls the NEPA violations “incurable,” if the Forest Service “rubber stamps” any predetermined decision to permanently remove the dam and reservoir.

“By all appearances, the Forest Service had a duty to follow a NEPA process to determine what the potential alternatives and impacts were,” said Commissioner Lynn Padgett during Tuesday’s commissioners’ meeting.

The Forest Service did not reply to a request for comment by deadline.

Factors behind the fire: What drove its spread?
Main
Factors behind the fire: What drove its spread?
Experts: Age-old forests, climate change, extreme drought created prime conditions for Gold Mountain Fire
By Chart Riggall 
August 26, 2026
In the summer of 1879, the largest wildfire in Colorado history at the time tore through 26,000 acres of rugged forest about eight miles south of Silverton and presaged a vast shift in its landscape. ...
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Tax districts approved for proposed project
News
Tax districts approved for proposed project
Metro districts would fund improvements for possible 19-acre mixed-use Ridgway development
By James Hanlon 
August 26, 2026
The Ridgway Town Council approved creating four metropolitan districts at its Aug. 12 meeting for a proposed residential and commercial development on 19 acres in north Ridgway. The development, Alpen...
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Officials push Trump for disaster declaration
News
Officials push Trump for disaster declaration
Polis: Federal funding needed to help pay for $17M in damages from Gold Mountain, Aspen Acres fires
By Chart Riggall 
August 26, 2026
Federal, state and local officials pushed this week for President Donald Trump to issue a disaster declaration for the Gold Mountain and Aspen Acres fires that would open the door to additional federa...
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New principal brings international experience
Feature
New principal brings international experience
Michael Flaim named interim leader of Ouray preK-8 students
By James Hanlon 
August 26, 2026
Michael Flaim, an educator who taught economics and social studies at international schools for nearly 20 years, has started as Ouray School’s interim preK-8 principal for the 2026-2027 school year. T...
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News
Construction to control flooding begins
Work focuses on removing debris, building berms, barriers; project set to finish by Sept. 20
By James Hanlon 
August 26, 2026
Crews from Haynes Excavation began work last week to repair and protect areas prone to flooding and debris flows beneath the Gold Mountain Fire burn scar. The $2.8 million Emergency Watershed Protect ...
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News
Disaster relief sales tax headed for ballot
County pauses pursuit of road and bridge use tax
By James Hanlon 
August 26, 2026
Ouray County commissioners approved a ballot question Tuesday to ask voters for a county-wide 0.5% disaster recovery sales tax at the Nov. 3 election. Commissioners also paused efforts to pursue a 3% ...
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LETTER TO THE EDITOR
Public trails for all, not personal interests
By Jeff Lindberg 
August 26, 2026
Dear Editor: In response to the letter to the editor from Dianne Eschman in the Aug. 13 edition, as an avid off-roader and business owner in Ouray, I take issue with a few claims made. Off-highway veh...
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Letters
LETTER TO THE EDITOR
County needs a disaster fund, not an endless tax
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August 26, 2026
Dear Editor: I am writing because the proposed disaster recovery fund sales tax deserves careful consideration before voters approve it. I’m concerned the ballot language creates an unlimited forever ...
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Monsoon flooding as old as Ouray itself
Columns, Feature...
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News
Advocates for fire authority pivot
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News
Firefighting resources shrink as blaze nears containment
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A new team assumed command of the Gold Mountain Fire response over the weekend, ending a 55-day streak of management by three different federal incident management teams. A Type 3 incident management ...
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