Videos Login Subscribe Renew E-edition
logo
ePaper
coogle_play
app_store
  • News
  • Features
  • Opinion
    • Columns
    • Letters
  • Obituaries
  • Classifieds
    • Place a Classified
  • Advertise
  • Contact us
  • Legal Notices
    • Read Statewide Legal Notices
  • Archives
    • News
    • Features
    • Opinion
      • Columns
      • Letters
    • Obituaries
    • Classifieds
      • Place a Classified
    • Advertise
    • Contact us
    • Legal Notices
      • Read Statewide Legal Notices
    • Archives
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.

New county manager seeks to lead with heart
Main, News...
New county manager seeks to lead with heart
After careers in big cities and large governments, Antonio Mendez is shifting his perspective
By Lia Salvatierra lia@ouraynews.com 
February 4, 2026
Ouray County is unlike most places Antonio Mendez has lived or worked before, and Mendez brings experience unlike the county has seen in two decades, or possibly ever. Ouray County’s new manager grew ...
this is a test
City leader pulls police from patrol duty
Main, News...
City leader pulls police from patrol duty
Administrator cites concerns about training, liability; sheriff's office assumes full control of services in Ouray
By Mike Wiggins mike@ouraynews.com 
February 4, 2026
Ouray City Administrator Michelle Metteer has pulled the police department’s two remaining officers off of patrol duty and reassigned them to administrative tasks, citing concerns about liability and ...
this is a test
News
County considers asking voters for tax hike in November
Staff to research potential funding measures for EMS, road and bridge; sheriff won't seek question this fall
By Lia Salvatierra lia@ouraynews.com 
February 4, 2026
Ouray County leaders want to research and poll the public’s appetite for asking voters for more tax revenue, to raise additional money for the county’s Emergency Medical Services and the Road and Brid...
this is a test
News
Ridgway gets initial OK for $1.34M grant
By Lia Salvatierra lia@ouraynews.com 
February 4, 2026
Ridgway has received initial approval for a $1.34 million grant to help it explore an all-electric building code for new construction and help electrify municipal operations, to lower its carbon footp...
this is a test
Good for you! Uncompahgre STEAM Fair
Feature
Good for you! Uncompahgre STEAM Fair
February 4, 2026
The “Good For You!” page is a place for reader-submitted photos illustrating community, celebrations and more. Want to submit a photo for publication? Here are some guidelines for submissions: - This ...
this is a test
New collaboration will provide more coverage of environmental issues
Columns, Opinion...
FROM THE PUBLISHER
New collaboration will provide more coverage of environmental issues
February 4, 2026
In the seven years we've owned the Plaindealer, it has become pretty obvious that we need more resources to help cover stories related to public lands, environmental issues and climate challenges. We ...
this is a test
ePaper
coogle_play
app_store
ePaper
coogle_play
app_store
Editor Picks
Letters, Opinion...
LETTERS TO THE EDITOR
Prairie dogs should be celebrated, not killed
February 4, 2026
Dear Editor: Thank you for alerting the public to the absurd bluff of Mark Kirk. He is threatening to sue the Ouray County commissioners if they don’t adopt a regulation to accommodate the exterminati...
this is a test
News
Judge to decide whether to unseal civil case
Plaindealer seeks public access to file that's be en sealed for nine months
By Plaindealer Staff Report Plaindealer@ouraynews.com 
February 4, 2026
A district court judge will decide whether to unseal records in a civil lawsuit that was filed nine months ago against the former Ouray police chief and has proceeded in secret. The lawsuit was filed ...
this is a test
News
Council, mayor seats up for election
February 4, 2026
Ridgway’s town council has three council seats and the mayor's position coming up for election this spring. Mayor John Clark and councilors Terry Schuyler, Kevin Grambley and Josey Scoville are up for...
this is a test
Feature, News...
‘Love Song’ takes to stage for Valentine’s
February 4, 2026
Sometimes audiences need a whimsical, light performance. And that's what folks can expect from UpstART Theater's next play, "Love Song," timed to lead up to Valentine's Day. The all-local cast of perf...
this is a test
Calendar & Events
Calendar & Events, Feature...
Calendar & Events
Feb. 5-19, 2026
February 4, 2026
THURSDAY FEBRUARY 5 Ouray County Republican Central Committee monthly meeting, 6 p.m., Twin Peaks Lodge and Hot Springs Sunshine Room, 50 Third Ave. in Ouray. Sewing class: Tote bags, from 1-3 p.m. at...
this is a test
Facebook

Remote-triggered avalanche in San Juan Mountains

First responders receive first COVID-19 vaccines

Ouray County Plaindealer
Office address:

195 S Lena St. Unit D
Ridgway, Colorado 81432
970-325-4412

Mailing address:
PO Box 529
Ridgway CO 81432

This site complies with ADA requirements

© 2023 Ouray County Plaindealer

  • Contact
  • Advertise
  • Accessibility Policy