Harris County Flood Control District (HCFCD) has a large active construction project underway in Tomball. Phase I of the project stretches about two-thirds of a mile from SH249 to FM2920 on a tributary of Willow Creek as it arcs around a major shopping center near downtown Tomball and Lone Star College/Tomball. The project includes channel widening and deepening; dry and wet stormwater detention basins; and opportunities for recreational trails.
Limits of Phase 1 are within red oval. Additional improvements (M124-00-00-E002) will extend further south to Willow Creek itselfas additional money becomes available.
Willow Creek: A Study in Contrasts
The Willow Creek watershed is located in northwest Harris County. It drains about half of the City of Tomball. The tributary highlighted above flows through densely developed shopping and medical center areas on the northern end to agricultural and oil and gas interests on the lower end.
Looking SW at southern limit of construction toward agricultural and rural areas beyond.FM2920 leads into distance.
Looking NE in opposite direction toward area of channel widening and detention basins. SH249 cuts left to right across top of frame. FM2920 cuts through upper right corner.Tomball in upper right.
HCFCD contractors were hard at work on Christmas Eve afternoon when I took these shots.
Closer shot of detention ponds north of shopping center out of frame on the right.
Willow Creek: Present and Future
Willow Creek flows into Spring Creek just upstream of where Spring Creek crosses under I-45. The Willow Creek watershed covers about 54 square miles. The downstream end of the watershed is within the floodplain of Spring Creek.
Willow Creek Watershed and current HCFCD projects in various stages of completion. This post is about the one near the top center of the frame ending in E001.
Willow Creek watershed is mostly undeveloped. Significant development is limited to the City of Tomball and a few residential subdivisions in the lower end. The development rate has not been very rapid. However, officials expect it to increase as the City of Tomball continues to expand and urbanization from Houston stretches northwest.
This project will directly benefit mostly areas on the northwest side of the county. However, it may provide some downstream benefit by holding back water in major floods.
Goal: Contain Runoff from 100-Year Event
Phase 1 of this project began construction activities in January 2021. As funding becomes available, future phases of the M124-00-00 project will continue channel conveyance improvements and construct several more stormwater detention basins from F.M. 2920 to the confluence with Willow Creek. Phase II will also deepen the channel improvements from Phase 1 that you see above.
The overall goal of the M124-00-00 project is to enable the channel to contain the 1-percent (100-year) storm event within the channel banks based on existing watershed conditions.
HCFCD
The total project focuses on conveyance improvements of stormwater in the area, as well as reducing flood risk through construction of stormwater detention basins. Stormwater detention basins reduce flooding risks by taking in and temporarily storing stormwater during heavy rain events and releasing the water back into the waterways when the threat of flooding has passed.
Multiple new detention basins along the M124-00-00 channel will add approximately 390 million gallons of storage capacity (an approximate 2,164 percent increase in current storage capacity) to benefit the Willow Creek watershed. That’s enough to contain a foot of water falling on 1200 acres.
Posted by Bob Rehak on 12/26/2021based on info from HCFCD.org
1579 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2021/12/20211224-DJI_0258.jpg?fit=1200%2C799&ssl=17991200adminadmin2021-12-26 12:35:472021-12-27 11:40:39Willow Creek Widening and Stormwater Detention Basins Improving Tomball Drainage
On 12/23/21, a group of petitioners trying to stop implementation of the Ellis-3 redistricting plan for Harris County took their case to the Texas Supreme Court.
District Court Judge Brittanye Morris denied the plaintiffs a temporary restraining order on November 29. Judge Dedra Davis dismissed the entire case on Wednesday, December 22. Neither explained why.
Goal of Petition for Writ of Mandamus
Then on Thursday, December 23, 2021, Cagle, Ramsey and their supporters filed an emergency petition for a “writ of mandamus” with the Texas Supreme Court.
The petition, if granted, would compel Harris County Judge Lina Hidalgo, Precinct 1 Commissioner Rodney Ellis, and Precinct 2 Commissioner Adrian Garcia “to cease implementation of the illegal and unconstitutional Ellis 3 Plan for the upcoming election cycle” and pay all costs of the suit.
A writ of mandamus is literally a judicial command. It orders an official to perform a statutory duty.
The legal combatants: Cagle and Ramsey on the left, Hidalgo, Garcia and Ellis on the right, listen to people testifying at the 12/14/2021 Commissioners Court meetingabout changing flood-bond priorities for third time in 2.5 years.
The 2020 census revealed population changes among districts that required redistricting.
It was possible to comply with the “one man, one vote” rule by transferring 4% of the county’s population.
But Hidalgo, Ellis and Garcia chose a plan that moved 48% and overstepped their authority.
That plan will deprive 1.1 million people of their right to vote for commissioner in the next election and likely tip the result from Republican to Democrat in one precinct, creating a 4-1 supermajority for Democrats.
The petition then recites more facts in the case, elements of the redistricting plan, legal precedents, issues and arguments.
The petition basically restates elements of the original District Court petition. However, for the Texas Supreme Court, it also lists precedents for writs of mandamus. Those were not an element of the original case.
Writs of mandamus compel lower court judges or government officials to perform the duties of their job. In this case, the petition was targeted at three local officials – Hidalgo, Ellis and Garcia.
The urgency explains why Cagle, Ramsey and their supporters skipped the normal intermediate step of filing an appeal. Because of the need to print ballots early in the year, time was simply not available. A writ of mandamus represents the only legal remedy they have available at this point.
Tik tok. Tik tok.
Posted by Bob Rehak on 12/24/2021
1578 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2021/12/Commissioners-Court-Dec-Mtg.jpg?fit=1200%2C685&ssl=16851200adminadmin2021-12-24 06:58:392021-12-24 07:07:10Emergency Petition Filed with Texas Supreme Court to Stop Ellis-3 Redistricting Plan
A lawsuit by Harris County Precinct 3 Commissioner Tom Ramsey, Precinct 4 Commissioner Jack Cagle and their supporters that sought to overturn a redistricting plan devised by Precinct 1 Commissioner Rodney Ellis has been dismissed by an Ellis-backed judge, Dedra Davis.
In the Ellis-3 Redistricting plan, almost all of the Lake Houston Area including Kingwood, Humble, Atascocita, Huffman and Crosby will change from Precinct 4 to Precinct 3. Tom Ramsey will remain the Commissioner of Precinct 3, and will not be up for re-election in 2022.
Details of Redistricting Plan
The Ellis redistricting plan swapped the numbers of Precincts 3 and 4. It also redrew the boundaries of Precincts 3 and 4 so that Ramsey’s home and Cagle’s home changed precincts. The Ellis plan has two immediate effects.
It forces Cagle and Ramsey, both Republicans, to run in each others’ precincts because commissioners must live in the precincts they represent.
The number swap will deny voters in the new precinct 3 the right to vote for commissioner in the next election. That’s because only even-numbered precincts will vote in the next election cycle for commissioners. So the Lake Houston Area will not be able to vote for commissioners next year as it normally would have.
In addition, the plan redraws boundaries of the new Precinct 4 so that it becomes more Democratic. That jeopardizes Cagle’s chances of re-election and could shift the balance of power in Commissioners Court. Four Democrats could create a super-majority, enabling them to raise taxes at will.
Judge Davis, who was supported in her election bid by Rodney Ellis, a key player in this drama, did not recuse herself. Nor did she cite any reasons for dismissing the case in her terse ruling.
Rodney Ellis and Judge Dedra Davis during her election bid.
Stage Set for Appeal
A spokesperson for Commissioner Jack Cagle’s office responded that the plaintiffs intend to file an appeal. However, because of the holidays, no other details were immediately available.
Posted by Bob Rehak on 12/23/2021
1577 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2021/11/20211117-Screen-Shot-2021-11-17-at-9.12.02-PM.jpg?fit=1200%2C798&ssl=17981200adminadmin2021-12-23 11:32:432021-12-23 11:49:51Redistricting Lawsuit Dismissed by Ellis-Backed Judge
Willow Creek Widening and Stormwater Detention Basins Improving Tomball Drainage
Harris County Flood Control District (HCFCD) has a large active construction project underway in Tomball. Phase I of the project stretches about two-thirds of a mile from SH249 to FM2920 on a tributary of Willow Creek as it arcs around a major shopping center near downtown Tomball and Lone Star College/Tomball. The project includes channel widening and deepening; dry and wet stormwater detention basins; and opportunities for recreational trails.
Willow Creek: A Study in Contrasts
The Willow Creek watershed is located in northwest Harris County. It drains about half of the City of Tomball. The tributary highlighted above flows through densely developed shopping and medical center areas on the northern end to agricultural and oil and gas interests on the lower end.
Willow Creek: Present and Future
Willow Creek flows into Spring Creek just upstream of where Spring Creek crosses under I-45. The Willow Creek watershed covers about 54 square miles. The downstream end of the watershed is within the floodplain of Spring Creek.
Willow Creek watershed is mostly undeveloped. Significant development is limited to the City of Tomball and a few residential subdivisions in the lower end. The development rate has not been very rapid. However, officials expect it to increase as the City of Tomball continues to expand and urbanization from Houston stretches northwest.
This project will directly benefit mostly areas on the northwest side of the county. However, it may provide some downstream benefit by holding back water in major floods.
Goal: Contain Runoff from 100-Year Event
Phase 1 of this project began construction activities in January 2021. As funding becomes available, future phases of the M124-00-00 project will continue channel conveyance improvements and construct several more stormwater detention basins from F.M. 2920 to the confluence with Willow Creek. Phase II will also deepen the channel improvements from Phase 1 that you see above.
The total project focuses on conveyance improvements of stormwater in the area, as well as reducing flood risk through construction of stormwater detention basins. Stormwater detention basins reduce flooding risks by taking in and temporarily storing stormwater during heavy rain events and releasing the water back into the waterways when the threat of flooding has passed.
Multiple new detention basins along the M124-00-00 channel will add approximately 390 million gallons of storage capacity (an approximate 2,164 percent increase in current storage capacity) to benefit the Willow Creek watershed. That’s enough to contain a foot of water falling on 1200 acres.
Posted by Bob Rehak on 12/26/2021 based on info from HCFCD.org
1579 Days since Hurricane Harvey
Emergency Petition Filed with Texas Supreme Court to Stop Ellis-3 Redistricting Plan
On 12/23/21, a group of petitioners trying to stop implementation of the Ellis-3 redistricting plan for Harris County took their case to the Texas Supreme Court.
Precinct 4 Commissioner Jack Cagle, Precinct 3 commissioner Tom Ramsey and their supporters filed their original lawsuit in District Court last November. They claimed the Ellis-3 redistricting plan was unconstitutional. They say it disenfranchised 1.1 million people of their right to vote for the commissioner of their choice in next year’s county election.
District Court Judge Brittanye Morris denied the plaintiffs a temporary restraining order on November 29. Judge Dedra Davis dismissed the entire case on Wednesday, December 22. Neither explained why.
Goal of Petition for Writ of Mandamus
Then on Thursday, December 23, 2021, Cagle, Ramsey and their supporters filed an emergency petition for a “writ of mandamus” with the Texas Supreme Court.
The petition, if granted, would compel Harris County Judge Lina Hidalgo, Precinct 1 Commissioner Rodney Ellis, and Precinct 2 Commissioner Adrian Garcia “to cease implementation of the illegal and unconstitutional Ellis 3 Plan for the upcoming election cycle” and pay all costs of the suit.
A writ of mandamus is literally a judicial command. It orders an official to perform a statutory duty.
Elements of Petition
The 47-page petition petition for a writ of mandamus to the Texas Supreme Court begins by recapping the basis for the original lawsuit.
The petition then recites more facts in the case, elements of the redistricting plan, legal precedents, issues and arguments.
The petition basically restates elements of the original District Court petition. However, for the Texas Supreme Court, it also lists precedents for writs of mandamus. Those were not an element of the original case.
Writs of mandamus compel lower court judges or government officials to perform the duties of their job. In this case, the petition was targeted at three local officials – Hidalgo, Ellis and Garcia.
Request to Expedite Petition
The petitioners also filed a 4-page request to expedite the case, citing the nearness of the next election.
The urgency explains why Cagle, Ramsey and their supporters skipped the normal intermediate step of filing an appeal. Because of the need to print ballots early in the year, time was simply not available. A writ of mandamus represents the only legal remedy they have available at this point.
Tik tok. Tik tok.
Posted by Bob Rehak on 12/24/2021
1578 Days since Hurricane Harvey
Redistricting Lawsuit Dismissed by Ellis-Backed Judge
A lawsuit by Harris County Precinct 3 Commissioner Tom Ramsey, Precinct 4 Commissioner Jack Cagle and their supporters that sought to overturn a redistricting plan devised by Precinct 1 Commissioner Rodney Ellis has been dismissed by an Ellis-backed judge, Dedra Davis.
Details of Redistricting Plan
The Ellis redistricting plan swapped the numbers of Precincts 3 and 4. It also redrew the boundaries of Precincts 3 and 4 so that Ramsey’s home and Cagle’s home changed precincts. The Ellis plan has two immediate effects.
In addition, the plan redraws boundaries of the new Precinct 4 so that it becomes more Democratic. That jeopardizes Cagle’s chances of re-election and could shift the balance of power in Commissioners Court. Four Democrats could create a super-majority, enabling them to raise taxes at will.
TRO Denied, Then Lawsuit Dismissed on Plea to Jurisdiction
The plaintiffs sought a temporary restraining order (TRO) to block preparations for redistricting until the lawsuit could be resolved.
Judge Brittanye Morris (acting as an ancillary judge for Davis) denied the TRO on November 29 without explanation.
Hidalgo then filed a Plea to the Jurisdiction on December 13. In it, she pled that:
Yesterday, December 22, 2021, Judge Dedra Davis of the 270th District Court upheld Hidalgo’s plea to the jurisdiction and dismissed the lawsuit.
Judge Davis, who was supported in her election bid by Rodney Ellis, a key player in this drama, did not recuse herself. Nor did she cite any reasons for dismissing the case in her terse ruling.
Stage Set for Appeal
A spokesperson for Commissioner Jack Cagle’s office responded that the plaintiffs intend to file an appeal. However, because of the holidays, no other details were immediately available.
Posted by Bob Rehak on 12/23/2021
1577 Days since Hurricane Harvey