The Texas Water Development Board (TWDB) has compiled an amazing list of resources for those concerned about flooding. Among them: a new Community Official Flood-Resource Guide.
New Community Official Flood-Resource Guide
The Flood-Resource Guide contains information to aid community officials such as floodplain managers, city officials, emergency personnel, and others. While TWDB is targeting community leaders with this particular information, it can benefit anyone concerned about flooding. This guide also makes a great resource for teachers. So why wait for third-parties to convey information to you?
The information includes best-practice guides, links to beneficial websites, videos, and toolkits.
Among the eye-openers for me were results of a statewide survey conducted by TWDB in 2020. One of the questions was, “What are your primary concerns related to flooding?” Amazingly, financial damages fell near the bottom the list. Insufficient infrastructure, preparedness, and poor policy and management topped the list…even above human life!
From page 62 of the 68-page Community Official Flood Resource Guide: Volume One.Based on 300 respondents.
This 68-page Community Official Flood-Resource Guide is packed with useful information that will help you reduce flood risk and talk about it with your relatives, neighbors and friends.
Other Useful Links
The TWDB page where you can download the new Flood-Resource Guide also provides dozens of other links with information that directly targets residents as well as flood professionals.
Start at the TWDB’s Community Assistance Program webpage. Or go directly to topics that interest you. Whether you’re trying to learn how to read a flood map or comply with flood insurance standards, this is one page that has virtually everything you’ll need. I’ve reproduced the links below for your convenience.
Federal Emergency Management Agency (FEMA): FEMA’s website offers extensive information regarding the NFIP, mitigation, disaster information and assistance, preparedness, regional contact information, best practices and publications, just to name a few.
FEMA Map Service Center (MSC): The MSC offers online access to past, current and future Flood Insurance Rate Maps (FIRMs), current and future Flood Insurance Studies (FIS), Letters of Map Change, Flood Map Status Information System (FMSIS), the National Flood Hazard Layer (NFHL) and other associative mapping information. The MSC also offers instructions on how to make a Firmette.
The FEMA Library : The FEMA Library is a searchable web-based collection of all publicly accessible FEMA information resources, including: CDs, DVDs, VHS tapes, audio tapes, disability resources, posters and display items, brochures, publications, guidance and policy papers, program regulations and guidelines, forms and slide presentations.
Mitigation Best Practices Portfolio: Contains a collection of best practices, case studies and mitigation best practices (Hurricane Katrina).
Flood Damage-Resistant Materials Requirements (Technical Bulletin 2) (2008) – Provides guidance on the NFIP regulations concerning the required use of flood damage-resistant construction materials for building components located below the Base Flood Elevation in Special Flood Hazard Areas (both A and V Zones).
3-93 Non-Residential Floodproofing – Requirements and Certification – (FIA-TB-3) – Provides guidance on the NFIP regulations concerning watertight construction and the required certification for floodproofed non-residential buildings in Zones A, AE, A1-A30, AR, AO, and AH whose lowest floors are below the Base Flood Elevation.
Elevator Installation (Technical Bulletin 4) (2010) – Provides guidance on the NFIP regulations concerning the installation of elevators below the Base Flood Elevation in Special Flood Hazard Areas (both A and V Zones).
Free-of-Obstruction Requirements (Technical Bulletin 5) (2008) – Provides guidance on the NFIP regulations concerning obstructions to flood waters below elevated buildings and on building sites in Coastal High Hazard Areas (Zones V, VE, and V1-V30).
6-93 Below-Grade Parking Requirements – (FIA-TB-6) – Provides guidance on the NFIP regulations concerning the design of below-grade parking garages beneath buildings located in Zones A, AE, A1-A30, AR, AO, and AH.
7-93 Wet Floodproofing Requirements (FIA-TB-7) – Provides guidance on the NFIP regulations concerning wet floodproofing of certain types of structures located in Zones A, AE, A1-A30, AR, AO, and AH.
NFIP Watermark: This is an electronic publication providing articles and information on flood insurance and mitigation activities.
FloodSmart: This is the official website of the NFIP offering extensive information on flood insurance and flood risks for communities, agents and homeowners.
Professional Associations
Texas Floodplain Management Association: The Texas Floodplain Management Association (TFMA) is an organization of professionals involved in floodplain management, flood hazard mitigation, the National Flood Insurance Program (NFIP), flood preparedness, warning and disaster recovery. TFMA also offers floodplain management training opportunities in Texas.
Association of State Floodplain Managers at www.Floods.org. The Association of State Floodplain Managers is an organization of professionals involved in floodplain management, flood hazard mitigation, the National Flood Insurance Program, and flood preparedness, warning and recovery. ASFPM has become a respected voice in floodplain management practice and policy in the United States because it represents the flood hazard specialists of local, state and federal government, the research community, the insurance industry, and the fields of engineering, hydrologic forecasting, emergency response, water resources, and others.
To make this post easy to find in the future, I’ll add it to the Links page of ReduceFlooding.com.
Posted by Bob Rehak on 6/4/2022
1740 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2022/06/Screen-Shot-2022-06-03-at-5.27.08-PM.png?fit=2250%2C1500&ssl=115002250adminadmin2022-06-03 17:53:182022-06-03 17:58:05TWDB Provides Flood-Resource Guide and More
After Hurricane Harvey, people downstream of the Addicks and Barkers Reservoirs on the west side sued the Army Corps for “taking” their property. On February 19, 2020, Judge Loren A. Smith dismissed the takings cases. According to the Houston Chronicle, he said that property owners had no right to sue the government for inundating their land in what he called a “2000-year storm.”
However, today a Federal Appeals Court reversed Judge Smith’s dismissal of the takings cases. A lawyer following the issue described today’s ruling as “a victory for the downstream homeowners. This revives their claims – at least for now.” The appeals court ruled that the lower court incorrectly denied appellants takings claims when it ruled that “Hurricane Harvey was an Act of God.”
This ruling may affect similar cases in the Lake Houston area against the SJRA, also based on takings claims. The Fifth Amendment forbids the government from taking private property “for public use, without just compensation.”
The Lake Houston Area cases are in discovery and working toward a trial date, according to Kimberley Spurlock, an attorney for many of the plaintiffs.
File photo. Looking upstream (NW) at Addicks Reservoir on May 20, 2021.
Summary of Appeal
Hundreds of individuals and companies that owned property downstream from the Addicks and Barker Dams alleged that the Army Corps of Engineers flooded their properties when it opened the dams’ floodgates during Hurricane Harvey.
The U.S. Court of Federal Claims (the lower court) held that plaintiffs did not have “a cognizable property interest in perfect flood control.” Thus, they could not claim “takings” against the United States. The appeals court disagreed. It sent the case back to the lower court for further proceedings.
Today’s ruling describes the history of the dams, the operating procedures for the gates, and analyzes the claims and precedents cited.
Lower Court Erred on “Property Interest,” Governmental Immunity
Basically, the lower court concluded that, “…because there was no cognizable property interest under either state or federal law, Appellants had failed to state a claim upon which relief could be granted.”
As you would expect, much of the appeal discusses whether a property interest does, in fact, exist.
The appellate decision also discusses whether the Army Corps had governmental immunity from takings claims that stem from Government attempts at flood control. The appeals court ruled that the government does NOT enjoy such immunity.
The appellate judges then turned their attention to property interests. They found that the precedents cited by the trial court were either not on point or stretched their points.
In short, the appeals court ruled that the “Court of Federal Claims erred in concluding that Appellants failed to assert a cognizable property interest.”
Summary Judgment Denied, Case Remanded
Both appellants and the government urged the appeals court to order a summary judgment in their favor. The appeals court declined. It noted that “due to the fact-intensive nature of takings cases, summary judgment should not be granted precipitously.” Thus, they remanded the cases back to the lower court. “Remand” in this context means “return a case for reconsideration.”
The appeals court judges asked the lower court to rule on three specific things. Whether:
Appellants have shown that a temporary taking occurred under the test applicable to flooding cases.
Appellants established causation considering the impact of government actions.
The Government can invoke the “necessity doctrine” as a defense.
The last point refers to a Supreme Court ruling. It recognizes that a taking claim may be non-compensable if there is “the destruction of ‘real and personal property, in cases of actual necessity…” Example: to prevent the spread of a fire.
For those reasons, the appeals court reversed the original decision of the Court of Federal Claims. It remanded the case back to the original court for further proceedings “consistent with this opinion.”
Geologists use the term “mouth bar” to describe a sand bar that forms at the mouth of a stream. Where moving water meets standing water, the velocity slows and sediment drops out of suspension, forming a mouth bar. Mouth bars reduce the conveyance of a stream, forcing water up and out during floods. Removal of mouth bars reduces flood risk.
After Harvey, Rogers Gully had the largest mouth bar on the perimeter of Lake Houston with the exception of the West and East Forks of the San Jacinto. Jessica Beemer with Mayor Pro Tem Dave Martin’s office said they do not yet know where the dredgers will go next.
Before Picture
Mouth bar in February of 2020. Note HCFCD excavating channel further upstream in upper left of photo. The City of Houston owns the portion of the channel in foreground.
Looking west, upstream on mRogers Gully. 6/2/22.No more mouth bar!Wider shot from farther back, looking upstream from over Lake Houston. 6/2/22.Shot taken looking east on 6/2/22.Hauling the spoils to the east side of the Lake. 6/2/22.
TWDB Provides Flood-Resource Guide and More
The Texas Water Development Board (TWDB) has compiled an amazing list of resources for those concerned about flooding. Among them: a new Community Official Flood-Resource Guide.
New Community Official Flood-Resource Guide
The Flood-Resource Guide contains information to aid community officials such as floodplain managers, city officials, emergency personnel, and others. While TWDB is targeting community leaders with this particular information, it can benefit anyone concerned about flooding. This guide also makes a great resource for teachers. So why wait for third-parties to convey information to you?
The information includes best-practice guides, links to beneficial websites, videos, and toolkits.
Among the eye-openers for me were results of a statewide survey conducted by TWDB in 2020. One of the questions was, “What are your primary concerns related to flooding?” Amazingly, financial damages fell near the bottom the list. Insufficient infrastructure, preparedness, and poor policy and management topped the list…even above human life!
This 68-page Community Official Flood-Resource Guide is packed with useful information that will help you reduce flood risk and talk about it with your relatives, neighbors and friends.
Other Useful Links
The TWDB page where you can download the new Flood-Resource Guide also provides dozens of other links with information that directly targets residents as well as flood professionals.
Start at the TWDB’s Community Assistance Program webpage. Or go directly to topics that interest you. Whether you’re trying to learn how to read a flood map or comply with flood insurance standards, this is one page that has virtually everything you’ll need. I’ve reproduced the links below for your convenience.
Hand-outs and Brochures
Helpful Floodplain Management Links, Resources
NOTE: This list is provided by the Federal Emergency Management Agency and is current as of March 2022.
FEMA Technical Bulletins
Flood Insurance
Professional Associations
For more information, please contact flood@twdb.texas.gov.
To make this post easy to find in the future, I’ll add it to the Links page of ReduceFlooding.com.
Posted by Bob Rehak on 6/4/2022
1740 Days since Hurricane Harvey
Appeals Court Revives Addicks-Barker Downstream Takings Cases
After Hurricane Harvey, people downstream of the Addicks and Barkers Reservoirs on the west side sued the Army Corps for “taking” their property. On February 19, 2020, Judge Loren A. Smith dismissed the takings cases. According to the Houston Chronicle, he said that property owners had no right to sue the government for inundating their land in what he called a “2000-year storm.”
However, today a Federal Appeals Court reversed Judge Smith’s dismissal of the takings cases. A lawyer following the issue described today’s ruling as “a victory for the downstream homeowners. This revives their claims – at least for now.” The appeals court ruled that the lower court incorrectly denied appellants takings claims when it ruled that “Hurricane Harvey was an Act of God.”
This ruling may affect similar cases in the Lake Houston area against the SJRA, also based on takings claims. The Fifth Amendment forbids the government from taking private property “for public use, without just compensation.”
The Lake Houston Area cases are in discovery and working toward a trial date, according to Kimberley Spurlock, an attorney for many of the plaintiffs.
Summary of Appeal
Hundreds of individuals and companies that owned property downstream from the Addicks and Barker Dams alleged that the Army Corps of Engineers flooded their properties when it opened the dams’ floodgates during Hurricane Harvey.
The U.S. Court of Federal Claims (the lower court) held that plaintiffs did not have “a cognizable property interest in perfect flood control.” Thus, they could not claim “takings” against the United States. The appeals court disagreed. It sent the case back to the lower court for further proceedings.
Today’s ruling describes the history of the dams, the operating procedures for the gates, and analyzes the claims and precedents cited.
Lower Court Erred on “Property Interest,” Governmental Immunity
Basically, the lower court concluded that, “…because there was no cognizable property interest under either state or federal law, Appellants had failed to state a claim upon which relief could be granted.”
As you would expect, much of the appeal discusses whether a property interest does, in fact, exist.
The appellate decision also discusses whether the Army Corps had governmental immunity from takings claims that stem from Government attempts at flood control. The appeals court ruled that the government does NOT enjoy such immunity.
The appellate judges then turned their attention to property interests. They found that the precedents cited by the trial court were either not on point or stretched their points.
In short, the appeals court ruled that the “Court of Federal Claims erred in concluding that Appellants failed to assert a cognizable property interest.”
Summary Judgment Denied, Case Remanded
Both appellants and the government urged the appeals court to order a summary judgment in their favor. The appeals court declined. It noted that “due to the fact-intensive nature of takings cases, summary judgment should not be granted precipitously.” Thus, they remanded the cases back to the lower court. “Remand” in this context means “return a case for reconsideration.”
The appeals court judges asked the lower court to rule on three specific things. Whether:
The last point refers to a Supreme Court ruling. It recognizes that a taking claim may be non-compensable if there is “the destruction of ‘real and personal property, in cases of actual necessity…” Example: to prevent the spread of a fire.
For those reasons, the appeals court reversed the original decision of the Court of Federal Claims. It remanded the case back to the original court for further proceedings “consistent with this opinion.”
For the full text of the appeal, click here.
Posted by Bob Rehak on 6/3/2022
1739 Days since Hurricane Harvey
Rogers Gully Mouth Bar Gone!
Almost three months to the day since dredgers moved from the East Fork San Jacinto to Rogers Gully, dredgers have totally removed the above-water portion of the stream’s mouth bar. Aerial photos taken on 6/2/22 show dredgers now deepening the channel up to the limit of the HCFCD’s excavation of Rogers Gully in 2020.
Geologists use the term “mouth bar” to describe a sand bar that forms at the mouth of a stream. Where moving water meets standing water, the velocity slows and sediment drops out of suspension, forming a mouth bar. Mouth bars reduce the conveyance of a stream, forcing water up and out during floods. Removal of mouth bars reduces flood risk.
After Harvey, Rogers Gully had the largest mouth bar on the perimeter of Lake Houston with the exception of the West and East Forks of the San Jacinto. Jessica Beemer with Mayor Pro Tem Dave Martin’s office said they do not yet know where the dredgers will go next.
Before Picture
It didn’t really take three months to dredge this blockage. Dredgers literally had to dredge their way to the channel, according to State Representative Dan Huberty, who secured funding for additional dredging. The dredging started more than 1,000 feet out into the lake.
Today
A marina on the east side of the lake has been converted to a temporary placement area. From there, truckers haul the dirt out of the floodplain to areas where it’s needed to elevate homes or roadways.
Put another one in the win column. Many people who flooded near Rogers Gully will face less risk this hurricane season as a result of this project.
Posted by Bob Rehak on 6/2/22
1738 Days since Hurricane Harvey