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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.

Years after acquittal, man gets prison in second case
News
TOP STORIES OF THE YEAR: BRIAN SCRANTON CONVICTED OF SEX ASSAULT
Years after acquittal, man gets prison in second case
By Erin McIntyre erin@ouraynews.com 
December 31, 2025
Editor’s note: This story contains details about a sex assault case. Ten years after he was first arrested for alleged sex assault in Ouray County, a Ridgway man was convicted in another sex assault c...
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County endures year of resignations, infighting
News
TOP STORIES OF THE YEAR: TUMULT WITHIN TOP RANKS OF COUNTY
County endures year of resignations, infighting
By Erin McIntyre erin@ouraynews.com 
December 31, 2025
Ouray County government weathered a year of turmoil and transition in 2025, and ended the year hopeful that its new top leader would bring a fresh perspective and stability. County commissioners ended...
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After tear down and rebuild, agency again faces upheaval
News
TOP STORIES OF THE YEAR: POLICE TURMOIL CONTINUES
After tear down and rebuild, agency again faces upheaval
By Mike Wiggins mike@ouraynews.com 
December 31, 2025
After more than a year of turmoil that consumed 2024 and bled over into the first quarter of 2025, the Ouray Police Department underwent a complete tear down and transition under an interim police chi...
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Looking Back
Looking Back, Opinion...
Looking Back
By Compiled from the files of The Ouray County Herald, The Ridgway Sun, and The Ouray County Plaindealer 
December 31, 2025
60 Years Ago December 30, 1965 What can we expect to happen to our pocketbook in 1966? Here are some clues gleaned from the 43rd Annual National Agricultural Outlook Conference held in Washington D.C....
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Mobile home park preservation highlights housing progress
News
TOP STORIES OF THE YEAR: SWISS VILLAGE SAVED
Mobile home park preservation highlights housing progress
By Mike Wiggins mike@ouraynews.com 
December 31, 2025
As the calendar flipped from 2024 to 2025, things looked bleak for the residents of Swiss Village Mobile Home Park in Ouray. They had rallied to form a cooperative in the wake of learning the park was...
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Field of dreams realized in Ridgway
News
TOP STORIES OF THE YEAR: ATHLETIC COMPLEX FINISHED
Field of dreams realized in Ridgway
By Mike Wiggins mike@ouraynews.com 
December 31, 2025
Ridgway Secondary School athletes were tired. Tired of running on hard surfaces that were tough on their bodies and practicing in school hallways and backyards. Tired of carpooling to Olathe in order ...
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Legislators seek to transfer reservoir to city
News
TOP STORIES OF THE YEAR: CRYSTAL RESERVOIR BILLS INTRODUCED
Legislators seek to transfer reservoir to city
By Lia Salvatierra lia@ouraynews.com 
December 31, 2025
Bipartisan members of Congress representing Ouray County co-sponsored bills introduced in 2025 to transfer Crystal Reservoir from the U.S. Forest Service to the city of Ouray, nearly a year after the ...
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‘I want to see them get to the most terrifying part of the climb … and see them complete it’
Columns, Feature...
PREP ROUNDUP
‘I want to see them get to the most terrifying part of the climb … and see them complete it’
By By Matt Meyer Special to the Plaindealer 
December 31, 2025
Ridgway coach Jonny Zaugg dedicated to helping young c limbers of all skill levels When Jonny Zaugg returned to Ridgway several years ago, he saw an opportunity to give back to the community and be th...
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Town builds public trail after judge allows land buy
News
TOP STORIES OF THE YEAR: RIDGWAY WINS CONDEMNATION CASE
Town builds public trail after judge allows land buy
By Lia Salvatierra lia@ouraynews.com 
December 31, 2025
The town of Ridgway won its case to condemn private property to build a public trail from the River Park subdivision to Ridgway Secondary School, after attempts to purchase a slice of property from th...
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Spike in wrecks prompts concern, improvements
News
TOP STORIES OF THE YEAR: HIGHWAY 550 SAFETY CONCERNS
Spike in wrecks prompts concern, improvements
By Lia Salvatierra lia@ouraynews.com 
December 31, 2025
A spike in fatal and serious-injury accidents on U.S. Highway 550 in Ouray County in 2025 caught the attention of the public and the Colorado Department of Transportation, which moved to expedite some...
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Calendar & Events
Calendar & Events, Feature...
Calendar & Events
Jan. 1-14, 2026
December 31, 2025
THURSDAY JANUARY 1 Polar Bear plunge at the Ouray Hot Springs Pool, 1 p.m. SATURDAY JANUARY 3 Trivia Night. Free to attend. 7 p.m. at the Wright Opera House, 472 Main St. in Ouray. WEDNESDAY JANUARY 7...
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