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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.

City takes plunge on hot springs repairs
Main, News...
City takes plunge on hot springs repairs
Council approves $286,568 contract to resurface, replace tiles in overlook pools in September
By Mike Wiggins mike@ouraynews.com 
April 22, 2026
The city of Ouray will spend more than $280,000 to resurface the hottest soaking areas at the Ouray Hot Springs Pool this fall, a repair pool managers say is vital to maintaining one of the city’s mos...
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County backs down on road closure
Main
County backs down on road closure
Rather than block access to upper Yankee Boy Basin, commissioners focus on managing, restoring
By Lia Salvatierra lia@ouraynews.com 
April 22, 2026
Ouray County has decided against closing the upper section of Yankee Boy Basin road to motorized traffic, and will work with the U.S. Forest Service and volunteer groups to keep drivers on the main ro...
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News
County leaders campaign for merger
Commissioner claims benefits to combined fire, EMS; Log Hill Fire District concerned about structure, cost
By Lia Salvatierra lia@ouraynews.com 
April 22, 2026
Ouray County leaders last week campaigned for a combined countywide fire and emergency services authority at a Log Hill Mesa Fire Protection District meeting, while the district’s board of directors a...
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News
City keeps status quo on Via Ferrata operations — for now
Climbing course to open soon under new municipal management, as users seek changes to guide fees, weight restrictions
By Mike Wiggins mike@ouraynews.com 
April 22, 2026
The Ouray Via Ferrata is scheduled to open May 1 under a new municipal management structure, even as city leaders and commercial guides debate whether to tweak key details like guide fees and weight r...
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News
Federal officer charged with assault over confrontation at Durango ICE protest
By By Chase Woodruff Colorado Newsline 
April 22, 2026
A U.S. Customs and Border Protection officer is facing charges of assault and criminal mischief in Colorado state court after an investigation into an October 2025 incident in Durango in which he seiz...
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Blue Lakes trail won’t require permit this year
News
Blue Lakes trail won’t require permit this year
No permits needed at Blue Lakes this year
By By Lia Salvatierra 
April 22, 2026
Hikers and campers won’t need a permit to hike the famed Blue Lakes trail until at least 2027, though there are other new rules for using the area this summer. The anticipated permit system was part o...
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Mine owners to address cleanup efforts at meeting
By LIA SALVATIERRA 
April 22, 2026
For the first time in eight years, the owner of the Idarado Mine is joining the Uncompahgre Watershed Partnership for a public update on its cleanup efforts in Ouray County. The “Local Water Quality &...
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4-H, fairgrounds to restart operations with new manager
April 22, 2026
Ouray County will restart events at the 4-H Event Center and Fairgrounds on May 1, now that it has hired a new manager for the facility. Operations at the facility have been largely on hold since mid-...
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Dry winter sparks more interest in cloud seeding
State weather modification program manager: Technology could be critical to boosting water supply
By By Ryan Spencer Vail Daily 
April 22, 2026
Colorado’s weather modification program is seeing an increased interest in cloud-seeding technology after the record-low snowpack this past winter. In the past couple of weeks, Weather Modification Pr...
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Town seeks millions in federal money for sewer plant
By Plaindealer Staff 
April 22, 2026
Ridgway is asking for $2.25 million in congressionally directed spending to rebuild part of its sewer plant to comply with state standards. The funding request, approved during an April 8 meeting, is ...
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Man arrested at Ridgway restaurant
By Plaindealer Staff 
April 22, 2026
A Montrose man was arrested Tuesday afternoon in Ridgway after the Montrose Police Department asked the Ridgway Marshal’s Office for assistance in detaining him. Vicente Gonzales, 33, was arrested by ...
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