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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.

Hickenlooper hopeful for fire disaster order
Main, News...
Hickenlooper hopeful for fire disaster order
Senator tours flood-damaged areas, surveys planned fire mitigation efforts
By By Chart Riggall chart@ouraynews.com 
September 2, 2026
U.S. Sen. John Hickenlooper said Friday he was optimistic the Trump administration will declare the Gold Mountain Fire a federal disaster, arguing Congress “wouldn’t settle for” the White House withho...
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Main, News...
County employees remain on paid leave
EMS paramedic, deputy emergency manager sent home days after fire started
By By James Hanlon james@ouraynews.com 
September 2, 2026
Ouray County has had two emergency-related employees on paid administrative leave since the early days of the Gold Mountain Fire. A third employee, Road and Bridge Superintendent Ty Barger, was placed...
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News
Businesses share struggles with senator
'You guys are in crisis,' Hickenlooper tells proprietors wrestling with aftermath of Gold Mountain Fire
By Mike Wiggins mike@ouraynews.com 
September 2, 2026
Ouray County business owners bent the ear of U.S. Sen. John Hickenlooper on Friday, sharing stories of declining profits and mass cancellations in the wake of the Gold Mountain Fire in the hopes the D...
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News
Cleanup project at former mine site to take until 2028, Thorin says
By By Chart Riggall chart@ouraynews.com 
September 2, 2026
A representative from Thorin Resources, the owner and operator of the Revenue-Virginius Mine, told Ouray County commissioners last week the company expects to complete a federally supervised cleanup p...
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News
Mining proposal faces unanimous scrutiny
Finance managers get cool reception from commissioners in bid for $110M federal grant to revive gold and silver mine in Governor Basin
By By Chart Riggall chart@ouraynews.com 
September 2, 2026
Kris Peterson and Alex Klemt said it was an algorithm that led them west from Colorado Springs, up a rough dirt road past the Camp Bird Mine, and into the lofty tundra of Governor Basin. With the help...
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Letters, Opinion...
Who is the MTN Lodge?
By SUE HUSCH 
September 2, 2026
Dear Editor: I opened the letter received last Wednesday and was a bit confused as to the intent, since the photos leading the letter are of the True Grit and several businesses that no longer exist i...
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LETTERS TO THE EDITOR
OHVs have made trail access more difficult
By Jennifer Cram 
September 2, 2026
Dear Editor: I am writing in response to Jeff Lindberg’s letter in the Aug. 27 edition. My husband and I live in Ouray County primarily because we love to hike. We have lived here for eight years, but...
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Letters, Opinion...
LETTER TO THE EDITOR
Tree thinning vital to managing wildfire
September 2, 2026
Dear Editor: This letter pertains to an article by Chart Riggall in the Aug. 27 edition. I thought it was an excellent article on the history of fire in the San Juans, etc. However, there was, in my o...
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Letters, Opinion...
LETTER TO THE EDITOR
Wind played major factor in Gold Mountain Fire
September 2, 2026
Dear Editor: It was the wind. I read with great interest the in-depth article by Chart Riggall in the Aug. 27 edition of the Ouray County Plaindealer. He cited the history of our forests and the reaso...
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News
County asks CDOT for help with noxious weeds
By By James Hanlon james@ouraynews.com 
September 2, 2026
Ouray County would like the Colorado Department of Transportation to do more to take care of noxious weeds growing out of control along U.S. Highway 550 and Colorado Highway 62. County commissioners s...
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News
Fire restrictions downgraded to Stage 1
Stage 2 fire ban rescinded
September 2, 2026
Ouray County and the town of Ridgway have rescinded Stage 2 fire restrictions and dropping down to less-restrictive Stage 1 restrictions, citing recent moisture that has helped reduce fire danger. The...
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