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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.

Sex assault trial may be moved, delayed
Main, News...
Sex assault trial may be moved, delayed
By Mike Wiggins mike@ouraynews.com 
May 14, 2025
The trial of one of three men accused of sexually assaulting a 17-year-old girl in the former police chief's home could be postponed and moved out of Ouray County. Cindy Hyatt, one of the attorneys fo...
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Main, News...
Skimpy snowpack slipping away
Liquid content of snow in Gunnison River Basin among lowest since 1981
By Mike Wiggins mike@ouraynews.com 
May 14, 2025
The warning lights have been blinking for months. The city of Ouray postponed its annual Cabin Fever Day in mid-February for lack of snow on Lee’s Ski Hill, then moved the event to Fellin Park on Marc...
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News
County launches search for new manager
Commissioners to pay consultant more than $30K, aim for finalist interviews in September
By Deb Hurley Brobst Special to the Plaindealer Deb Hurley-Brobst is a longtime, award-winning journalist. She can be reached at deb.hurley.brobst@gmail.com. 
May 14, 2025
The search has begun to find a new manager after the Ouray County commissioners hired Peckham & McKenney to consult on the hiring process. The county will pay the company $30,500 plus about $2,500 for...
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Police: Axe-wielding woman destroyed bear statue
News
Police: Axe-wielding woman destroyed bear statue
By Mike Wiggins mike@ouraynews.com 
May 14, 2025
A Grand Junction woman was arrested over the weekend after she allegedly walked into Ouray Grocery, grabbed an axe inside the store and approached employees before leaving and using the axe to destroy...
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News
Power line work to delay Red Mountain traffic this summer
By Mike Wiggins mike@ouraynews.com 
May 14, 2025
Motorists navigating Red Mountain Pass should expect intermittent delays for the next several months as San Miguel Power Association enters the next phase of a multiyear project to rebuild its power l...
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News
County receives support from opioid settlement money
Funds to pay for substance abuse treatment, expand juvenile services
By Lia Salvatierra lia@ouraynews.com 
May 14, 2025
Newly awarded opioid settlement money will create a program to pay for substance abuse treatment and expand juvenile services in Ouray and San Miguel counties. The $385,000 in grant money came from $1...
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Editor Picks
Meet your neighbor: Rob Rose
Feature
Meet your neighbor: Rob Rose
By By Chloe Kiparsky Plaindealer intern 
May 14, 2025
Editor's note: During focus group discussions we held earlier this year, to gather feedback for our upcoming redesign of the newspaper, we heard from some Plaindealer readers that they wanted to see m...
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News
NEWS BRIEFS
Fire contained on Log Hill, delays expected on U.S. 50
May 14, 2025
Fire contained on Log Hill A wildfire on Log Hill Mesa burned 2 acres before fire crews were able to contain it this week, putting out hot spots as high winds threatened to spread the flames. The Log ...
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News
County to hire own alpine rangers to patrol backcountry
In light of Forest Service firings, commissioners tell staff to find funding
By Lia Salvatierra lia@ouraynews.com 
May 14, 2025
Ouray County plans to fill gaps left by U.S. Forest Service firings earlier this year by creating its own alpine ranger program. During a May 7 work session, Ouray County Undersheriff Tammy Stroup ask...
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News
More fire, EMS merger details shared
By Lia Salvatierra lia@ouraynews.com 
May 14, 2025
Leaders of Ouray County’s fire and emergency services entities shared new details about their plan to consolidate into one county-wide emergency response unit during a meeting with county commissioner...
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Judith Skalla
Obituaries
Judith Skalla
May 14, 2025
May 11, 1939-April 27, 2025 On May 11, 1939, in the high mountain town of Telluride, Colorado, Judith Ann Oliver took her first breath. On April 27, 2025, she took her last, leaving this world quietly...
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