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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 2025. 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.

UPDATE: Body of Ridgway man found in Chaffee County
Main, News...
UPDATE: Body of Ridgway man found in Chaffee County
By Mike 
October 28, 2026
The bodies of a college student from Ridgway and another man were found Wednesday afternoon in Chaffee County, five days after they left for a weekend hiking trip and got caught in a snowstorm. Kaden ...
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A well-deserved honor
Main, News...
A well-deserved honor
By Erin McIntyre 
October 28, 2026
The Telluride Foundation is honoring Williams with its 2026 Volunteer of the Year award. Williams, who moved to Ouray in 1975, is a longtime volunteer and former Ouray city councilor. Her experience i...
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News
Cow Creek project fight heads to key hearing
By Chart Riggall 
October 28, 2026
A Colorado judge will consider next week whether regional water managers have enough ground to stand on to pursue a plan to divert water from Cow Creek into Ridgway Reservoir, as a long-running battle...
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News
SMPA proposes fifth consecutive rate hike
Trio of increases would raise access charge 27%
By Chart Riggall 
October 28, 2026
San Miguel Power Association has proposed to hike its base monthly access charge for the vast majority of its customers from $33 to $42, marking the fifth straight year the power provider has sought a...
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News
Agency warns of ongoing flood threats in burn scar
By Chart Riggall 
October 28, 2026
A U.S. Forest Service survey of the Gold Mountain Fire says flooding and debris flows will likely continue to be dangers within the most severely scorched areas of the burn scar. A report released thi...
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Ridgway college student missing after hike
News
Ridgway college student missing after hike
Searchers looking for Kaden Matsuda, s econd man near Buena Vista
By Mike Wiggins mike@ouraynews.com 
October 28, 2026
Dozens of searchers spent a third day Wednesday looking for a college student from Ridgway and another man who went hiking in the central Colorado mountains last weekend and didn’t return. Kaden Matsu...
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News
Plan to donate land for housing rescinded
Home Trust withdraws Pleasant Valley project application
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October 28, 2026
The Home Trust of Ouray County withdrew a request for a land use variance before county commissioners could vote to deny it at a hearing Tuesday. The variance would have allowed Martha Campbell to sub...
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Letters
Romero will be strong voice in Congress
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LETTERS TO THE EDITOR
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News
CORRECTION
By Plaindealer Staff 
October 28, 2026
An article in the Oct. 22-28 edition, “County wants water users to take on reservoir lease,” misstated the amount of funds that Tri-County Water Conservancy District receives to operate and manage Our...
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