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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.

‘There’s not a day where I don’t do something impactful’
Main, News...
‘There’s not a day where I don’t do something impactful’
Community paramedicine brings vital care to mountain, rural places
By Deb Hurley Brobst Special to the Plaindealer 
November 19, 2025
Editor’s note: There’s a proposal to start a community paramedicine program here in Ouray County, and we wanted to know more about how these kinds of services work in other places in Colorado where th...
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Main, News...
Commissioner: ‘My patience is gone’
Claiming continued poor behavior, Nauer asks Padgett to take 'timeout,' attend meetings remotely
By Lia Salvatierra lia@ouraynews.com 
November 19, 2025
Ouray County Commissioner Michelle Nauer has asked Commissioner Lynn Padgett to take a "timeout" and attend meetings by Zoom while the county makes leadership transitions over the next few months, cit...
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News
Police chief, sheriff urge Ouray council to rethink strict response time policy
Councilors table plan requiring officers to live within 10 miles of city after concern from leaders
By Mike Wiggins mike@ouraynews.com 
November 19, 2025
The Ouray City Council on Monday pitched and then quickly ditched a proposal to require police officers to live within 10 miles and a 10-minute drive from the city after local law enforcement and city...
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News
SMPA approves rate increases
Monthly base, peak energy charges to rise in 2026 as electric cooperative prepares for escalating wholesale power costs
By Mike Wiggins mike@ouraynews.com 
November 19, 2025
The San Miguel Power Association board of directors on Tuesday approved dual rate increases in 2026 for the second year in a row, as the rural electric cooperative continues to grapple with higher who...
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News
Ridgway hires North Carolina agency for tourism, marketing
By Lia Salvatierra lia@ouraynews.com 
November 19, 2025
The town of Ridgway has hired a North Carolina-based agency for its tourism and marketing services, choosing an outside perspective familiar with rural communities. During a Nov. 12 town council meeti...
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News
Ouray to set aside funding for down payment help
By Mike Wiggins mike@ouraynews.com 
November 19, 2025
The city of Ouray will earmark up to $100,000 in 2026 for a down payment assistance program aimed at helping middle-income homebuyers who make too much money to qualify for other assistance. City coun...
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Ridgway adopts expedited process for affordable housing projects
Town to expedite housing projects
By LIA SALVATIERRA 
November 19, 2025
Ridgway has formalized an expedited review process for affordable housing projects, a requirement for applying for Proposition 123 affordable housing funds. Proposition 123 was a 2022 statewide ballot...
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Town moves toward anti-idling rules
By Lia Salvatierra lia@ouraynews.com 
November 19, 2025
Editor’s note: This has been corrected to accurately reflect the council's vote on the ordinance. Ridgway town councilors gave initial approval to a new rule aimed at discouraging vehicle idling, spec...
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Outgoing mayor offers blunt assessment of election, state of affairs in Ouray
News
Outgoing mayor offers blunt assessment of election, state of affairs in Ouray
Funk bemoans lack of candidates, urges citizens to unify
By Mike Wiggins mike@ouraynews.com 
November 19, 2025
With just a few days left in his tenure, outgoing Ouray Mayor Ethan Funk on Monday lamented the lack of city council candidates in this month’s election and encouraged residents to rise above what he ...
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George and Michael Gardner Fund
Feature
SEASON OF SHARING
George and Michael Gardner Fund
November 19, 2025
Editor's note: The Ouray County Plaindealer is continuing its tradition of featuring nonprofit organizations based in Ouray County, serving Ouray County in a series of profiles called Season of Sharin...
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Ouray County EMS to assess medical needs
By Deb Hurley Brobst Special to the Plaindealer 
November 19, 2025
Ouray County Emergency Medical Services plans to perform an assessment to learn about the community’s medical needs, with hopes it will lead to a establishing a community paramedicine program. Communi...
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