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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.

Bright start, cloudy future for bus service
Main, News...
Bright start, cloudy future for bus service
Two years after launch, OurWay ridership has doubled. It’s unclear if grant money and matching local funds will help it keep running
By Lia Salvatierra lia@ouraynews.com 
February 25, 2026
Georgia Evans greeted the bus driver with jugs of milk and water in her hands and boarded the 11-seater OurWay shuttle, headed home from work in Ridgway to Montrose. She noticed it was a different bus...
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Main, News...
Backcountry road closure eyed
County to shut off portion of Yankee Boy Basin to vehicles this summer due to environmental damage
By Lia Salvatierra lia@ouraynews.com 
February 25, 2026
Ouray County commissioners on Tuesday directed staff to pursue closing an upper section of Yankee Boy Basin this summer to motorized traffic, in response to a resident’s request to reduce environmenta...
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Councilor seeks relaxed in-person attendance policy
News
Councilor seeks relaxed in-person attendance policy
Doherty claims job keeps him out of town; council to decide whether to change cap on remote participation
By Lia Salvatierra lia@ouraynews.com 
February 25, 2026
A newly appointed Ouray city councilor who has attended just half of the city council’s meetings in person so far this year has asked the council to relax an attendance policy and allow him to govern ...
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Go-away-finding: Ouray to nix project, remove signs
News
Go-away-finding: Ouray to nix project, remove signs
After spending more than $100K on branding, design and fabrication, council halts wayfinding initiative that could have cost up to $800K
By Lia Salvatierra lia@ouraynews.com 
February 25, 2026
Large maroon wayfinding signs installed on Main Street in Ouray last summer, triggering protests from residents and business owners detesting their appearance and size, will soon be gone like they wer...
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Wet snow, later sunsets mark spring’s approach
Columns, Opinion...
Wet snow, later sunsets mark spring’s approach
By Karen Risch 
February 25, 2026
Thanks to warming sun, wet snow showers, spells of shirtsleeve weather, earlier sunrises and later sunsets, meteorological spring (March 1) is upon us. It’s been an a-ha moment these last two weeks as...
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Looking Back
Feature
Looking Back
February 25, 2026
Compiled from the files of The Ouray County Herald, The Ridgway Sun, and The Ouray County Plaindealer 60 Years Ago February 24, 1966 In a decision handed down Feb. 10, District Judge Fred Calhoon rule...
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Editor Picks
News
County attorney gets high marks in evaluation
Niece, Nauer give Caselli 99 out of 100 points; no record of evaluation from Padgett, who missed meeting
By Deb Hurley Brobst Special to the Plaindealer 
February 25, 2026
Editor's note: This article has been edited to make clear that Ouray County had four members of the administration team and one employee leave their positions in 2025. County Manager Connie Hunt resig...
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News
For first time in four years, Ridgway to hold election
Two vying for mayor, five competing for three council seats
By lia@ouraynews.com 
February 25, 2026
Editor's note: The subheading on this article has been corrected to reflect that there are five candidates for three council seats. By Lia Salvatierra The town of Ridgway will hold an election for may...
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News
Ridgway sewer rates may rise this year
Town engineer: Millions of dollars in state-mandated improvements needed
By Deb Hurley Brobst Special to the Plaindealer 
February 25, 2026
Ridgway residents may end up paying more on their sewer bills next year, but the timing of the proposed increase and the amount is still up in the air. If town leaders decide to raise rates, it will b...
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News
City reroutes funds to pay for pedestrian crosswalk project
By Lia Salvatierra lia@ouraynews.com 
February 25, 2026
Ouray city councilors voted last week to redirect funds originally designated for wayfinding signs to build two crosswalks on either side of town, which is costing more than expected. During a Feb. 17...
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News
City to consider creating local license for tobacco retailers
February 25, 2026
Ouray city councilors will hold a work session to discuss a proposal to create a local license for tobacco retailers, on top of a state license, with a goal of reducing underage access to nicotine pro...
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