Perhaps no flood-mitigation project has generated more interest in the Lake Houston Area recently than the addition of more flood gates to the Lake Houston Dam. In recent months, as engineers worked on the project’s benefit/cost ratio, information about the project became hard to find. That fueled rumors.
But Tuesday night, at the Kingwood Community Center, Mayor Pro Tem Dave Martin put many of those rumors to rest. He denied the project was on hold, reaffirmed the City’s commitment to the project, and outlined the three main issues that engineers are currently grappling with.
Issues Still Being Evaluated
The main issues include:
Safety concerns about cutting into the concrete of a dam that’s almost 70 years old.
Getting the benefit/cost ratio up.
Finding a suitable alternative that significantly reduces flood risk within the budget.
Martin elaborated on each. Regarding:
Safety concerns – He described the risks of cutting into it to install crest gates. Among them, he said engineers worried about structural stability of the dam after construction. Accordingly, they are recommending significant reinforcement of the concrete. He also hinted that contractors might not bid on the project for fear of the potential liability.
Benefit/Cost Ratio – He said that the higher-than-expects costs on of some alternatives drove the BCR down, and that that was driving the exploration of additional alternatives. He did say, however, that FEMA allows including “social benefits” when the BCR is between .75 and 1.0. The inclusion of social benefits still must yield a BCR of 1.0 or greater. On a separate note, a federal employee told me that the Biden administration may change this policy. So significant uncertainty still exists re: calculation of the BCR.
Budget – He implied that some alternatives under consideration became non-starters because of high costs and inflation.
Alternatives Still Under Consideration
So, the search for a suitable alternative that meets all objectives continues. Among the options still in the running, Martin mentioned crest gates on the west side of the dam and adding a tainter gate to the earthen, eastern portion.
Schedule for adding gates to Lake Houston, first shown in July 2021. Also shown on 4/19/2022. Martin emphasized the schedule has not changed, but could.
The release of 80,000 CFS from Lake Conroe contributed almost a fifth of the water going over the spillway. Lake Conroe gates can release 150,000 CFS while Lake Houston’s can release only 10,000 CFS. The disparity in release capacity caused many to ask whether more gates on Lake Houston could reduce flooding.
Martin pointed out that when water gets high enough in Lake Houston, it can escape over a 2,000-foot-wide spillway. However, more gates could play a role in a pre-release strategy.
Pre-releasing water from Lake Houston in advance of major storms, as the City does now, creates extra capacity in the lake so that it can absorb more water without flooding homes and businesses. This strategy (coupled with the seasonal lowering of Lake Conroe) has worked effectively since Harvey and prevented flooding on more than one occasion.
Time Vs. Release Capacity Vs. Water Preservation
However, right now, it takes so long to release water from Lake Houston that storms can sometimes veer away and miss us after the lowering starts. Thus, water could be wasted. But bigger gates would let dam operators release the same volume of water in less time, so operators would not have to start releasing water so far in advance. In other words they would have a higher degree of confidence that the the storm would not veer away and that release was worthwhile.
Martin reassured people that:
Smaller (i.e., less costly) floodgates can lower Lake Houston sufficiently if given enough time
The lake usually refills quickly
Even if it doesn’t, the City can always call for the release of water from Lake Conroe.
We should know within a few months whether Black & Veatch, the engineering company leading the project, has succeeded in designing additional gates within the budget that meet all other objectives.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2021/07/20210709-Screen-Shot-2021-07-09-at-3.28.06-PM.jpg?fit=1200%2C414&ssl=14141200adminadmin2022-04-21 13:12:152022-04-21 16:15:03Martin Updates Community on Additional Gates for Lake Houston
A new floodwater detention basin that will ultimately more than double the capacity of Woodridge Village is expanding slowly but steadily. To date, 33,159 cubic yards have been excavated! The pictures below show progress since the start of work in late January.
First truckloads of of excavated material leave the southwest corner of the site on 1/27/22.Looking SW.Wider shot taken on same day looking NE looking in opposite direction. The new basin will eventually expand to cover most of the area within the road, tree-line on the left, and the ditch that bisects the property from left to right.Photo taken on 2/14/22 shows the excavation expanding. Looking SW.Four days later.2/18/22. Looking SW toward entrance.Another three days later, on 2/21/22.3/10/223/22/22 after a 2.26 inch rain.3/28/22. Looking NE.4/17/22. Looking SW.Basin will ultimately expand to green boundary.
Sprint has agreed to remove up to 500,000 Cubic Yards of dirt for only $1,000. However, it has the right to sell the dirt at market rates to make a profit. But the dirt can only elevate structures outside of current floodplains.
Three Months Into Contract, Beating the Minimums
When Perry Homes finished its planned floodwater detention basins, it had enough capacity to hold a hundred year rain as defined by pre-Atlas-14 standards. But capacity fell 40% short of Atlas-14 requirements.
The addition of the new detention basin should take capacity well beyond Atlas-14 requirements and create a safety margin that accommodates additional upstream development.
Excavation under an E&R contract can have ups and downs. When construction booms, excavation moves along quickly. But when construction slows, excavation can, too. However, the contract does have minimum excavation requirement of 10,000 cubic yards per month written into it.
At 36,000 cubic yards after roughly 2.5 months, Sprint exceeds the minimum. But if that rate continues, it could take another four years to reach 500,000 cubic yards.
At some point, the county may choose to step in and pay market rates for excavation to speed things up. But until then, every truckload hauled out of Woodridge Village by Sprint will reduce the ultimate cost.
Posted by Bob Rehak on 4/18/2022
1693 Days after Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2022/04/20220417-DJI_0241.jpg?fit=1200%2C799&ssl=17991200adminadmin2022-04-18 17:12:172022-04-18 17:20:21Progress Report New Woodridge Village Floodwater Detention Basin
Many of the Marina Drive Townhomes destroyed by Harvey were rented out. Even though the ground level flooded frequently, landlords in such situations would not have been required to disclose past flooding...until this year.
Floodplain Disclosure Requirement
The new law requires landlords to provide tenants with special notice if their structure is located in the 100-year floodplain designated by FEMA. The notice must also inform tenants that:
“Even if the dwelling is not in a 100-year floodplain, the dwelling may still be susceptible to flooding.”
“Most tenant insurance policies do not cover damages or loss incurred in a flood.”
“You should seek insurance coverage that would cover losses caused by a flood.”
Exception for Elevated Structures
However, the landlord is not required to tell tenants that the property is in the floodplain if the building has been elevated above it. Hmmmm. What about that vehicle in the parking lot?
Flood Disclosure Required…But Only If in Past 5 Years
Regardless of the floodplain status, if a building has flooded in the last five years, the landlord must disclose that to a prospective tenant. This five-year limitation, is one of the biggest flaws in the law, in my opinion. The landlord would currently not have to disclose flooding in the 1994, Allison, Ike, the May 25-27 floods in 2015, or the Tax Day and Memorial Day Floods in 2016. And come September, the landlord would not have to disclose flooding during Hurricane Harvey either.
Written Communication, Separate From Lease Required
However, if the landlord must provide notice, he/she must do it in separate written communication at/or before the signing of the lease.
“Substantial Loss” May Trigger Termination of Lease
If the landlord fails to provide the required notice AND if the tenant suffers a “substantial loss,” the tenant may terminate the lease within 30 days after flood damage occurred. The law defines substantial as 50% or more of the value of repairs to or replacement of the renter’s personal property – on the day the damage occurred.
Lease Termination Only Allowed For 30 Days
Another “but”: termination of the lease becomes effective when the tenant moves out, not at the time of damage.
Within another 30 days after the termination of the lease, the landlord must refund “all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease.”
Flooding No Excuse for Unpaid Rent
The new law does not affect “a tenant’s liability for delinquent, unpaid rent or other sums owed to the landlord before the date the lease was terminated.” So, in other words, if it takes you a full month to move your flood damaged possessions out after the flood, you would owe the landlord for that month.
I am not a lawyer and do not provide legal advice, but that’s how I read the law. Regardless of whether you are a landlord or a tenant, you should read it yourself and discuss it with your lawyer if you have questions.
Posted by Bob Rehak on 4/16/22 based on a tip from a reader
1691 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/07/Exterior-Parks-Home-1-e1650134710966.jpg?fit=1200%2C675&ssl=16751200adminadmin2022-04-16 13:32:072022-04-16 14:03:12Texas Now Has Flood Disclosure For Renters
Martin Updates Community on Additional Gates for Lake Houston
Perhaps no flood-mitigation project has generated more interest in the Lake Houston Area recently than the addition of more flood gates to the Lake Houston Dam. In recent months, as engineers worked on the project’s benefit/cost ratio, information about the project became hard to find. That fueled rumors.
But Tuesday night, at the Kingwood Community Center, Mayor Pro Tem Dave Martin put many of those rumors to rest. He denied the project was on hold, reaffirmed the City’s commitment to the project, and outlined the three main issues that engineers are currently grappling with.
Issues Still Being Evaluated
The main issues include:
Martin elaborated on each. Regarding:
Safety concerns – He described the risks of cutting into it to install crest gates. Among them, he said engineers worried about structural stability of the dam after construction. Accordingly, they are recommending significant reinforcement of the concrete. He also hinted that contractors might not bid on the project for fear of the potential liability.
Benefit/Cost Ratio – He said that the higher-than-expects costs on of some alternatives drove the BCR down, and that that was driving the exploration of additional alternatives. He did say, however, that FEMA allows including “social benefits” when the BCR is between .75 and 1.0. The inclusion of social benefits still must yield a BCR of 1.0 or greater. On a separate note, a federal employee told me that the Biden administration may change this policy. So significant uncertainty still exists re: calculation of the BCR.
Budget – He implied that some alternatives under consideration became non-starters because of high costs and inflation.
Alternatives Still Under Consideration
So, the search for a suitable alternative that meets all objectives continues. Among the options still in the running, Martin mentioned crest gates on the west side of the dam and adding a tainter gate to the earthen, eastern portion.
Martin shared a timetable that shows construction beginning in November. However, FEMA must approve the benefit/cost ratio before they release construction funds.
Background of Project
At the peak of Harvey, 425,000 cubic feet per second (CFS) went over the dam’s spillway. That’s five times the average flow of Niagra Falls. Floodwater backed up so far that it flooded thousands of homes and businesses. It also killed 13 people in the Lake Houston Area, 12 of them in one retirement center.
The release of 80,000 CFS from Lake Conroe contributed almost a fifth of the water going over the spillway. Lake Conroe gates can release 150,000 CFS while Lake Houston’s can release only 10,000 CFS. The disparity in release capacity caused many to ask whether more gates on Lake Houston could reduce flooding.
Martin pointed out that when water gets high enough in Lake Houston, it can escape over a 2,000-foot-wide spillway. However, more gates could play a role in a pre-release strategy.
Pre-releasing water from Lake Houston in advance of major storms, as the City does now, creates extra capacity in the lake so that it can absorb more water without flooding homes and businesses. This strategy (coupled with the seasonal lowering of Lake Conroe) has worked effectively since Harvey and prevented flooding on more than one occasion.
Time Vs. Release Capacity Vs. Water Preservation
However, right now, it takes so long to release water from Lake Houston that storms can sometimes veer away and miss us after the lowering starts. Thus, water could be wasted. But bigger gates would let dam operators release the same volume of water in less time, so operators would not have to start releasing water so far in advance. In other words they would have a higher degree of confidence that the the storm would not veer away and that release was worthwhile.
Martin reassured people that:
We should know within a few months whether Black & Veatch, the engineering company leading the project, has succeeded in designing additional gates within the budget that meet all other objectives.
Staying on the schedule above will be ambitious. FEMA must approve the BCR before releasing money for construction.
Posted by Bob Rehak on April 21, 2022
1696 Days since Hurricane Harvey
Progress Report New Woodridge Village Floodwater Detention Basin
A new floodwater detention basin that will ultimately more than double the capacity of Woodridge Village is expanding slowly but steadily. To date, 33,159 cubic yards have been excavated! The pictures below show progress since the start of work in late January.
Photos showing Progress
Harris County Flood Control District (HCFCD) announced the project on 11/24/2021. Excavation started on 1/27/22.
About Vendor’s Contract
The stormwater detention basin still has a long way to go before it reaches its ultimate size. HCFCD is excavating it under the terms of an E&R (Excavation and Removal) contract with Sprint Sand and Clay.
Sprint has agreed to remove up to 500,000 Cubic Yards of dirt for only $1,000. However, it has the right to sell the dirt at market rates to make a profit. But the dirt can only elevate structures outside of current floodplains.
Three Months Into Contract, Beating the Minimums
When Perry Homes finished its planned floodwater detention basins, it had enough capacity to hold a hundred year rain as defined by pre-Atlas-14 standards. But capacity fell 40% short of Atlas-14 requirements.
The addition of the new detention basin should take capacity well beyond Atlas-14 requirements and create a safety margin that accommodates additional upstream development.
Excavation under an E&R contract can have ups and downs. When construction booms, excavation moves along quickly. But when construction slows, excavation can, too. However, the contract does have minimum excavation requirement of 10,000 cubic yards per month written into it.
At 36,000 cubic yards after roughly 2.5 months, Sprint exceeds the minimum. But if that rate continues, it could take another four years to reach 500,000 cubic yards.
At some point, the county may choose to step in and pay market rates for excavation to speed things up. But until then, every truckload hauled out of Woodridge Village by Sprint will reduce the ultimate cost.
Posted by Bob Rehak on 4/18/2022
1693 Days after Hurricane Harvey
Texas Now Has Flood Disclosure For Renters
Several years ago, a new Texas law mandated flood disclosure for home buyers. Effective January 1, 2022, we now have a similar law for renters. The last legislature added a new section to the Texas Property Code: § 92.0135. But read the fine print. The law has some huge “qualifiers.”
Floodplain Disclosure Requirement
The new law requires landlords to provide tenants with special notice if their structure is located in the 100-year floodplain designated by FEMA. The notice must also inform tenants that:
Exception for Elevated Structures
However, the landlord is not required to tell tenants that the property is in the floodplain if the building has been elevated above it. Hmmmm. What about that vehicle in the parking lot?
Flood Disclosure Required…But Only If in Past 5 Years
Regardless of the floodplain status, if a building has flooded in the last five years, the landlord must disclose that to a prospective tenant. This five-year limitation, is one of the biggest flaws in the law, in my opinion. The landlord would currently not have to disclose flooding in the 1994, Allison, Ike, the May 25-27 floods in 2015, or the Tax Day and Memorial Day Floods in 2016. And come September, the landlord would not have to disclose flooding during Hurricane Harvey either.
A lady in the apartment complex pictured above flooded eight times in five years!
Written Communication, Separate From Lease Required
However, if the landlord must provide notice, he/she must do it in separate written communication at/or before the signing of the lease.
“Substantial Loss” May Trigger Termination of Lease
If the landlord fails to provide the required notice AND if the tenant suffers a “substantial loss,” the tenant may terminate the lease within 30 days after flood damage occurred. The law defines substantial as 50% or more of the value of repairs to or replacement of the renter’s personal property – on the day the damage occurred.
Lease Termination Only Allowed For 30 Days
Another “but”: termination of the lease becomes effective when the tenant moves out, not at the time of damage.
Within another 30 days after the termination of the lease, the landlord must refund “all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease.”
Flooding No Excuse for Unpaid Rent
The new law does not affect “a tenant’s liability for delinquent, unpaid rent or other sums owed to the landlord before the date the lease was terminated.” So, in other words, if it takes you a full month to move your flood damaged possessions out after the flood, you would owe the landlord for that month.
I am not a lawyer and do not provide legal advice, but that’s how I read the law. Regardless of whether you are a landlord or a tenant, you should read it yourself and discuss it with your lawyer if you have questions.
Posted by Bob Rehak on 4/16/22 based on a tip from a reader
1691 Days since Hurricane Harvey