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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.

Hurd introduces House bill to transfer Crystal Reservoir to Ouray
News
Hurd introduces House bill to transfer Crystal Reservoir to Ouray
By LIA SALVATIERRA 
November 4, 2025
U.S. Rep. Jeff Hurd has introduced legislation to transfer ownership of Crystal Reservoir from the U.S. Forest Service to the city of Ouray, identical to a Senate bill introduced in September, after w...
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Ridgway girls cross country team nabs state title
Main, News...
Ridgway girls cross country team nabs state title
By Plaindealer Staff Report 
November 1, 2025
The Ridgway High School girls’ cross country team is bringing a state title back to the San Juans. The six-person team won the Class 2A state title Saturday afternoon in Colorado Springs, capping a te...
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Food assistance benefits dry up
Main, News...
Food assistance benefits dry up
By Lia Salvatierra lia@ouraynews.com 
October 29, 2025
An estimated $51,000 in federal food benefits will no longer be available to 170 Ouray County households starting Friday. The monthlong federal government shutdown without Congressional appropriations...
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Main, News...
Mine shaft wasn’t identified as hazard
State vows to secure opening quickly following Ridgway woman's death
By Erin McIntyre erin@ouraynews.com 
October 29, 2025
A dangerous, water-filled mine shaft where a woman's body was found last week had not yet been identified for closure by state officials charged with securing hazardous mine openings. Though the state...
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Main, News...
Pushback against wolves grows
Ranchers oppose release in county; feds seek to block state
By Lia Salvatierra lia@ouraynews.com 
October 29, 2025
The Ouray County Cattlemen’s Association has objected to releasing wolves in the county, amid other efforts potentially complicating or stifling wolf reintroduction in the region this winter. A letter...
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News
Council nixes alcohol at hot springs
Ouray parks director had suggested limited sales at special events next year to generate revenue
By Mike Wiggins mike@ouraynews.com 
October 29, 2025
The Ouray City Council rejected a proposal Monday to sell alcohol at three special events at the Ouray Hot Springs Pool next year, concluding the costs and risks outweigh the potential revenue. Parks ...
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Columns, Feature...
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By By Matt Meyer Special to the Plaindealer 
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By Mike Wiggins mike@ouraynews.com 
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Letters, Opinion...
LETTER TO THE EDITOR
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