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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.

News
City administrator to lead Ouray police chief search
By Mike Wiggins 
January 21, 2026
Ouray City Administrator Michelle Metteer told city councilors Tuesday she will take charge of recruiting a new police chief. That’s a different approach than the city took when it was looking for a p...
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ICE FARMERS GET THEIR CROP
Main, News...
ICE FARMERS GET THEIR CROP
A long-awaited cold snap allows Ice Park to open, just in time for festival
By LIA SALVATIERRA 
January 21, 2026
After weeks of planning for the worst, the Ouray Ice Park has ice to offer after all, just in time for the 31st Ice Festival this weekend. Ice Park Executive Director Peter O’Neil has spent the past t...
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Judge delays assault trials
Main, News...
Judge delays assault trials
Attorneys say they're not ready; cases will be heard by Montrose juries
By Mike Wiggins mike@ouraynews.com 
January 21, 2026
The trials for two men accused of sexually assaulting a 17-year-old girl in Ouray County in 2023 have been postponed, even as the woman and the judge presiding over the cases expressed concerns about ...
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News
New county manager tackles big ticket items
Mendez focused on 2027 budget, team building
By Lia Salvatierra lia@ouraynews.com 
January 21, 2026
Ouray County’s new manager wants commissioners to start thinking about the county’s 2027 budget now — just two weeks into 2026 and three weeks into his new job. During Antonio Mendez’s first work sess...
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Film showcases climber’s return to sport
Feature
Film showcases climber’s return to sport
'Anna' documents how Ouray-based Pfaff pushed ahead after amputation of toes
By Lia Salvatierra lia@ouraynews.com 
January 21, 2026
Anna Pfaff’s choice to move onward and, especially upward, resonates beyond world-class peaks in a locally made film on the elite Ouray-based climber. "Anna" is a 22-minute portrait of Pfaff’s return ...
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Ridgway shelves anti-idling ordinance
News
Ridgway shelves anti-idling ordinance
Citing concerns, town will instead explore zones where running vehicles would be prohibited
By Erin McIntyre erin@ouraynews.com 
January 21, 2026
The Ridgway Town Council last week rejected a proposed ordinance aimed at outlawing idling vehicles on public property, citing concerns including enforcement difficulties. The council instead decided ...
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Council appoints Wood, Light to Ouray planning commission
Wood, Light named to planning commission
January 21, 2026
In a pair of split votes, the Ouray City Council on Tuesday night appointed John Wood and Pat Light to the Ouray Planning Commission. Councilors voted 3-2 to select Wood for a seat on the commission, ...
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Good for you!
Feature
Good for you!
Send us your celebrations!
January 21, 2026
Ridgway Secondary School guidance counselor Terra Malmstrom gave a presentation during a conference celebrating Rudolf Steiner in December at Harvard Divinity School. Her presentation, "Beyond Surviva...
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New county clerk sworn in
News
New county clerk sworn in
January 21, 2026
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News
Sustainability board to ramp up work in 2026
To-do list includes creating composting options, landscaping incentives
January 21, 2026
By Lia Salvatierra lia@ouraynews.com Ridgway’s Sustainability Advisory Board plans to create residential composting options, incentives for water-conscious landscaping and a zero-waste policy for even...
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Calendar & Events
Calendar & Events, Feature...
Calendar & Events
Jan. 22-Feb. 5, 2026
January 21, 2026
Thursday, January 22 Tech Thursday – Get help with quick tech problems from 4-6 p.m. at the Ridgway Public Library, 300 Charles St. Walk-ins welcome. Film club: "Famous Last Words," with the Ouray Pub...
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