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.

Flood ravages homes
Main, News...
Flood ravages homes
County deems trio of Ponderosa Village properties uninhabitable, as residents fear more debris flows imminent
By Erin McIntyre, Chart Riggall and Mike Wiggins 
August 5, 2026
When the fire raged above them on the mountain, the evacuated residents of Ponderosa Village hoped for rain. They wished for anything to help the firefighters get control of the blaze so it wouldn't b...
this is a test
Main, News...
County floats disaster relief sales tax
By Chart Riggall 
August 5, 2026
Draft ballot language proposes half-cent tax, with revenue split between county, city, town Ouray County commissioners are in talks to put a half-penny sales tax increase question to voters this fall ...
this is a test
News
Log Hill won’t join fire authority
Board: No benefit to cost, operational structure
By James Hanlon 
August 5, 2026
The Log Hill Volunteer Fire Department will not join the proposed consolidated fire and emergency medical services authority in Ouray County. Board members of the Log Hill Mesa Fire Protection Distric...
this is a test
News
Crews near full containment on fire
By James Hanlon 
August 5, 2026
Firefighters who are closing in on fully containing the Gold Mountain Fire have shifted their work to undoing firelines that are no longer needed to prevent erosion. “We've moved out of the suppressio...
this is a test
‘We were in a panic’
News
‘We were in a panic’
Flooding relocates part of Dexter Creek, forces couple to seek help with pigs
By Mike Wiggins mike@ouraynews.com 
August 5, 2026
Hank and Betsy Nicholson were watching TV at home the night of July 26 when the skies opened up and filled Dexter Creek with rainwater, mud and debris. The creek, which serves as the Nicholsons’ only ...
this is a test
Why can rain on wildfire burn scars trigger dangerous flooding? A geologist explains
News
Why can rain on wildfire burn scars trigger dangerous flooding? A geologist explains
By By Jen Pierce The Conversation 
August 5, 2026
When heavy rain hits burned hillsides, it can set off dangerous floods and debris flows that can move with the speed of a freight train, picking up or destroying anything in their path. These debris f...
this is a test
ePaper
coogle_play
app_store
ePaper
coogle_play
app_store
Editor Picks
News
Riders scrutinize Ouray’s new shuttle service
By Mike Wiggins mike@ouraynews.com 
August 5, 2026
The launch of a free shuttle in Ouray this summer is off to an uneven start, with riders and a shuttle driver pointing out shortcomings and questioning how the city will determine whether the service ...
this is a test
Good For You!
Feature
Good For You!
August 5, 2026
Send us your celebrations! 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 guidelin...
this is a test
Ridgway concert series puts trash in its place
Columns, Opinion...
GUEST COLUMN
Ridgway concert series puts trash in its place
By Dave Kehmeier 
August 5, 2026
“Hey Landfill, you malignant festering heap of methane-spewing, planet-warming garbage, Recycle and Compost just ate your leftover lunch!” This summer’s concert series was Ridgway’s first ever zero- w...
this is a test
Calendar & Events
Calendar & Events, Feature...
Calendar & Events
Aug. 6-19, 2026
August 5, 2026
Thursday, August 6 Ridgway Farmers Market, 10 a.m.-2 p.m. in Hartwell Park – on Thursday this week due to Ridgway Rendezvous. Youth Garden Club for ages 8-18, "Other Undergrounders" root vegetables, f...
this is a test
Several homes damaged, 17 people rescued from flooding
Main, News...
Several homes damaged, 17 people rescued from flooding
By Mike Wiggins 
July 30, 2026
At least 17 people were rescued from flooding and debris flows in the Cutler Creek area between Ridgway and Ouray on Wednesday night, authorities said this morning. At least three homes in Ponderosa V...
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