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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.

MURAL IN BLOOM
Feature, Main...
MURAL IN BLOOM
By Erin McIntyre 
June 12, 2025
Artist Yulia Avgustinovich works on the mural she was commissioned to paint on the southeast side of the Space to Create building in Ridgway on Monday. Avgustinovich, who has been a professional mural...
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Prison ordered in sex assault
Main, News...
Prison ordered in sex assault
Judge: Crime shows 'true character' of Ridgway man alternately commended, castigated
By Mike Wiggins and Erin McIntyre mike@ouraynews.com erin@ouraynews.com 
June 11, 2025
A judge has sentenced a Ridgway man to three years in prison for sexually assaulting a 28-year-old woman in 2023 after he claimed he was drunk and thought she was his wife. Brian Scranton, 49, hugged ...
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News
Road, retaining wall fixes nearing $300K
By Lia Salvatierra lia@ouraynews.com 
June 11, 2025
The cost of repairing County Road 361 and a retaining wall following a large rockfall is nearing $300,000, a sum Ouray County is paying in full. When commissioners declared the event an emergency in F...
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News
Trail closures could trigger domino effect
With Blue Lakes, part of Imogene Pass off limits,other areas could see more wear and tear
By Lia Salvatierra lia@ouraynews.com 
June 11, 2025
Closures of beloved hiking and off-highway vehicle trails in and around Ouray County this summer could congest and pressure other areas. The popular Blue Lakes trailhead is closed through August due t...
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News
New power contract amplifies local control
San Miguel Power can generate up to 20% of own energy under Tri-State deal through 2050
By Lia Salvatierra lia@ouraynews.com 
June 11, 2025
San Miguel Power Association will continue to purchase power from Tri-State Generation and Transmission Association for the next 25 years under a revised contract that gives it the ability to generate...
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WOMAN OF THE YEAR
Feature
WOMAN OF THE YEAR
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Editor Picks
Ouray film festival returns to the big screen
Feature
Ouray film festival returns to the big screen
Sixth-annual event offers international flavor in intimate setting June 19-22
By Erin McIntyre erin@ouraynews.com 
June 11, 2025
Whether you're looking to pop in and view a block of short films or immerse yourself in a cultural experience melding cinema, dance and food, the sixth-annual Ouray International Film Festival has a j...
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Meet your neighbor: Amy Exstrum
Feature
Meet your neighbor: Amy Exstrum
By By Chloe Kiparsky Plaindealer intern 
June 11, 2025
Name: Amy Exstrum Lives in: Ouray Age: 61 What’s your profession? Well, I’m retired now, but I spent many years as a vocational home economics teacher and the owner of Ouray Bookshop, which we sold to...
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Feature
June 12-26, 2025
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THURSDAY JUNE 12 LIVE MUSIC: Mountain Air Music Series presents Hayley Jane Band with Heavy Diamond Ring. 6 p.m. at Fellin Park in Ouray. Free. FRIDAY JUNE 13 NATURE PROGRAM: "Mustangs of Spring Creek...
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News
CLARIFICATION
June 11, 2025
An article published on Page 1 of the June 5 edition of the Plaindealer reported the West Region Wildfire Council did not receive any private donations in 2023, based on the nonprofit's publicly avail...
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Columns, Opinion...
FROM THE PUBLISHER
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The Plaindealer just celebrated its 148th birthday. Personally, I don't think it looks a day over 99. Still, from time to time, we need to show the paper some love and spruce it up. That's why we've b...
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