This Friday, September 2, 2022, I will give a talk at Lone Star College Kingwood. It will summarize what I have learned since Hurricane Harvey about flooding and flood mitigation while researching more than 2000 articles. The title of the talk: How Far We’ve Come, What We Still Need to Do. And it will focus on the Lake Houston Area plus areas immediately upstream in Harris, Montgomery and Liberty Counties.
It begins at 12:30 pm in the Teaching Theater.
Directions
If you’re coming from Kingwood, take Kingwood Drive west until it dead ends at Sorters Road. Turn right. Go about 50 to 100 yards north, then turn into Student Parking Lot C on your left. Then walk across Sorters to the building marked 4 in the map below.
Talk will be in building circled in red.
Lonestar College Kingwood was one of the most heavily damaged facilities in the area. The college lost six of nine buildings, including the one where we will meet on Friday. Dr. Katherine Persson, president at the time, said in 2018 while cleanup was still in progress that she expected blackwater decontamination to cost $11 million and replacing contents to cost $19 million. With reconstruction, she estimated the total would come to $60 million. The parts of the campus I have seen since then have been beautifully restored.
Focus of Talk
The focus of my talk will be:
The mitigation objectives for the Lake Houston Area adopted after Harvey to help prevent a similar disaster in the future.
What we have accomplished since then.
What we still need to do.
I hope to provide a big picture for those who haven’t been able to read ReduceFlooding.com every day. Sometimes the volume of material in a subject this wide-ranging can be overwhelming.
It will be an excellent opportunity to ask any questions on your mind and get clarification. Please spread the word and bring a friend. Hope to see you Friday, 12:30 PM at Lone Star College Kingwood.
Posted by Bob Rehak on 8/30/2022
1827 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2022/08/LoneStarTalk.jpeg?fit=1080%2C1080&ssl=110801080adminadmin2022-08-30 18:04:112022-08-30 18:11:10Public Invited: Rehak Talk at Lone Star College Kingwood, Friday 12:30 PM
On the fifth Anniversary of Harvey, the law firm McGehee ☆ Chang, Landgraf, Feiler issued updates on both its upstream and downstream cases in the Addicks-Barker lawsuits against the Army Corps of Engineers.
Judge Lettow heard the plaintiffs’ opening post-trial brief on August 1, 2022.
Defendants will present their response on September 9.
Plaintiffs will get a chance to reply to that on September 23, 2022.
The judge will hear final arguments on September 29, 2022, at 2:30 p.m.
“Once the post-trial argument concludes, we expect Judge Lettow to render a decision – which outlines the amount of damages that the homeowners are entitled to,” said the law firm in a press release. “We hope to receive the ruling by the end of the year.”
Flooded Homes in Addicks Reservoir during Harvey
Downstream Case Still Alive but No Definite Schedule
The lower court found that “Downstream property owners did not have a cognizable [clearly identifiable] property interest.” But in June, a Federal Court of Appeals’ reversed and remanded the lower court’s decision. That means the case will go back to the lower court for further proceedings that follow instructions given by the appeals court.
The lower court will now have to determine whether a “taking” of the Downstream properties occurred, and whether the government’s other defense (i.e., necessity) will apply.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2022/06/Flooded-Homes-Addicks-Reservoir.jpg?fit=1200%2C765&ssl=17651200adminadmin2022-08-29 13:29:022022-08-29 13:33:41Addicks-Barker Upstream Trial Case Entering Final Phase
The previous Drainage Criteria Manual posted on the MoCo Engineer’s site is dated 1989, but appears to have some minor updates from 2019. The Subdivision Rules and Regulations for new developments date even further back, to 1984, although they too had new amendments and addenda incorporated in July, 2021.
MoCo hired Halff Associates to do the updating. Their fee: $302,000.
Welcome News
This is welcome news for people in northern Harris County. Drainage and engineering standards in MoCo have lagged those in Harris. That has created adverse downstream impacts even though developers may technically meet MoCo requirements. But the lower standards enable them to claim “no adverse impacts” when, in fact, there may sometimes be some.
Changes Could Reduce Flooding in MoCo and Harris Counties
Since Harvey, the Harris County Engineering Department and Flood Control District have worked to get surrounding counties to adopt five minimum drainage standards. They include:
Requiring “no net fill” in the current mapped 500-year floodplain
Require the minimum Finished Flood Elevation of new habitable structures be established at or waterproofed to the 500-year flood.
Scope of Content Updates
The Scope of Work approved by MoCo Commissions last week shows that Halff will examine most, if not all, of these issues and more. The effort will evaluate and potentially update, at a minimum:
Hydrologic methodology (this includes hydrographic timing but is broader)
Detention sizing and outfall design
Open channel design frequency and requirements
Floodplain analysis.
Process for Updates
The scope of work also defines the process that Halff will follow. It includes:
Coordination with County engineering staff
Evaluation of existing manuals
Identifying dated criteria/information
Comparisons with neighboring counties‘practices (see below)
Revisions
Development of the new documentation
Stakeholder review and reporting
Presentation to Commissioners Court
Reporting approved changes to adjacent counties.
Work should take about a year.
Comparison with Regs in Other Entities
For the drainage Criteria Manual, Halff will compare criteria from TxDOT, Harris County, HCFCD, Waller County, Fort Bend County, and Brazoria County.
Halff will compare MoCo’s Subdivision Rules and Regulations to those in Harris, Waller, Fort Bend, and Walker Counties.
This is more good news for those in northern Harris County.
About Halff Associates
A source in the engineering community characterized Halff as a good company. He said, “The Montgomery County manual is in good hands….as long as they let Halff do the right things.”
Halff will work with the MoCo Engineer Jeff Johnson on the updates.
Subdivision Rules and Regulations
Neither the Scope of Work, nor Commissioners discussed specific recommendations for updates to Subdivision Rules and Regulations. But Commissioners did request an opportunity to discuss and review updates on both manuals before they came back to Commissioners Court for final approval.
Immediate Impact
One former MoCo employee said, “There is still the hurdle of the court adopting the updated standards. Expect a rush of drainage studies to be submitted in the next year so they can be grandfathered in.”
We saw this in the City of Houston (CoH), for instance, with the Laurel Springs RV Resort. The detention pond in that development is half the size required by new standards. CoH permitted it one day before the new standards went into effect.
Related News: MoCo Floodplain Administrator Office
At about 40 seconds into the video for Items 17 and 18 on the agenda, the Commissioners approved a motion to have Precinct 2 Commissioner Charlie Riley oversee MoCo’s Office of the Floodplain Administrator. Reasons for the change were not clear. Discussion happened in Executive Session.
All we have to go by is the outcome. And the outcome shows that MoCo is bringing the Office of the Floodplain Administrator – for the whole county – under the direct, political control of one precinct commissioner. Interesting.
Posted by Bob Rehak on 8/28/2022
1825 Days since Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
Public Invited: Rehak Talk at Lone Star College Kingwood, Friday 12:30 PM
This Friday, September 2, 2022, I will give a talk at Lone Star College Kingwood. It will summarize what I have learned since Hurricane Harvey about flooding and flood mitigation while researching more than 2000 articles. The title of the talk: How Far We’ve Come, What We Still Need to Do. And it will focus on the Lake Houston Area plus areas immediately upstream in Harris, Montgomery and Liberty Counties.
It begins at 12:30 pm in the Teaching Theater.
Directions
If you’re coming from Kingwood, take Kingwood Drive west until it dead ends at Sorters Road. Turn right. Go about 50 to 100 yards north, then turn into Student Parking Lot C on your left. Then walk across Sorters to the building marked 4 in the map below.
Lonestar College Kingwood was one of the most heavily damaged facilities in the area. The college lost six of nine buildings, including the one where we will meet on Friday. Dr. Katherine Persson, president at the time, said in 2018 while cleanup was still in progress that she expected blackwater decontamination to cost $11 million and replacing contents to cost $19 million. With reconstruction, she estimated the total would come to $60 million. The parts of the campus I have seen since then have been beautifully restored.
Focus of Talk
The focus of my talk will be:
I hope to provide a big picture for those who haven’t been able to read ReduceFlooding.com every day. Sometimes the volume of material in a subject this wide-ranging can be overwhelming.
It will be an excellent opportunity to ask any questions on your mind and get clarification. Please spread the word and bring a friend. Hope to see you Friday, 12:30 PM at Lone Star College Kingwood.
Posted by Bob Rehak on 8/30/2022
1827 Days since Hurricane Harvey
Addicks-Barker Upstream Trial Case Entering Final Phase
On the fifth Anniversary of Harvey, the law firm McGehee ☆ Chang, Landgraf, Feiler issued updates on both its upstream and downstream cases in the Addicks-Barker lawsuits against the Army Corps of Engineers.
Final Arguments Scheduled in Upstream Case
The upstream Addicks-Barker lawsuit is finally drawing to a close. Earlier, Judge Charles F. Lettow ruled that the Army Corps was liable for damages. The question being decided now is “How much will residents get?” On that issue…
“Once the post-trial argument concludes, we expect Judge Lettow to render a decision – which outlines the amount of damages that the homeowners are entitled to,” said the law firm in a press release. “We hope to receive the ruling by the end of the year.”
Downstream Case Still Alive but No Definite Schedule
The McGehee firm won an appeal in its downstream Addicks-Barker lawsuit last June. The ruling on the appeal revived the case, which a lower court had dismissed in 2020.
The lower court found that “Downstream property owners did not have a cognizable [clearly identifiable] property interest.” But in June, a Federal Court of Appeals’ reversed and remanded the lower court’s decision. That means the case will go back to the lower court for further proceedings that follow instructions given by the appeals court.
“The fight will continue,” said the McGehee team.
For More Information
I’ve covered the upstream and downstream cases since 2020. For more information, see:
The outcome of these cases could affect outcomes in similar “takings” cases in the San Jacinto watershed.
Beyond the lawsuits, flood-mitigation help for residents near the reservoirs remains years away. It could depend on flood tunnels which are still being studied.
Posted by Bob Rehak on 8/29/22
1826 Days since Hurricane Harvey
MoCo Updating Drainage Criteria Manual, Subdivision Rules
Montgomery County (MoCo) Commissioners voted on 8/23/22 to update the County’s Drainage Criteria Manual and its Subdivision Rules and Regulations. Precinct 2 Commissioner Charlie Riley made the motion (item 16.C on the 8/23/22 Commissioners Court agenda).
See the discussion in the MoCo Commissioner’s Court video. Select Item 16. The discussion starts at 3:12.
The previous Drainage Criteria Manual posted on the MoCo Engineer’s site is dated 1989, but appears to have some minor updates from 2019. The Subdivision Rules and Regulations for new developments date even further back, to 1984, although they too had new amendments and addenda incorporated in July, 2021.
MoCo hired Halff Associates to do the updating. Their fee: $302,000.
Welcome News
This is welcome news for people in northern Harris County. Drainage and engineering standards in MoCo have lagged those in Harris. That has created adverse downstream impacts even though developers may technically meet MoCo requirements. But the lower standards enable them to claim “no adverse impacts” when, in fact, there may sometimes be some.
Changes Could Reduce Flooding in MoCo and Harris Counties
Since Harvey, the Harris County Engineering Department and Flood Control District have worked to get surrounding counties to adopt five minimum drainage standards. They include:
Scope of Content Updates
The Scope of Work approved by MoCo Commissions last week shows that Halff will examine most, if not all, of these issues and more. The effort will evaluate and potentially update, at a minimum:
Process for Updates
The scope of work also defines the process that Halff will follow. It includes:
Work should take about a year.
Comparison with Regs in Other Entities
For the drainage Criteria Manual, Halff will compare criteria from TxDOT, Harris County, HCFCD, Waller County, Fort Bend County, and Brazoria County.
Halff will compare MoCo’s Subdivision Rules and Regulations to those in Harris, Waller, Fort Bend, and Walker Counties.
This is more good news for those in northern Harris County.
About Halff Associates
A source in the engineering community characterized Halff as a good company. He said, “The Montgomery County manual is in good hands….as long as they let Halff do the right things.”
Halff will work with the MoCo Engineer Jeff Johnson on the updates.
Subdivision Rules and Regulations
Neither the Scope of Work, nor Commissioners discussed specific recommendations for updates to Subdivision Rules and Regulations. But Commissioners did request an opportunity to discuss and review updates on both manuals before they came back to Commissioners Court for final approval.
Immediate Impact
One former MoCo employee said, “There is still the hurdle of the court adopting the updated standards. Expect a rush of drainage studies to be submitted in the next year so they can be grandfathered in.”
We saw this in the City of Houston (CoH), for instance, with the Laurel Springs RV Resort. The detention pond in that development is half the size required by new standards. CoH permitted it one day before the new standards went into effect.
Related News: MoCo Floodplain Administrator Office
At about 40 seconds into the video for Items 17 and 18 on the agenda, the Commissioners approved a motion to have Precinct 2 Commissioner Charlie Riley oversee MoCo’s Office of the Floodplain Administrator. Reasons for the change were not clear. Discussion happened in Executive Session.
All we have to go by is the outcome. And the outcome shows that MoCo is bringing the Office of the Floodplain Administrator – for the whole county – under the direct, political control of one precinct commissioner. Interesting.
Posted by Bob Rehak on 8/28/2022
1825 Days since Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.