Videos Login Subscribe Renew E-edition
logo
ePaper
coogle_play
app_store
  • News
  • Features
  • Opinion
    • Columns
    • Letters
  • Obituaries
  • Classifieds
    • Place a Classified
  • Advertise
  • Contact us
  • Legal Notices
    • Read Statewide Legal Notices
  • Archives
    • News
    • Features
    • Opinion
      • Columns
      • Letters
    • Obituaries
    • Classifieds
      • Place a Classified
    • Advertise
    • Contact us
    • Legal Notices
      • Read Statewide Legal Notices
    • Archives
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.

Blood moon rising
Main, News...
Blood moon rising
March 4, 2026
this is a test
Main, News...
City: No to more remote governance
Ouray council rejects member's request to attend more meetings from afar
By Mike Wiggins mike@ouraynews.com 
March 4, 2026
The Ouray City Council on Monday unanimously rejected a councilor’s request for greater leeway to participate in council meetings remotely, agreeing it’s vital for elected officials to face constituen...
this is a test
A dilemma 25 years in the making
Main, News...
4-H EVENT CENTER
A dilemma 25 years in the making
Commissioners determined to improve fiscal health of facility plagued by management, use questions since its donation
By Lia Salvatierra lia@ouraynews.com 
March 4, 2026
The dilemma of how to manage, finance and use the Ouray County 4-H Event Center is coming full circle, reflecting conversations that happened more than 25 years ago when the facility was donated to th...
this is a test
Pool house design draws varied reactions
News
Pool house design draws varied reactions
Residents alternately praise, pan contemporary appearance, debate proposed community space
By Mike Wiggins mike@ouraynews.com 
March 4, 2026
Ouray County residents peppered architects and Ouray parks and recreation officials with questions and feedback about a proposed new pool house at the Ouray Hot Springs Pool, revealing a broad spectru...
this is a test
News
Rural teens, caregivers sought to participate in suicide risk study
By Erin McIntyre erin@ouraynews.com 
March 4, 2026
Editor's note: This story talks about topics related to suicide. If you or anyone else needs resources, please call or text 988 or visit 988colorado.com. For Dr. Maya Haasz, it didn’t feel right to us...
this is a test
News
County launches inaugural wellness fair
March 15 Wellnesspalooza seeks to offer assistance, no matter the ailment
By Lia Salvatierra lia@ouraynews.com 
March 4, 2026
For those seeking resources for addiction or other mental health issues, or simply to improve overall wellness, Ouray County’s first Wellnesspalooza brings together local and regional providers, commu...
this is a test
ePaper
coogle_play
app_store
ePaper
coogle_play
app_store
Editor Picks
News
CLARIFICATION
March 4, 2026
An article in the Feb. 26-March 4 edition about the county attorney’s evaluation should have made clear that that Ouray County had four members of the administration team and one employee leave their ...
this is a test
News
CORRECTION
March 4, 2026
A subheadline in the Feb. 26-March 4 edition for an article about the Ridgway Town Council election incorrectly indicated the number of open council seats and number of candidates for those seats. The...
this is a test
Letters, Opinion...
Elected officials should fly ‘Betsy Ross’ flag
March 4, 2026
Dear Editor: I saved last year’s July 10-16 edition of the Plaindealer because its coverage of the city of Ouray’s Independence Day parade reminded me that it marked the beginning of what would be a y...
this is a test
Letters, Opinion...
LETTERS TO THE EDITOR
Ouray fortunate to have city administrator
March 4, 2026
Dear Editor: We all know how lucky we are to live in Ouray, but most of us do not know how fortunate we are to have Michelle Metteer as our city administrator. She is a soft-spoken person so I would l...
this is a test
Looking Back
Feature
Looking Back
March 4, 2026
Compiled from the files of The Ouray County Herald, The Ridgway Sun, and The Ouray County Plaindealer 60 Years Ago March 3, 1966 Arthur R. Alschbach, Ouray's oldest continuous resident, died March 1 a...
this is a test
Facebook

Remote-triggered avalanche in San Juan Mountains

First responders receive first COVID-19 vaccines

Ouray County Plaindealer
Office address:

195 S Lena St. Unit D
Ridgway, Colorado 81432
970-325-4412

Mailing address:
PO Box 529
Ridgway CO 81432

This site complies with ADA requirements

© 2023 Ouray County Plaindealer

  • Contact
  • Advertise
  • Accessibility Policy