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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.

Forest closure expands as fire makes another big run
Main, News...
Forest closure expands as fire makes another big run
By Mike 
July 2, 2026
The U.S. Forest Service this afternoon expanded the closure area in the Uncompahgre National Forest east of Ridgway, as the Gold Mountain Fire makes another big run. The original closure largely encom...
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News
Water providers ask customers to conserve
By erin@ouraynews.com 
July 2, 2026
Water managers are asking residents to avoid excessive water use and putting more demand on their distribution system. Ridgway Mayor John Clark announced during a Ouray County Board of County Commissi...
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Reservoir to close due to aerial firefighting operation
News
Reservoir to close due to aerial firefighting operation
By erin@ouraynews.com 
July 2, 2026
Ridgway Reservoir will close to boaters as soon as planes dispatched to assist with the aerial attack on the Gold Mountain Fire arrive. It's hard to tell exactly when that will be, but Colorado Parks ...
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Fire surges into Cimarrons
Main, News...
Fire surges into Cimarrons
Evacuations expand, forest closes as forecast offers little relief
By Mike Wiggins and Erin McIntyre mike@ouraynews.com erin@ouraynews.com 
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A wildfire that started as a wisp of smoke on a cliffside just north of Ouray last weekend exploded to more than 15,000 acres by Wednesday, driven by winds north to the Cimarron Range east of Ridgway....
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City curtails holiday events, keeps parade
Main, News...
City curtails holiday events, keeps parade
By Deb Hurley Brobst Special to the Plaindealer 
July 1, 2026
Fourth of July events in Ouray will be scaled back this year in response to the Gold Mountain Fire, with the July 3 fire department benefit concert and the Independence Day parade and kids’ games a go...
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Blaze forces evacuations, destroys family cabin
News
Blaze forces evacuations, destroys family cabin
No word when owners will be able to return
By By Mike Wiggins, Erin McIntyre and Deb Hurley Brobst mike@ouraynews.com erin@ouraynews.com 
July 1, 2026
Rachel Nichols helped Russell McCrady when he needed emergency treatment for his dog. Little did she know he would return the favor when she and her husband encountered their own emergency, after they...
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Fire crashes wedding party
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Fire crashes wedding party
Forced to flee, Denver-area couple improvises, moves celebration
By Mike Wiggins mike@ouraynews.com 
July 1, 2026
The navy blue suit was ready for James Lindaman to attach his great-grandfather’s Air Force airman’s pin to the lapel. Michelle Lindaman spent months arranging every detail of her wedding, from the fl...
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Looking Back
Feature
Looking Back
July 1, 2026
Compiled from the files of The Ouray County Herald, The Ridgway Sun, and The Ouray County Plaindealer 60 Years Ago July 7, 1966 Dynamite charges started Ouray’s Independence Day Celebration with a ban...
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News
In light of staff survey, commissioners vow to govern better, improve pay
By Deb Hurley Brobst Special to the Plaindealer 
July 1, 2026
Ouray County commissioners responded to the good, the bad and the ugly from the “2026 Employee Viewpoint Survey,” saying they were pleased county employees said they generally like their jobs, committ...
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News
Q&A: Gold Mountain Fire
By Plaindealer Staff Report Plaindealer@ouraynews.com 
July 1, 2026
The emergency response to the Gold Mountain Fire has been sudden and information is changing from day to day. Here are some answers to questions we have received from readers you might find helpful. P...
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Calendar & Events
Calendar & Events, Feature...
Calendar & Events
July 2-16, 2026
July 1, 2026
EDITOR'S NOTE: All events are subject to change, given the state of emergency and the Gold Mountain Fire. Thursday, July 2 Ridgway Concert Series: Levi Platero with opener Shelby Means, free concert i...
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