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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.

‘Big box’ tightens on Gold Mountain Fire
Main
‘Big box’ tightens on Gold Mountain Fire
Aided by cooler temps, rain, firefighters increase containment to 24%
By By Chart Riggall chart@ouraynews.com 
July 22, 2026
Surveying a sprawling map of the northern San Juans last week, Mike Smith was deep in a geometry of fire. Fingers tracing fire lines and ridges, Smith – the current incident commander over Gold Mounta...
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County eyes recovery funds
Main
County eyes recovery funds
By Mike Wiggins mike@ouraynews.com 
July 22, 2026
Federal program could offer nearly $3 million — if cash-poor leaders can find matching dollars Ouray County could receive nearly $3 million in federal funding to protect homes, roads and other infrast...
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Aided by cooler temps, rain, firefighters increase containment to 24%
Main, News...
Aided by cooler temps, rain, firefighters increase containment to 24%
By By Chart Riggall chart@ouraynews.com 
July 22, 2026
Surveying a sprawling map of the northern San Juans last week, Mike Smith was deep in a geometry of fire. Fingers tracing fire lines and ridges, Smith – the current incident commander over Gold Mounta...
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Spring targeted for tree-thinning effort
News
Spring targeted for tree-thinning effort
Without additional funding, original scope for Ouray-area project may reduced
By By Chart Riggall chart@ouraynews.com 
July 22, 2026
A joint wildfire mitigation effort to remove dead or diseased trees from the city of Ouray’s perimeter is expected to move forward next spring, though with a potentially more limited scope. Officials ...
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News
City reorganizes planning department
Administrator ditches director post, divides duties among consultant, staff
By Mike Wiggins mike@ouraynews.com 
July 22, 2026
Ouray City Administrator Michelle Metteer is overhauling the city’s community development department, dividing responsibilities among a third-party consultant and two city employees rather than consol...
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News
60 Years Ago
50 Years Ago
July 22, 2026
July 21, 1966 Discussions under way for a period of two months took shape this week in the filing of articles of incorporation for the Ouray College Association. Named as the board of trustees in the ...
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Local Briefs
Ouray County Fair still on schedule
July 22, 2026
The 109th annual Ouray County Fair is scheduled to proceed as planned, even if the fairgrounds remain the headquarters for the Gold Mountain Fire operations. The fair is scheduled from Aug. 13-15 at t...
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Ride-along reveals value of alpine ranger program
News
GUEST COLUMN
Ride-along reveals value of alpine ranger program
By Sue Dreamweaver Spielman 
July 22, 2026
I'm not a Jeep enthusiast or an off-highway vehicle user, but I am a hiker and photographer who cares deeply about our high-country environment. After recent discussions at county commissioners' meeti...
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Toth seeks to grow Wright Opera House’s appeal
News
SPOTLIGHT ON THE ARTS
Toth seeks to grow Wright Opera House’s appeal
By By Chloe Kiparsky Special to the Plaindealer 
July 22, 2026
When Heather Toth moved to Ouray County in 2013, her first question was, “Where’s the theater; where’s the art space?” The arts are a necessity, not a luxury, according to Toth. She values third space...
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Send us your celebrations!
News
Send us your celebrations!
July 22, 2026
The “Good For You!” page is a place for reader-submitted photos illustrating community, celebrations and more. Want to submit a photo for publication? Here are some guidelines for submissions: - This ...
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Charles ‘CJ’ John Turner
Obituaries
Charles ‘CJ’ John Turner
July 22, 2026
August 27, 1960 – July 7, 2026 Born Charles John Turner on August 27, 1960, in Nashua, NH, CJ “Turbo” Turner comes full circle to rest beside his beloved Mother, Joanne Turner. CJ was one of a kind, r...
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