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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.

Unaffiliated county candidates announce election campaigns
Main, News...
Unaffiliated county candidates announce election campaigns
First-timers Todd, Oakland seek clerk, treasurer posts
By Erin McIntyre erin@ouraynews.com 
January 7, 2026
Editor's note: This story has been corrected to specify that Glenn Boyd volunteers for the county EMS department. A group of unaffiliated political candidates joined together this week to announce the...
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Main, News...
Mild temps leave Ice Park high, dry
Without key ingredient — ice — and no estimated opening date, officials forced to reimagine festivals
By By Lia Salvatierra and Mike Wiggins lia@ouraynews.com mike@ouraynews.com 
January 7, 2026
The half-bare walls of the Uncompahgre Gorge tell a story Peter O’Neil wanted no part of — one of 50-degree December days and out-of-work rangers and ice farmers scrambling to find other sources of in...
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Schiffer, Doherty picked for council
Main, News...
Schiffer, Doherty picked for council
By Mike Wiggins mike@ouraynews.com 
January 7, 2026
Ouray Planning Commissioner Kevin Schiffer and former city building inspector Dave Doherty were selected Monday to fill the two vacancies on the Ouray City Council, restoring a full slate of elected o...
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News
Sheriff steps in again to help police
Residents back former interim chief as meeting scheduled to discuss future of policing in Ouray
By Mike Wiggins mike@ouraynews.com 
January 7, 2026
The city of Ouray is once again leaning on the Ouray County Sheriff’s Office to fill gaps in police officer patrol shifts, after City Administrator Michelle Metteer decided not to hire Interim Police ...
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News
Skijoring marks anniversary with expanded competition
By Erin McIntyre erin@ouraynews.com 
January 7, 2026
The organizers of the San Juan Skijoring event learned a long time ago they couldn't count on Mother Nature to provide the materials for their competition. Last year, they invested $54,000 in their ow...
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Calendar & Events
Calendar & Events, Feature...
Calendar & Events
Jan. 8-22, 2026
January 7, 2026
Thursday, January 8 Sewing class: Mug Rugs, from 1-3 p.m. at the Ridgway Public Library, 300 Charles St. Sign up at the front desk. Tech Thursday – Get help with quick tech problems from 4-6 p.m. at t...
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Editor Picks
Robert Kendall Zanett
Obituaries
Robert Kendall Zanett
January 7, 2026
July 15, 1941 – January 20, 2024 An obituary was never written for my husband, Bob, because he still lives on in my life (Claudia Sue Zanett); the lives of our two sons — Robert Gordon Zanett (wife Kr...
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John Edward Peters
Obituaries
John Edward Peters
January 7, 2026
February 26, 1959 – October 30, 2025 We are deeply saddened to share that John Edward Peters passed away on October 30, 2025. His unexpected death has left a profound void in the hearts of those who k...
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News
Nine vying to fill two openings on Ouray City Council
Council will use ranked choice voting to select councilors
By Mike Wiggins 
January 2, 2026
Editor's note: This story has been updated to reflect council applicant Ashley Hineline's recent job change. The three-member Ouray City Council will have plenty of options to choose from when it deci...
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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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