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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.

Pilot dies in reservoir crash
Main, News...
Pilot dies in reservoir crash
Accident under investigation; man honored with procession
By Mike Wiggins mike@ouraynews.com 
July 15, 2026
An experienced firefighting pilot who was pulling water from Silver Jack Reservoir to battle the Gold Mountain Fire died Sunday when his helicopter plunged into the reservoir northeast of Ridgway. Nic...
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Heights, heat add to firefighters’ strain
Main, News...
Heights, heat add to firefighters’ strain
By By Chart Riggall chart@ouraynews.com 
July 15, 2026
Hotshot Jesse Eaves calls it “The Great Race.” At the small tent city along U.S. Highway 550, Eaves starts each day with a 5 a.m. wakeup call. Thus begins an eight-minute sprint for him and his Califo...
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News
County approves hiring fire recovery manager — if it can find funding
By Mike Wiggins and Deb Hurley Brobst mike@ouraynews.com 
July 15, 2026
Ouray County intends to hire an employee who can help lead the county’s efforts to recover from the Gold Mountain Fire — assuming it can find funding. County commissioners on Tuesday unanimously agree...
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News
Trust, county close to conserving open space park
Grants, donations put nonprofit on brink of acquiring Silver Mountain Mine property
By Deb Hurley Brobst Special to the Plaindealer 
July 15, 2026
Ouray County is much closer to getting a new open space park on the Silver Mountain Mine property. The Trust for Land Restoration has received a $180,000 Great Outdoors Colorado grant. Couple that wit...
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Man gets probation, community service in sex assault case
News
Man gets probation, community service in sex assault case
One of three defendants, Whittington admits to giving alcohol to minor
By Mike Wiggins mike@ouraynews.com 
July 15, 2026
A former Ouray County man was sentenced Monday to one year of unsupervised probation for providing alcohol to a then-17-year-old girl who said she was sexually assaulted by two others at the former Ou...
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Letters, Opinion...
Thank you, helpers
By Dave Conrad 
July 15, 2026
Dear Editor: A word of gratitude: These last days since the Gold Mountain Fire started on June 27 have been hard for us, individually and as a community. During times of strife and difficulty a wise m...
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Editor Picks
Letters, Opinion...
LETTERS TO THE EDITOR
Thank you, firefighters
By Kathy Hall 
July 15, 2026
Dear Editor: Thank you is a simple phrase most of us use every day. However, now "thank you" just doesn’t seem adequate for our firefighters and first responders. Thank you for saving our town, our ho...
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Letters, Opinion...
LETTER TO THE EDITOR
Dead trees need removal
By Thomas Lang 
July 15, 2026
Dear Editor: On the evening of June 27 my wife, Lori, and I evacuated our home in unincorporated Ouray County and drove to Montrose due to the Gold Mountain Fire. All afternoon we watched from my fron...
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Letters, Opinion...
City has known issues with gym for years
By Kitty Calhoun 
July 15, 2026
Dear Editor: I would like to clarify some points made in the Plaindealer's article, “Following outcry, Ouray seeks gym solutions," from the July 9 edition. First, it was “acknowledged that the city di...
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Chimney Rock stands as sentinel in smoke
Columns, Feature...
Chimney Rock stands as sentinel in smoke
By Carolyn Snowbarger 
July 15, 2026
If you look east from Ridgway, the view of the Cimarron Range is usually a masterpiece of sharp, clear angles. At the center of it all stands the unmistakable spire of Chimney Rock. Together with its ...
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Looking Back
Feature
Looking Back
July 15, 2026
Compiled from the files of: The Ouray County Herald, The Ridgway Sun, and The Ouray County Plaindealer 60 Years Ago July 14, 1966 Reports early this week on the results of four days of mosquito sprayi...
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