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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.

State to reduce highway speeds near Ridgway
Main, News...
HIGHWAY 550 SAFETY
State to reduce highway speeds near Ridgway
By Lia Salvatierra lia@ouraynews.com 
November 26, 2025
The Colorado Department of Transportation plans to lower the speed limit for traffic along a half-mile stretch of U.S. Highway 550 north of Ridgway, near a section of road where the highest number of ...
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Main, News...
OURAY'S 2026 BUDGET
City trims jobs, capital expenses
By Mike Wiggins mike@ouraynews.com 
November 26, 2025
A cautious Ouray City Council approved a $16.8 million budget for 2026 on Tuesday, leaving a handful of vacant jobs unfilled and slashing capital projects in anticipation of a potential economic downt...
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News
Schools adopt frameworks for AI tools
By Lia Salvatierra lia@ouraynews.com 
November 26, 2025
Both Ridgway Secondary School and the Ouray School District have adopted guidelines for students to use artificial intelligence, joining the first wave of schools in the state to do so. Lining classro...
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News
As scams climb, experts offer insight on how to avoid them
Local bank, police officials: Fraud attempts growing in sophistication
By Mike Wiggins mike@ouraynews.com 
November 26, 2025
Anyone can become the victim of fraud. In Ouray County, one person lost $17,000 after being coerced into setting up a series of bank transfers. Property owners were duped by a home builder who created...
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News
CORRECTION
November 26, 2025
An article on Page 6 of the Nov. 20-26 edition incorrectly reported the Ridgway Town Council's votes on a new anti-idling ordinance. The ordinance was approved 5-1, with Councilor Michelle Montague vo...
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Feature
SEASON OF SHARING
Ouray County Peacejam
November 26, 2025
Editor's note: The Ouray County Plaindealer is continuing its tradition of featuring nonprofit organizations based in Ouray County, serving Ouray County in a series of profiles called Season of Sharin...
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Housing report: Few first-time buyers can afford average-priced homes in Ouray County
100% of Ridgway homes out of affordable price range
By Lia Salvatierra lia@ouraynews.com 
November 26, 2025
An estimated 100% of potential firsttime homebuyers in Ridgway and 93% of those in Ouray County cannot afford to buy an average-priced home. Those are among the most striking findings in a housing nee...
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In San Juans, a case of winter whiplash
Columns, Opinion...
In San Juans, a case of winter whiplash
By Karen Risch 
November 26, 2025
Ouray finally woke up to its first measurable snowfall Monday, Nov. 24. While waiting for the magic of winter’s arrival, late or not, I found myself wondering: Would this 2025-2026 season’s first meas...
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Weehawken Creative Arts
Feature
SEASON OF SHARING
Weehawken Creative Arts
November 26, 2025
Editor's note: The Ouray County Plaindealer is continuing its tradition of featuring nonprofit organizations based in Ouray County, serving Ouray County in a series of profiles called Season of Sharin...
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News
Ridgway predicts revenue drop, approves draft budget
Town expects to exceed $5M in general fund spending, dip into reserves
By By Erin McIntyre and Lia Salvatierra erin@ouraynews.com lia@ouraynews.com 
November 26, 2025
Ridgway plans to spend more than $5 million from its general fund in 2026, while at the same time town leaders are predicting a drop in revenue. The town will need to draw on its reserves to balance t...
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A passion that’s choc-full of potential
Feature
A passion that’s choc-full of potential
After bouncing around rental kitchens, entrepreneur ramps up Gus Chocolate from new off-grid home
By Lia Salvatierra lia@ouraynews.com 
November 26, 2025
Past a gate, at the end of a dirt road on Log Hill Mesa, is an Ouray County-style Willy Wonka factory. From his off-grid home, Nathan Montgomery churns small batches of chocolate, entirely powered by ...
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