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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.

Evacuations ordered near Cutler Creek as rain pummels burn scar
Main, News...
Evacuations ordered near Cutler Creek as rain pummels burn scar
Oak Street closed due to mud, flooding
By Mike 
July 29, 2026
UPDATE, 9:45 p.m. U.S. Highway 550 reopened between Ridgway and Ouray Wednesday night, authorities announced at 9:15 p.m. Emergency officials encouraged motorists to be cautions when driving through a...
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Rain on burn scar triggers flooding, evacuation
Main, News...
Rain on burn scar triggers flooding, evacuation
Hydrologist: Above-average rain forecast through September
By Chart Riggall 
July 29, 2026
Heavy rainfall over scorched soil sent flash floods raging down Cutler Creek on Sunday night, spilling mud down through Ponderosa Village and briefly shuttering U.S. Highway 550. The torrent of water ...
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Fire scorches bottom lines
Main, News...
Fire scorches bottom lines
Reliant on summer tourism, reeling businesses running out of time to claw back lost revenue
By Mike Wiggins, Chart Riggall and Erin McIntyre 
July 29, 2026
It didn’t take but a spark and a stiff breeze to turn Justin Mitchell’s summer upside down. During the first few hours of the Gold Mountain Fire, Mitchell — who runs a horseback guiding outfit in the ...
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News
Governments team up on flood mitigation
City, nonprofits pitch in $165,000, while financially pinched county searches for more funding
By Mike Wiggins and Erin McIntyre mike@ouraynews.com erin@ouraynews.com 
July 29, 2026
Government agencies and nonprofit organizations have begun stepping up to help Ouray County pay to protect homes and roads from flooding and mudslides in the aftermath of the Gold Mountain Fire. The O...
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Feature
Ridgway-area homes featured on Home Trust tour
By Plaindealer Staff Report Plaindealer@ouraynews.com 
July 29, 2026
An eclectic mix of Ridgway-area houses are on the Home Trust of Ouray County's tour this weekend, with homeowners opening their homes to participants to help raise funds for affordable housing. This y...
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Feature
Equal parts romantic comedy, moral conflict, ‘Love’s Labors Lost’ takes stage in Ouray
By Mike Wiggins mike@ouraynews.com 
July 29, 2026
Forty years after he wrote his senior thesis about “Love’s Labors Lost,” one of William Shakespeare’s seldom-seen, early comedies still resonates with John Kissingford. As a student at Princeton Unive...
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Editor Picks
Letters, Opinion...
LETTER TO THE EDITOR
Thank you, community
July 29, 2026
Dear Editor: We were getting ready for bed the evening of June 27 when our power went out. Shortly after we received the evacuation alert on our phone. At this point we were unaware of the fire. We lo...
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Rain helps, but region still mired in drought
Columns, Opinion...
Rain helps, but region still mired in drought
By Karen Risch 
July 29, 2026
Two weeks ago, the southwest monsoon arrived, bringing relief to these parched landscapes and their residents. Most afternoons since then, Ouray has had measurable rain. But the condition of these mou...
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Looking Back
Feature
Looking Back
By Compiled from the files of The Ouray County Herald, The Ridgway Sun, and The Ouray County Plaindealer 
July 29, 2026
60 Years Ago July 28, 1966 High cables across the Uncompahgre valley and river, leading from a mountainside to the Silver Shield Mill, are to come down this weekend, according to Warren H. Gibbs. Gibb...
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Good for you!
Feature
Good for you!
July 29, 2026
The Wizards of the West celebrate winning the Ouray Parks & Rec Softball League Championship on Tuesday, finishing their season with a 10-2 record. Pictured here in the back row from left to right are...
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Shop owner swaps calculator for chisel
Feature
Shop owner swaps calculator for chisel
Western Slope native buys Ouray Hardware & Mercantile
By By Chloe Kiparsky Special to the Plaindealer 
July 29, 2026
Jon Pollard’s life changed when he and his wife, Jessica, bought Ouray Hardware & Mercantile on May 1. For 21 years, his career had been in the H&R Block franchise. He said he “wore many hats” during ...
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