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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.

Firefighters gain ground on Gold Mountain Fire
Main, News...
Firefighters gain ground on Gold Mountain Fire
Sheriff allows some evacuees to return home; blaze shifts away from populated areas
By By Mike Wiggins, Erin McIntyre and Deb Hurley Brobst mike@ouraynews.com erin@ouraynews.com 
July 8, 2026
Residents forced to flee the Gold Mountain Fire north of Ouray nearly two weeks ago returned to charred landscapes but fully intact homes Wednesday, an indication that authorities believe the threat h...
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Despite fire, downsized Fourth celebration marches on
Main, News...
Despite fire, downsized Fourth celebration marches on
By Erin McIntyre erin@ouraynews.com 
July 8, 2026
A scaled-back Fourth of July celebration of the 250th birthday of the United States and 150th birthday of Ouray attracted thousands to the city, despite the cancellation of fireworks, water fights and...
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First fire, then floods? Leaders start planning for next potential emergency
News
First fire, then floods? Leaders start planning for next potential emergency
By Deb Hurley Brobst Special to the Plaindealer 
July 8, 2026
Even though the Gold Mountain Fire is still burning, Ouray County officials are already thinking about flash flood risks in the burn scar as Colorado moves into monsoon season. “This is a predictable ...
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News
Water providers ask customers to pull back
Ridgway enacts mandatory irrigation restrictions
By Mike Wiggins and Erin McIntyre mike@ouraynews.com erin@ouraynews.com 
July 8, 2026
Water managers in Ouray County are asking residents to curtail water use and avoid putting more demand on their distribution systems in light of the Gold Mountain Fire and ongoing tinder-dry condition...
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News
Looking Back
50 Years Ago
July 8, 2026
July 7, 1966 Charges have been filed in Ouray County Court against three Ouray youths for violation of state statutes in climbing over a fence at the municipal swimming pool last Friday and breaking b...
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News
Following outcry, Ouray seeks gym solutions
City may move fitness center to empty building, assess bathhouse for possible remodel
By Mike Wiggins mike@ouraynews.com 
July 8, 2026
The city of Ouray is thinking about moving the fitness center from inside the historic bathhouse at the Ouray Hot Springs Pool to an empty building across the street from the Ouray Community Center. C...
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Editor Picks
A foam-filled Fourth
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A foam-filled Fourth
July 8, 2026
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Good For You!
Feature
Good For You!
Celebrating 90 years, Neighbor to Neighbor's 20th anniversary and Ridgway mayor honored with good governance award
July 8, 2026
Neighbor to Neighbor celebrated its 20th anniversary in Ouray County with a potluck at Pa-Co-Chu-Puk at Ridgway State Park on June 25. Pictured here from left to right are: Alice Goertz, Patty Ratliff...
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Calendar & Events
Calendar & Events, Feature...
Calendar & Events
July 9-23, 2026
July 8, 2026
Thursday, July 9 Ridgway Concert Series: Black Uhuru with opener Psylo, free concert in Hartwell Park, 6 p.m. No dogs or outside alcohol allowed. Youth Garden Club: Compost Basics for ages 8-18, from ...
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Some evacuated areas will reopen to residents Wednesday
News
Some evacuated areas will reopen to residents Wednesday
By erin@ouraynews.com 
July 7, 2026
The Ouray County sheriff is allowing some residents to return to their homes in evacuated areas starting Wednesday morning. The sheriff's office approved re-entry for credentialed residents who live i...
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Wildlife displaced by fire, residents can help by providing water for animals
News
Wildlife displaced by fire, residents can help by providing water for animals
Commissioners to discuss emergency plans for flooding
By James Hanlon, Special to the Plaindealer 
July 7, 2026
Wildlife escaping the Gold Mountain Fire are moving closer to town, prompting state wildlife officials to advise the public on how they can simultaneously help animals and give them the space they nee...
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Ridgway, Colorado 81432
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