12/9/2024 – Testimony concluded today in the latest appeal of the Addicks-Barker lawsuits arising out of Hurricane Harvey.
During Harvey, homes both upstream and downstream of the Addicks and Barkers Reservoirs flooded. Residents allege that the Army Corps’ management of gates on the reservoirs contributed to flooding their homes. The cases have wended their way through the federal court system almost since the storm flooded large parts of Houston’s west side.
Flooded Homes in Addicks Reservoir during Harvey
Downstream Case
Previously, a trial court ruled against the downstream plaintiffs. The U.S. Court of Federal Claims held that plaintiffs did not have “a cognizable property interest in perfect flood control.” An appeals court disagreed. It sent the case back to the lower court for further proceedings.
The new downstream trial began on Friday October 25 at the Federal Courthouse in downtown Houston. It is a limited trial aimed at answering two questions from the judge:
(1) Was there an emergency that necessitated the United States Army Corps of Engineers (the “Corps”) opening the Addicks and Barker reservoir gates, or were the gates opened as a matter of ordinary operating procedure; and
(2) What would have happened if the gates had remained closed?
McGehee ☆ Chang, Landgraf, Feiler, attorneys for the plaintiffs in the Addicks-Barker cases, reported that they examined one expert witness and three fact witnesses on October 31, 2024. The witnesses included the former district commander of the Army Corps and the Corp’s chief of engineering for the district.
An expert witness for the plaintiff testified that: (1) There was no emergency involved in opening the flood gates. And (2) If the gates were closed, most of the downstream properties would not have flooded; and the duration and extent of flooding would have been reduced for those who would have inevitably flooded.
After testimony by two more expert witnesses, the next phase of the trial concluded today in Washington DC.
The plaintiffs’ attorney’s report that Corps’ staff “admitted that no emergency was ever declared by the Corps (during Harvey).” Also, plaintiffs’ attorneys say that “the Corps’ own expert witness had largely agreed that the majority of downstream properties would not have flooded if the gates had remained closed.”
Next Steps in Downstream Case
Plaintiffs will submit their post-trial brief summarizing their case to the Court on or before January 31, 2025. The government must submit its brief on or before February 25, 2025. Closing arguments are scheduled to take place in Houston on March 6, 2025, at 3:00 p.m.
There is no indication when the judge will make a final ruling.
Upstream Case
The upstream trial concluded in 2022. The government appealed on December 29th that year. On June 21, 2023, the government filed a 168 page brief, contending that:
The upstream flooding was caused by the unprecedented nature of Harvey rainfall – and not by the government’s actions
The government was trying to save life and private property – and that private properties are subject to the government’s “police power” (to protect public safety)
That the home owners are not entitled to recover certain categories of “damages” (such as lost profits and leasehold, displacement costs, personal property…etc).
Plaintiffs then responded to those claims in October 2023.
The court heard oral arguments from both sides on November 8, 2024. The government continued to claim that Harvey was a disaster that was a once in one-thousand-year occurrence, and that the government should not be penalized for this extremely rare event.
Plaintiffs contended that while Harvey was a significant rain event, it was not as infrequent as the government claimed.
Plaintiffs’ attorneys expect the court to issue its decision within another five months or so. That would ring the bell for the next round sometime in April or May of 2025.
Editorial Comment
We’re already more than seven years beyond Harvey, the event that triggered these lawsuits. Delays underscore the need for flood insurance; many homeowners will have likely died before the courts resolve these cases.
But flood insurance costs are rising rapidly. To help combat those rising costs, visit FloodSmart.gov. This FEMA-sponsored site gives you flood insurance quotes, connects you with agents, explains your flood risk, and discusses what to do before and after a flood. It also contains links to flood maps.
12/8/24 – Callan Marine moved its dredge down the San Jacinto West Fork to a location between Atascocita Point and Royal Shores more than two weeks ago. But it hasn’t moved yet. Reasons for the delay are unclear at this point.
Still Anchored in Same Spot
This morning, the rain let up long enough to get some drone shots. Unfortunately, it appears that the dredge hasn’t moved since November. It’s anchored in the same spot in the same position as on November 23, 2024. To borrow a phrase from track and field, it hasn’t gotten out of the starting blocks.
There was no sign of any dredge pipe south of FM1960, where Callan had reportedly purchased some property for a disposal site according to a City spokesperson.
The dredge was anchored with its bit up, surrounded by tugs and pontoons.
Tugs and pontoons with supplies and an excavator surround the dredge.Dredge was anchored with bit up between Royal Shores and Atascocita Point on West Fork.
Callan has welded several sections of dredge pipe together. They are strung out along a channel that connects the East and West Forks south of Royal Shores.
See one long section of pipe on the left and two shorter sections on right.Atascocita Point on far shore.
Reason for Pause Uncertain
A source familiar with the dredging industry suggested that delays might have to do with the placement area not yet being ready to receive spoils. But that’s speculation. I hope to learn more in coming days.
Purpose of Project
The purpose of the project is to help remove sediment that restricts the conveyance of the river system and also to help restore some of Lake Houston’s dwindling volume.
Former City Flood Czar Stephen Costello outlined the program approximately a year ago. The City plans to spend $34 million to remove almost 900,000 cubic yards of sediment east of Atascocita and south of the convergence of the East and West Forks.
Posted by Bob Rehak on 12/8/2024
2658 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2024/12/20241208-DJI_20241208104939_0315_D.jpg?fit=1100%2C650&ssl=16501100adminadmin2024-12-08 15:44:322024-12-08 15:49:30Dredge Still in Starting Blocks
12/7/24 – One of the leading environmental groups in the Houston region is the Bayou Land Conservancy (BLC). Their motto: “We preserve land along streams for flood control, clean water, and wildlife.”
Last year, BLC volunteers logged thousands of hours maintaining and improving natural areas and trails that help others appreciate nature’s wonders.
One such volunteer is Jeff Hodges. He helped restore land along Spring Creek in BLC’s Arrowwood Preserve, which is being used for environmental education. His story is a testament to the tenacity of BLC volunteers in their service of nature.Below are excepts from Hodges’ responses to my questions.
Preserve’s Contribution to Flood Reduction
Rehak: How does the Bayou Land Conservancy help reduce flooding?
Hodges: Development in the Houston area will continue. We need to understand how this can lead to increased flood risk of flooding if not managed correctly.
BLC is a land trust. It protects lands where rain water is absorbed and held as flood waters, slowing down the release of water into creeks, streams and rivers. That helps reduce or eliminate flooding downstream.
These lands are increasingly important. They let water soak into the land providing much needed water, to the water table and aquifers.
Currently, ever major aquifer in the U.S. is being depleted, except in the Pacific Northwest. This depletion contributes to subsidence, which increases flood risk. Areas in the Woodlands have lost two feet of elevation from subsidence.
The lands that BLC protects also provide habitat for wildlife and give people a chance to enjoy nature.
Rehak: Specifically, how does Arrowwood reduce flooding along Spring Creek.
Hodges: Arrowwood is a natural flood plain. It slows and stores rainwater flowing toward Spring Creek. A large portion of the preserve floods in heavy rains. It gives stormwater someplace to sit and wait instead of moving quickly downstream and flooding other areas already developed.
Restoring the Natural Environment
Rehak: I hear that in trying to make Arrowwood more user friendly, you and your fellow volunteers removed more than a mile of silt fence. How did it get there?
Hodges: A sand-and-gravel company installed the silt fence when it applied for a permit to turn the property into a quarry. But neighbors blocked approval of the permit. The mining company, after a number of years, donated the land to Bayou Land Conservancy.
Rehak: Removing that silt fence must have been a chore!
Hodges: We actually made a short movie about it. The preserve comprises 117 acres and the fence surrounded 22 acres. As work began to make the preserve accessible, we realized that we did not have the correct equipment to remove the silt fence.
Bayou Land Conservancy Volunteer Jeff Hodges led the Arrowwood Silt Fence Removal Project
We originally estimated the preserve had 2 miles of silt fencing containing approximately 700 posts, each weighing 5 pounds.
Jeff Hodges
The task seemed overwhelming. But we were very concerned about the impact of the fence on wildlife. Turtles and other small wildlife couldn’t get over or around it.
Volunteers Discover Task is Herculean
Rehak: What kind of problems did you encounter?
Hodges: I started to wonder if we could remove the silt fence manually. Bayou Land Conservancy gave me and a small team permission to work on it. The first day, two of us tried to develop a process to remove the silt fencing. In a half day, we could only remove about 10 posts and 50 feet of fencing.
Most of the posts had to be dug out by hand. Each was four feet and originally pounded into the ground to a depth of two feet. But over time, silt built up around the fence. Many sections were totally buried.
The silt fencing has three components: posts, heavy metal fencing, and a plastic tarp. The combination prevents silt, sand and rocks from washing into the creek.
After the first day, most people would have been discouraged. But our volunteers proved it could be done. It was just going to take a lot of time and effort.
Volunteers decided to separate the fence and post removal operations to speed things up.
We decided we would remove the metal fence along with the black tarp first. We left the posts until we were able to develop a better way to remove them.
But the removal of the fencing was not without problems. Portions of the fencing were buried, so we had to dig them out. Worse, the fencing had become overgrown. Before we could remove it, we first had to remove fallen trees, and cut away vines and brambles.
Triumph of Ingenuity, Sweat and Safety Goggles
Rehak: Did you ever develop a faster system?
Hodges: As we removed fencing over the next couple of months, we worked on developing a technique to remove posts without digging. Eventually, we developed a technique that sped up the operation. We hit the posts with a sledge hammer on all four sides to loosen them. Then we hooked up a farm jack to pry them out of the ground.
Working as a team, we could remove about 15 posts per hour. Some, buried to the top in heavy clay, still had to be dug out by hand. Those just took longer.
Everyone working on this project had to wear long pants, long sleeves, safety glasses, and heavy-duty work gloves. We also had to be up to date on our tetanus shots, too for obvious reasons.
Rehak: What did the final boxscore say?
Hodges: All in all, the team ended up removing 499 posts and more than 1.5 miles of fencing. While working on the fencing, we also removed trash and litter which seemed to be everywhere. Fencing and trash filled two industrial dumpsters.
Some of the trash and fencing materials removed from the BLC Arrowwood Preserve.
It was grueling work. But the transformation of the land is overwhelming. And very satisfying. The beauty of what this preserve will become is now evident.
Postscript: Jill Boullion, Bayou Land Conservancy Executive Director, said, ““Jeff was awarded our Trailblazer Award for 2024 because of his leadership on this project. It’s an important part of our restoration plan for Arrowwood that will make the preserve even more ecologically valuable for the community. We appreciate volunteers like Jeff and the crew that did this very difficult project.”
Posted by Bob Rehak and Jeff Hodges on 12/7/24
2657 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2024/12/20241207-Bayou-Land-Conservancy-Arrowwood-1.jpg?fit=1100%2C603&ssl=16031100adminadmin2024-12-07 18:17:022024-12-07 18:30:07Bayou Land Conservancy Volunteers Protect Nature’s Flood Protection
Addicks-Barker Litigation Update
12/9/2024 – Testimony concluded today in the latest appeal of the Addicks-Barker lawsuits arising out of Hurricane Harvey.
During Harvey, homes both upstream and downstream of the Addicks and Barkers Reservoirs flooded. Residents allege that the Army Corps’ management of gates on the reservoirs contributed to flooding their homes. The cases have wended their way through the federal court system almost since the storm flooded large parts of Houston’s west side.
Downstream Case
Previously, a trial court ruled against the downstream plaintiffs. The U.S. Court of Federal Claims held that plaintiffs did not have “a cognizable property interest in perfect flood control.” An appeals court disagreed. It sent the case back to the lower court for further proceedings.
The new downstream trial began on Friday October 25 at the Federal Courthouse in downtown Houston. It is a limited trial aimed at answering two questions from the judge:
(1) Was there an emergency that necessitated the United States Army Corps of Engineers (the “Corps”) opening the Addicks and Barker reservoir gates, or were the gates opened as a matter of ordinary operating procedure; and
(2) What would have happened if the gates had remained closed?
McGehee ☆ Chang, Landgraf, Feiler, attorneys for the plaintiffs in the Addicks-Barker cases, reported that they examined one expert witness and three fact witnesses on October 31, 2024. The witnesses included the former district commander of the Army Corps and the Corp’s chief of engineering for the district.
An expert witness for the plaintiff testified that: (1) There was no emergency involved in opening the flood gates. And (2) If the gates were closed, most of the downstream properties would not have flooded; and the duration and extent of flooding would have been reduced for those who would have inevitably flooded.
After testimony by two more expert witnesses, the next phase of the trial concluded today in Washington DC.
The plaintiffs’ attorney’s report that Corps’ staff “admitted that no emergency was ever declared by the Corps (during Harvey).” Also, plaintiffs’ attorneys say that “the Corps’ own expert witness had largely agreed that the majority of downstream properties would not have flooded if the gates had remained closed.”
Next Steps in Downstream Case
Plaintiffs will submit their post-trial brief summarizing their case to the Court on or before January 31, 2025. The government must submit its brief on or before February 25, 2025. Closing arguments are scheduled to take place in Houston on March 6, 2025, at 3:00 p.m.
There is no indication when the judge will make a final ruling.
Upstream Case
The upstream trial concluded in 2022. The government appealed on December 29th that year. On June 21, 2023, the government filed a 168 page brief, contending that:
Plaintiffs then responded to those claims in October 2023.
The court heard oral arguments from both sides on November 8, 2024. The government continued to claim that Harvey was a disaster that was a once in one-thousand-year occurrence, and that the government should not be penalized for this extremely rare event.
Plaintiffs contended that while Harvey was a significant rain event, it was not as infrequent as the government claimed.
Plaintiffs’ attorneys expect the court to issue its decision within another five months or so. That would ring the bell for the next round sometime in April or May of 2025.
Editorial Comment
We’re already more than seven years beyond Harvey, the event that triggered these lawsuits. Delays underscore the need for flood insurance; many homeowners will have likely died before the courts resolve these cases.
But flood insurance costs are rising rapidly. To help combat those rising costs, visit FloodSmart.gov. This FEMA-sponsored site gives you flood insurance quotes, connects you with agents, explains your flood risk, and discusses what to do before and after a flood. It also contains links to flood maps.
Posted by Bob Rehak on 12/8/2024
2659 Days since Hurricane Harvey
Dredge Still in Starting Blocks
12/8/24 – Callan Marine moved its dredge down the San Jacinto West Fork to a location between Atascocita Point and Royal Shores more than two weeks ago. But it hasn’t moved yet. Reasons for the delay are unclear at this point.
Still Anchored in Same Spot
This morning, the rain let up long enough to get some drone shots. Unfortunately, it appears that the dredge hasn’t moved since November. It’s anchored in the same spot in the same position as on November 23, 2024. To borrow a phrase from track and field, it hasn’t gotten out of the starting blocks.
There was no sign of any dredge pipe south of FM1960, where Callan had reportedly purchased some property for a disposal site according to a City spokesperson.
The dredge was anchored with its bit up, surrounded by tugs and pontoons.
Callan has welded several sections of dredge pipe together. They are strung out along a channel that connects the East and West Forks south of Royal Shores.
Reason for Pause Uncertain
A source familiar with the dredging industry suggested that delays might have to do with the placement area not yet being ready to receive spoils. But that’s speculation. I hope to learn more in coming days.
Purpose of Project
The purpose of the project is to help remove sediment that restricts the conveyance of the river system and also to help restore some of Lake Houston’s dwindling volume.
Former City Flood Czar Stephen Costello outlined the program approximately a year ago. The City plans to spend $34 million to remove almost 900,000 cubic yards of sediment east of Atascocita and south of the convergence of the East and West Forks.
Posted by Bob Rehak on 12/8/2024
2658 Days since Hurricane Harvey
Bayou Land Conservancy Volunteers Protect Nature’s Flood Protection
12/7/24 – One of the leading environmental groups in the Houston region is the Bayou Land Conservancy (BLC). Their motto: “We preserve land along streams for flood control, clean water, and wildlife.”
Last year, BLC volunteers logged thousands of hours maintaining and improving natural areas and trails that help others appreciate nature’s wonders.
One such volunteer is Jeff Hodges. He helped restore land along Spring Creek in BLC’s Arrowwood Preserve, which is being used for environmental education. His story is a testament to the tenacity of BLC volunteers in their service of nature. Below are excepts from Hodges’ responses to my questions.
Preserve’s Contribution to Flood Reduction
Rehak: How does the Bayou Land Conservancy help reduce flooding?
Hodges: Development in the Houston area will continue. We need to understand how this can lead to increased flood risk of flooding if not managed correctly.
BLC is a land trust. It protects lands where rain water is absorbed and held as flood waters, slowing down the release of water into creeks, streams and rivers. That helps reduce or eliminate flooding downstream.
These lands are increasingly important. They let water soak into the land providing much needed water, to the water table and aquifers.
Currently, ever major aquifer in the U.S. is being depleted, except in the Pacific Northwest. This depletion contributes to subsidence, which increases flood risk. Areas in the Woodlands have lost two feet of elevation from subsidence.
The lands that BLC protects also provide habitat for wildlife and give people a chance to enjoy nature.
Rehak: Specifically, how does Arrowwood reduce flooding along Spring Creek.
Hodges: Arrowwood is a natural flood plain. It slows and stores rainwater flowing toward Spring Creek. A large portion of the preserve floods in heavy rains. It gives stormwater someplace to sit and wait instead of moving quickly downstream and flooding other areas already developed.
Restoring the Natural Environment
Rehak: I hear that in trying to make Arrowwood more user friendly, you and your fellow volunteers removed more than a mile of silt fence. How did it get there?
Hodges: A sand-and-gravel company installed the silt fence when it applied for a permit to turn the property into a quarry. But neighbors blocked approval of the permit. The mining company, after a number of years, donated the land to Bayou Land Conservancy.
Rehak: Removing that silt fence must have been a chore!
Hodges: We actually made a short movie about it. The preserve comprises 117 acres and the fence surrounded 22 acres. As work began to make the preserve accessible, we realized that we did not have the correct equipment to remove the silt fence.
The task seemed overwhelming. But we were very concerned about the impact of the fence on wildlife. Turtles and other small wildlife couldn’t get over or around it.
Volunteers Discover Task is Herculean
Rehak: What kind of problems did you encounter?
Hodges: I started to wonder if we could remove the silt fence manually. Bayou Land Conservancy gave me and a small team permission to work on it. The first day, two of us tried to develop a process to remove the silt fencing. In a half day, we could only remove about 10 posts and 50 feet of fencing.
Most of the posts had to be dug out by hand. Each was four feet and originally pounded into the ground to a depth of two feet. But over time, silt built up around the fence. Many sections were totally buried.
The silt fencing has three components: posts, heavy metal fencing, and a plastic tarp. The combination prevents silt, sand and rocks from washing into the creek.
After the first day, most people would have been discouraged. But our volunteers proved it could be done. It was just going to take a lot of time and effort.
We decided we would remove the metal fence along with the black tarp first. We left the posts until we were able to develop a better way to remove them.
But the removal of the fencing was not without problems. Portions of the fencing were buried, so we had to dig them out. Worse, the fencing had become overgrown. Before we could remove it, we first had to remove fallen trees, and cut away vines and brambles.
Triumph of Ingenuity, Sweat and Safety Goggles
Rehak: Did you ever develop a faster system?
Hodges: As we removed fencing over the next couple of months, we worked on developing a technique to remove posts without digging. Eventually, we developed a technique that sped up the operation. We hit the posts with a sledge hammer on all four sides to loosen them. Then we hooked up a farm jack to pry them out of the ground.
Working as a team, we could remove about 15 posts per hour. Some, buried to the top in heavy clay, still had to be dug out by hand. Those just took longer.
Everyone working on this project had to wear long pants, long sleeves, safety glasses, and heavy-duty work gloves. We also had to be up to date on our tetanus shots, too for obvious reasons.
Rehak: What did the final boxscore say?
Hodges: All in all, the team ended up removing 499 posts and more than 1.5 miles of fencing. While working on the fencing, we also removed trash and litter which seemed to be everywhere. Fencing and trash filled two industrial dumpsters.
It was grueling work. But the transformation of the land is overwhelming. And very satisfying. The beauty of what this preserve will become is now evident.
Postscript: Jill Boullion, Bayou Land Conservancy Executive Director, said, ““Jeff was awarded our Trailblazer Award for 2024 because of his leadership on this project. It’s an important part of our restoration plan for Arrowwood that will make the preserve even more ecologically valuable for the community. We appreciate volunteers like Jeff and the crew that did this very difficult project.”
Posted by Bob Rehak and Jeff Hodges on 12/7/24
2657 Days since Hurricane Harvey