In its initial response to the LCA suit, the City argued what lawyers call a “plea to the jurisdiction.” The City claimed that LCA lawyers relied on outdated case law, that the City enjoyed governmental immunity, and that the plaintiff’s claims should be dismissed for lack of subject matter jurisdiction.
The arguments re: immunity are complicated and technical. Briefly, Texas law gives governmental entities broad immunity. Plaintiffs must challenge the validity of a statute under which a government took action to challenge the government’s action. But, says the City, the seasonal lake lowering policy is not a statute or ordinance; it is simply a policy. Thus, “Plaintiffs’ declaratory judgment action is barred by governmental immunity.”
Even without a law degree, it appears on the surface that the only claim with validity is the enjoyment claim. But balanced against the City’s property rights (in the water), plus the potential flood-reduction and property-protection benefits, it pales.
“IT IS THEREFORE, ORDERED that City of Houston’s Plea to the Jurisdiction is SUSTAINED and that Plaintiffs’ claims are DISMISSED for lack of jurisdiction.
Judge in LCA Case
Altogether, plaintiff’s filed 86 pages of legal briefs so far. I’m glad I’m not a Lake Conroe homeowner paying the bill for that!
Irreparable Harm? Really?
Some LCA claims stretched credulity. A 1-foot reduction causing irreparable harm? Really?!! During public testimony before a special SJRA Board meeting this morning, Lake Conroe callers mentioned that sales tax receipts are up, boaters are enjoying the lake, and home values are also up substantially since the seasonal lake lowering policy started.
Boats on Lake Conroe during last year’s seasonal lowering in the Spring.
Homeowners around Lake Conroe should demand to learn what and who is really behind this exercise.
Effect on SJRA
To date, the City of Houston has taken the lead on various pleadings. That makes sense because the lake lowering program involves its water.
The judge’s order this morning did not affect the SJRA. That’s because SJRA has not yet filed any answer, pleadings, or briefs in the case. The extent of SJRA activities on this case so far was to brief its board this morning and get its support to engage outside legal counsel. The board approved hiring two firms. Expect more from the SJRA in the coming days.
Posted by Bob Rehak on 4/9/2021
1319 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/02/D-8-Boat-at-Walden-Yacht-Club.jpg?fit=1200%2C800&ssl=18001200adminadmin2021-04-09 18:54:192021-04-09 20:54:54MoCo Judge Dismisses Lake Conroe Association Suit to Block Seasonal Lake Lowering
The Lone Star Groundwater Conservation District (LSGCD) board voted Wednesday in a special meeting to throw caution and conservation to the wind. In a long-delayed vote, the board unanimously agreed to adopt “Desired Future Conditions” (DFCs) that allow groundwater pumping to increase from approximately 60,000 acre fee per year to 115,000. This was the third of three alternatives they considered and the one that caused up to 3.5 feet of subsidence in southern MoCo. The board also voted unanimously NOT to include a subsidence metric in their DFCs and to hire an Austin PR firm, The Mach 1 Group, to handle the PR fallout.
Still No Action to Initiate MoCo Subsidence Study
For the third meeting in a row, the board also took no action to initiate Phase II of its subsidence study. The LSGCD Phase I report stated that Phase II would assess subsidence and flooding. However, having decided to ignore subsidence, the fate of Phase II remains unclear. (As of this writing, the board has not yet posted its agenda for the regularly scheduled April 13 meeting, nor has it posted the video of the April 7 meeting.) (Update: as of 4/12 at noon, video of the meeting was still not posted.)
Stage Set for Showdown
All of these decisions set the stage for a showdown at the Groundwater Management Area 14 (GMA-14) meeting this Friday at 9 a.m. Approval of LSGCD’s DFCs requires a two-thirds vote. Because GMA-14 has five voting groundwater conservation districts, approval will require at least three others.
GMA-14 will meet tomorrow at 9 a.m. to discuss its options. See meeting details below if you wish to participate.
The virtual meeting started 14 minutes late due to connectivity issues. The few hardy souls who persisted through the delays and poor audio quality, were treated to lengthy presentations that covered old ground and several contradictory comments from staff and board members.
For instance:
LSGCD claimed at the last GMA-14 meeting that it needed another month to hold stakeholder meetings before they could vote on DFCs. But last night’s reports on the stakeholder meetings did not mention subsidence, only the need to improve communications. This set the stage for the motions to ignore subsidence in DFCs and to hire a PR agency. It would be interesting to learn whether stakeholders expressed concerns about subsidence that weren’t reported.
QuadVest, which reportedly funded the campaigns of current board members, previously threatened to sue everyone in sight if they didn’t get their way. However, in yesterday’s meeting, they claimed they now had no plans to sue anyone. (Note: Previous to voting on yesterday’s motion, the board discussed litigation in executive session.) Winning through intimidation!
The board claimed it could not measure subsidence, although tools to do so are cheap and readily available. And the LSGCD staff was told so in the last GMA-14 meeting.
The board also insisted its problems were based on misinformation, but failed to acknowledge one example. Neither did they acknowledge their own role in spreading disinformation.
For instance, LSGCD claimed Harris County had no subsidence metric in place, ignoring the facts that the goal of the Harris-Galveston Subsidence District is to eliminate subsidence and that HGSD has extensive regulations in place to get people off of groundwater.
The key argument seemed to be that aquifer decline, not subsidence, was the only limiting factor on groundwater pumping. But modeling showed that at the pumping rate they adopted, subsidence would exceed three feet in places.
The board also argued that pumping in Harris County affected subsidence in MoCo. While true in certain cases, that ignores the fact that they approved an increase in MoCo pumping while pumping in Harris County is declining.
They talked a lot about property rights, but never specified whose. QuadVest believes they have a right to pump water from beneath your house.
Modeled subsidence in MoCo if pumping reaches 115,000 acre feet per year.
Who Benefits?
QuadVest gets to pump more water, the raw material of its business. QuadVest previously backed efforts to get the LSGCD board elected rather than appointed by local regulated entities. QuadVest then reportedly backed a slate of candidates promising to “Restore Affordable Water.” However, according to MoCo residents who get QuadVest water and have contacted me, water rates have not come down.
Who Loses?
Consequences of subsidence are widespread. Differential subsidence measured over wide areas can alter the gradient of ditches, pipelines, streams, rivers and lakes. For instance, models show that the subsidence associated with pumping 115,000 acre feet per year in Montgomery County would cause 1 foot of subsidence at the Lake Houston Dam but 3 feet in Kingwood and Huffman. That would put tens of thousands of upstream residents 2 feet closer to floodwaters.
Rescue efforts in Kingwood on Valley Manor during Harvey flood in 2017. 2.1 miles from West Fork of San Jacinto. 110 homes in this subdivision flooded. Imagine if water were 2 feet higher.
Subsidence can also crack roads, foundations, walls, ceilings, and roofs, especially near fault lines which are plentiful in southern MoCo and northern Harris Counties.
Subsidence triggered by groundwater pumping at a Woodlands home near a fault line.
Avoiding Checks and Balances
If subsidence isn’t really a danger as the LSGCD board contends, why not include a subsidence metric in its DFCs? Aquifers can rebound over time, but subsidence is forever. Over-pumping could cause irreversible damage as you see above.
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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/03/IMG_0617-e1617916649512.jpeg?fit=1200%2C856&ssl=18561200adminadmin2021-04-08 16:05:372021-04-12 12:46:49LSGCD Votes to Almost Double Groundwater Pumping, Treat Subsidence as PR problem
TownshipFuture in the Woodlands is presenting a petition to Groundwater Management Area 14 (GMA-14) that would limit proposed increases in groundwater pumping that could lead to subsidence.
Last night, TownshipFuture held a panel discussion with representatives from San Jacinto River Authority, Woodlands Water Agency and Harris-Galveston Subsidence District. They all confirmed that lower aquifer levels, caused by over-use of groundwater pumping, leads to subsidence.
You need not live in the Woodlands to sign this petition. Excessive groundwater pumping will affect much of Montgomery and Harris Counties. See the maps modeling subsidence below. Note the 3.75 feet in southern MoCo and 3 feet in northern Harris.
Subsidence if 115,000 acre feet per year are pumped in Montgomery County, depleting aquifers by 30% (leaving 70%).
Subsidence in Harris County if private utilities are allowed to deplete aquifers in MoCo by 30%, leaving 70%.
Note how projected subsidence is 1 foot at the Lake Houston Dam but 3 feet in Huffman and Kingwood. This would tilt Lake Houston back toward the north by 2 feet.
YOUR ACTION NEEDED NOW
Please sign TownshipFuture’s petition to GMA 14 opposing increased groundwater pumping! You can find it at:
The petition will be sent to GMA 14 AT 5PM TODAY and having your name included will go a long way to help persuade GMA 14 to minimize groundwater pumping. As of 2PM, over 200 people have added their names to the petition. Talk to your neighbors who might be interested in adding their names.
This is something that needs to come from our whole community, because it impacts ALL of us! Act NOW! Please share with all of your friends, neighbors and relatives.
Posted by Bob Rehak on 4/7/2021 at 3:45 PM
1317 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/11/Slide2.jpeg?fit=1200%2C675&ssl=16751200adminadmin2021-04-07 15:46:572021-04-07 15:59:56Last Chance to Support Petition Limiting Subsidence
MoCo Judge Dismisses Lake Conroe Association Suit to Block Seasonal Lake Lowering
It has been a busy ten days at the Montgomery County Courthouse. On March 31, the Lake Conroe Association (LCA) filed a lawsuit to block the seasonal lowering of the lake. But a hearing was not set until April 19. Meanwhile, the SJRA and City of Houston initiated a release of 450 cubic feet per second on April 1. That prompted the LCA to request an immediate order to stop the release on April 6. And that may have backfired on the Association. It forced the judge to look at the case sooner. And today, the judge dismissed the entire suit with respect to the City of Houston for lack of jurisdiction. Co-defendant SJRA has yet to file its response in the case, so the judge could not rule on that.
Dismissed for Lack of Subject Matter Jurisdiction
In its initial response to the LCA suit, the City argued what lawyers call a “plea to the jurisdiction.” The City claimed that LCA lawyers relied on outdated case law, that the City enjoyed governmental immunity, and that the plaintiff’s claims should be dismissed for lack of subject matter jurisdiction.
The arguments re: immunity are complicated and technical. Briefly, Texas law gives governmental entities broad immunity. Plaintiffs must challenge the validity of a statute under which a government took action to challenge the government’s action. But, says the City, the seasonal lake lowering policy is not a statute or ordinance; it is simply a policy. Thus, “Plaintiffs’ declaratory judgment action is barred by governmental immunity.”
More Hail Mary’s
To stop the seasonal release once it started, Plaintiffs then filed their first supplement to the Application for a temporary restraining order. They also filed a Supplement to their Original Petition. And a second supplement. The filings claimed that the release of 450 CFS was:
The City of Houston answered these allegations one by one in a seven-page brief filed on 4/7/2021. I’ll dispense with the legal arguments; you can read them for yourself. They discuss whether the allegations have merit and meet the legal definitions involved.
Even without a law degree, it appears on the surface that the only claim with validity is the enjoyment claim. But balanced against the City’s property rights (in the water), plus the potential flood-reduction and property-protection benefits, it pales.
Judge’s Ruling
Suffice it to say, that around 9 a.m. today, the judge agreed with the City of Houston’s Plea to the Jurisdiction. “The Court having considered the Plea and the response, if any, is of the opinion that it should in all things be SUSTAINED.”
Altogether, plaintiff’s filed 86 pages of legal briefs so far. I’m glad I’m not a Lake Conroe homeowner paying the bill for that!
Irreparable Harm? Really?
Some LCA claims stretched credulity. A 1-foot reduction causing irreparable harm? Really?!! During public testimony before a special SJRA Board meeting this morning, Lake Conroe callers mentioned that sales tax receipts are up, boaters are enjoying the lake, and home values are also up substantially since the seasonal lake lowering policy started.
Homeowners around Lake Conroe should demand to learn what and who is really behind this exercise.
Effect on SJRA
To date, the City of Houston has taken the lead on various pleadings. That makes sense because the lake lowering program involves its water.
The judge’s order this morning did not affect the SJRA. That’s because SJRA has not yet filed any answer, pleadings, or briefs in the case. The extent of SJRA activities on this case so far was to brief its board this morning and get its support to engage outside legal counsel. The board approved hiring two firms. Expect more from the SJRA in the coming days.
Posted by Bob Rehak on 4/9/2021
1319 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.
LSGCD Votes to Almost Double Groundwater Pumping, Treat Subsidence as PR problem
The Lone Star Groundwater Conservation District (LSGCD) board voted Wednesday in a special meeting to throw caution and conservation to the wind. In a long-delayed vote, the board unanimously agreed to adopt “Desired Future Conditions” (DFCs) that allow groundwater pumping to increase from approximately 60,000 acre fee per year to 115,000. This was the third of three alternatives they considered and the one that caused up to 3.5 feet of subsidence in southern MoCo. The board also voted unanimously NOT to include a subsidence metric in their DFCs and to hire an Austin PR firm, The Mach 1 Group, to handle the PR fallout.
Still No Action to Initiate MoCo Subsidence Study
For the third meeting in a row, the board also took no action to initiate Phase II of its subsidence study. The LSGCD Phase I report stated that Phase II would assess subsidence and flooding. However, having decided to ignore subsidence, the fate of Phase II remains unclear. (As of this writing, the board has not yet posted its agenda for the regularly scheduled April 13 meeting, nor has it posted the video of the April 7 meeting.) (Update: as of 4/12 at noon, video of the meeting was still not posted.)
Stage Set for Showdown
All of these decisions set the stage for a showdown at the Groundwater Management Area 14 (GMA-14) meeting this Friday at 9 a.m. Approval of LSGCD’s DFCs requires a two-thirds vote. Because GMA-14 has five voting groundwater conservation districts, approval will require at least three others.
GMA-14 will meet tomorrow at 9 a.m. to discuss its options. See meeting details below if you wish to participate.
More Troubling Contradictions Emerge from Meeting
Those who follow this debate have noted many troubling contradictions on the part of LSGCD and yesterday’s meeting was no exception.
The virtual meeting started 14 minutes late due to connectivity issues. The few hardy souls who persisted through the delays and poor audio quality, were treated to lengthy presentations that covered old ground and several contradictory comments from staff and board members.
For instance:
Who Benefits?
QuadVest gets to pump more water, the raw material of its business. QuadVest previously backed efforts to get the LSGCD board elected rather than appointed by local regulated entities. QuadVest then reportedly backed a slate of candidates promising to “Restore Affordable Water.” However, according to MoCo residents who get QuadVest water and have contacted me, water rates have not come down.
Who Loses?
Consequences of subsidence are widespread. Differential subsidence measured over wide areas can alter the gradient of ditches, pipelines, streams, rivers and lakes. For instance, models show that the subsidence associated with pumping 115,000 acre feet per year in Montgomery County would cause 1 foot of subsidence at the Lake Houston Dam but 3 feet in Kingwood and Huffman. That would put tens of thousands of upstream residents 2 feet closer to floodwaters.
Subsidence can also crack roads, foundations, walls, ceilings, and roofs, especially near fault lines which are plentiful in southern MoCo and northern Harris Counties.
Avoiding Checks and Balances
If subsidence isn’t really a danger as the LSGCD board contends, why not include a subsidence metric in its DFCs? Aquifers can rebound over time, but subsidence is forever. Over-pumping could cause irreversible damage as you see above.
GMA-14 Meeting Details
The GMA-14 meeting is April 9, 2021 at 9 a.m. To make a public comment, sign up here.
Posted by Bob Rehak on April 8, 2021
1318 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.
Last Chance to Support Petition Limiting Subsidence
TownshipFuture in the Woodlands is presenting a petition to Groundwater Management Area 14 (GMA-14) that would limit proposed increases in groundwater pumping that could lead to subsidence.
Last night, TownshipFuture held a panel discussion with representatives from San Jacinto River Authority, Woodlands Water Agency and Harris-Galveston Subsidence District. They all confirmed that lower aquifer levels, caused by over-use of groundwater pumping, leads to subsidence.
You need not live in the Woodlands to sign this petition. Excessive groundwater pumping will affect much of Montgomery and Harris Counties. See the maps modeling subsidence below. Note the 3.75 feet in southern MoCo and 3 feet in northern Harris.
Note how projected subsidence is 1 foot at the Lake Houston Dam but 3 feet in Huffman and Kingwood. This would tilt Lake Houston back toward the north by 2 feet.
YOUR ACTION NEEDED NOW
Please sign TownshipFuture’s petition to GMA 14 opposing increased groundwater pumping! You can find it at:
https://townshipfuture.org/home/our-advocacy/petition-to-limit-groundwater-pumping-in-montgomery-county/
The petition will be sent to GMA 14 AT 5PM TODAY and having your name included will go a long way to help persuade GMA 14 to minimize groundwater pumping. As of 2PM, over 200 people have added their names to the petition. Talk to your neighbors who might be interested in adding their names.
This is something that needs to come from our whole community, because it impacts ALL of us! Act NOW! Please share with all of your friends, neighbors and relatives.
Posted by Bob Rehak on 4/7/2021 at 3:45 PM
1317 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.