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 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.

‘This is the challenge that I needed in my life’
Main, News...
‘This is the challenge that I needed in my life’
Ouray Ice Park's new executive director trims staff, seeks more buy-in from recreational climbers amid financial crunch
By By Chart Riggall chart@ouraynews.com 
October 21, 2026
In the waning weeks of the 2019 ice climbing season, a 27-year-old Tres Barbatelli stood at the bottom of the Uncompahgre Gorge wondering what he’d just done. Minutes before, he’d rappelled down into ...
this is a test
Police department dissolved
Main, News...
Police department dissolved
Council turns over services to sheriff; remaining employee laid off
By Mike Wiggins mike@ouraynews.com 
October 21, 2026
The city of Ouray terminated the sole employee of its police department and turned over its police services to the Ouray County Sheriff’s Office on Tuesday, officially dissolving a stand-alone law enf...
this is a test
News
Paramedic fired after three months’ leave
Commissioners pause refilling second EMS vacancy
By By James Hanlon james@ouraynews.com 
October 21, 2026
A paramedic for Ouray County Emergency Medical Services, who has been on administrative leave since the Gold Mountain Fire, was fired last week after a meeting with county administration went awry. Jo...
this is a test
News
County wraps up draft budget without layoffs
Initial plan leaves five positions vacant, reduces some departmental hours
By By James Hanlon james@ouraynews.com 
October 21, 2026
Ouray County’s draft budget for next year proposes five staff reductions from general fund departments – all of which are currently vacant positions. The positions are from administration, the assesso...
this is a test
News
Veteran transport program approved
Veteran transport program approved
October 21, 2026
After resolving concerns about an intergovernmental agreement with San Miguel County, Ouray County commissioners approved a new partnership last week that will transport veterans to medical appointmen...
this is a test
News
Watershed protection project extended
October 21, 2026
The Emergency Watershed Protection project to mitigate debris flows below the Gold Mountain Fire burn area has received a 45-day extension with a new completion date of Nov. 17. Most construction is s...
this is a test
ePaper
coogle_play
app_store
ePaper
coogle_play
app_store
Editor Picks
Letters, Opinion...
LETTERS TO THE EDITOR
Log Hill funds never meant to offset deficit
October 21, 2026
Dear Editor: I strongly disagree that the Board of County Commissioners be able to tap into or use monies/funds that were paid by and belong to the residents of Log Hill Village, and designated specif...
this is a test
Letters, Opinion...
Voters deserve better than Congressman Hurd
October 21, 2026
Dear Editor: As we approach the November election, we’ll doubtless be hearing a lot about U.S. Rep. Jeff Hurd’s commitment to local issues. His mailers will almost certainly feature the congressman du...
this is a test
Letters, Opinion...
Weiser committed to CO
October 21, 2026
Dear Editor: Phil Weiser is deeply committed to justice and public service. The son and grandson of Holocaust survivors, he will be willing to fight for the American dream. Phil has made it a priority...
this is a test
Letters, Opinion...
LETTER TO THE EDITOR
Who’s funding statewide measures?
October 21, 2026
Dear Editor: We have seven amendments and seven propositions on our Ouray County ballot. Amendments 81, 82, 83, 84, 85 and 86 and propositions 132 and 136 have as registered agents people from the Wes...
this is a test
Looking Back
News
Looking Back
October 21, 2026
Compiled from the files of The Ouray County Herald, The Ridgway Sun, and The Ouray County Plaindealer 60 Years Ago October 20, 1966 A parent-teacher day was introduced into Ouray schools Oct. 14. This...
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