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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.

Field of dreams realized
Main, News...
Field of dreams realized
Community celebrates opening of new $4 million athletic complex
By Erin McIntyre erin@ouraynews.com 
September 17, 2025
The runners pounded out miles on dirt trails, gravel roads and sidewalks ringing public parks. They launched themselves over hurdles in carpeted hallways of the school, sometimes crashing into the met...
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Main, News...
Ouray to ditch large downtown signs
Public pans signs as out of place, will review smaller prototypes
By Mike Wiggins mike@ouraynews.com 
September 17, 2025
The city of Ouray is prepared to scrap a series of new large signs installed this summer in the downtown core meant to direct drivers to various locations in favor of smaller signs, acceding to reside...
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News
Councilors: Ouray residents, company need to do better securing trash
By Mike Wiggins mike@ouraynews.com 
September 17, 2025
With bears loading up on calories in preparation for hibernation, some Ouray city councilors said they're looking for both residents and the city's trash services provider to do better to ensure bears...
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News
County looks to curb 2026 budget
Plan calls for 2.5% cost-of-living employee salary increase; sheriff pulls request for additional deputy
By Lia Salvatierra lia@ouraynews.com 
September 17, 2025
After years of growth, Ouray County leaders are working together to find ways to rein in or hold costs steady in 2026. During a special work session Tuesday, county officials looked at an early draft ...
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Looking Back
News
Looking Back
September 17, 2025
Compiled from the files of The Ouray County Herald, The Ridgway Sun, and The Ouray County Plaindealer 50 Years Ago September 18, 1975 The Ouray County commissioners have responded by letter to stateme...
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News
Ridgway may expand wildland fire operations
Fire district contemplates adding two positions, new engine
By Lia Salvatierra lia@ouraynews.com 
September 17, 2025
The Ridgway Fire Protection District is looking to expand its wildland firefighting capabilities by hiring two new positions and buying a new, top-tier wildland fire engine. Expanding the department’s...
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County’s first safety fair this weekend
By Lia Salvatierra lia@ouraynews.com 
September 17, 2025
Witness airbags explode, a medical helicopter landing and how to drive an excavator — all without harm or injury at Ouray County’s first safety fair on Saturday. The event, "Survival Games: Fun Ways N...
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News
Pickleball tournament hits Ridgway this weekend
Third-annual San Juan Slam raising funds for permanent courts
By Mike Wiggins mike@ouraynews.com 
September 17, 2025
When members of the Ridgway Pickleball Club decided to launch a pickleball tournament two years ago, their biggest challenge was organizing it in just six weeks. Today, the challenge is accommodating ...
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News
For Ouray, public works, public safety, pool at forefront of 2026 budget
By Lia Salvatierra lia@ouraynews.com 
September 17, 2025
Ouray city leaders are prepared to spend millions of dollars on capital construction projects in 2026, including proposed improvements at the Ouray Hot Springs Pool, building a new public works facili...
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More than competition, Cimarron Athletic Field is about connections, community
Columns, Opinion...
GUEST COLUMN
More than competition, Cimarron Athletic Field is about connections, community
By Peter Hessler 
September 17, 2025
When it came to planning and building Ridgway’s brand-new Cimarron Athletic Field, my wife, Leslie T. Chang, and I had very little to contribute. We aren’t engineers or contractors, and neither of us ...
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Send us your celebrations!
News
Send us your celebrations!
September 17, 2025
The “Good For You!” page is a place for reader-submitted photos illustrating community, celebrations and more. Maybe you snapped photos of volunteers doing trail work, or your kids raising funds for a...
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