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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.

Best feathers forward
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Best feathers forward
August 19, 2026
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Main
Bear activity ramping up
Second bruin killed in a week after several conflicts, entering home
By Erin McIntyre erin@ouraynews.com 
August 19, 2026
State wildlife officials killed a young, female bear that entered a Ridgway home last weekend after days of conflicts and at least one incident with the bear killing chickens. Colorado Parks and Wildl...
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Main
Police admin assistant resigns, blasts city
By Erin McIntyre erin@ouraynews.com 
August 19, 2026
The Ouray Police Department's administrative assistant has resigned, leaving the office with one remaining employee assigned to desk duty. The resignation comes just after the city's response to a civ...
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News
Disaster relief tax moves closer to ballot
Ouray, Ridgway councils negotiate for larger share of revenue; use tax for roads all but ruled out
By By Mike Wiggins and James Hanlon mike@ouraynews.com james@ouraynews.com 
August 19, 2026
A proposed countywide sales tax to address fires, floods and other natural disasters appears to have a clear path to the November ballot, while a potential use tax on construction materials to raise m...
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County road superintendent arrested on suspicion of DUI
News
County road superintendent arrested on suspicion of DUI
By By James Hanlon james@ouraynews.com 
August 19, 2026
Ouray County Road and Bridge Superintendent Ty Barger was placed on paid administrative leave Monday following a driving under the influence arrest in Montrose Aug. 14. Crew Chief Don Castle has been ...
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News
Ouray won’t join fire authority
By Mike Wiggins mike@ouraynews.com 
August 19, 2026
Council cites unanswered questions, concerns about consolidation A proposal to consolidate all of Ouray County’s fire departments and its emergency medical services into one organization absorbed anot...
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Editor Picks
Looking Back
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Looking Back
August 19, 2026
Compiled from the files of The Ouray County Herald, The Ridgway Sun, and The Ouray County Plaindealer 60 Years Ago August 18, 1966 In the background is the sound of classical Chinese music, gaily ligh...
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Chamber music fest returns to San Juans
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Chamber music fest returns to San Juans
By Erin McIntyre erin@ouraynews.com 
August 19, 2026
43rd annual weeklong event features familiar favorites, new violist World-renowned concert pianist Max Levinson and the Ulysses String Quartet return to Ouray County next week for the Ouray County Per...
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Ouray County Fair 2026
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Ouray County Fair 2026
August 19, 2026
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County OKs flood construction contract
By By James Hanlon james@ouraynews.com 
August 19, 2026
Ouray County commissioners awarded Haynes Excavation Inc. the contract for the Emergency Watershed Protection project at a special meeting Monday for certain areas below the Gold Mountain Fire burn sc...
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Ridgway student proposes ‘free box’ for donations
By By James Hanlon james@ouraynews.com 
August 19, 2026
A presentation about an idea for a “free box” by a Ridgway National Honor Society student at the Ridgway Town Council meeting Aug. 12 led to lengthy discussion and a $750 contribution to the project, ...
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