Rep. Metcalf Introduces Bills to Deny Downstream Representation on SJRA Board

Texas State Representative Will Metcalf from Conroe has introduced two bills in the 87th Legislature that would affect the composition of the San Jacinto River Authority (SJRA) Board. The two bills have major differences. One calls for the election of Board members. In case that fails, the other recommends how the Governor should appoint directors. Both bills, however, introduce an upstream bias in the selection of board members at the expense of downstream residents.

Excluding Harris County Voters

HB4575 would create a Board of seven directors who must be legal voters in the State of Texas. It does not specify who gets to vote in the election. It simply says voters in the District will elect Board members at large. But the boundaries of “the District” are not defined in HB4575. They are, however, defined in Section 5 of the SJRA enabling legislation to EXCLUDE Harris County. So far, no other sponsors have signed onto the bill.

Stacking Deck in Favor of MoCo

HB3116 relates to recommendations for the appointment of SJRA directors. It calls for the Governor to appoint six directors, all of whom must be Texas voters and property owners. Four of the six must reside in Montgomery County, the only county wholly encompassed by the District defined in the SJRA boundaries.

The Commissioners Court of Montgomery County would get to recommend two directors to the governor. Other counties in the watershed could each recommend one. But, again, four – a two-thirds majority – would have to reside in Montgomery County.

The SJRA board currently has seven members, so this bill would reduce that number by one and also increase the possibility of tie votes. That could help stymie approval of policies, such as lowering Lake Conroe seasonally or fighting subsidence. As of this date, no other sponsors have signed onto this bill either. It was referred to the Natural Resources committee yesterday.

Could Impact Lake-Lowering Policy

Metcalf’s filing of these bills comes hot on the heels of a contentious debate last year about seasonal lowering of Lake Conroe to provide a buffer against flooding in downstream communities. The hotly contested issue drew hundreds of Lake Conroe residents to a board meeting that had to be held in the Montgomery County Convention Center to accommodate the crowd. Protestors complained that it would ruin recreation and the tax base of Montgomery County.

In the end, the appointed board voted to continue its lake lowering policy. The policy calls for lowering the lake from 201 feet to 200 during April and May, then again in August. During September, the peak of hurricane season, the SJRA would lower Lake Conroe an additional half foot to 199.5. The City of Houston owns two-thirds of the water in the lake, and all releases come from the City’s share, and only at the City’s request. SJRA staff coordinate with City staff on the details and timing of all releases. And if the level of Lake Conroe has already dropped to the target elevation due to natural evaporation, no additional releases are called for.

The SJRA board first adopted this policy after Governor Gregg Abbott visited the flood-ravaged Lake Houston Area in 2018. That year, he also appointed two downstream residents who flooded during Harvey, Kaaren Cambio and Mark Micheletti, to the SJRA board.

Kingwood Greens Evacuation During Harvey by Jay Muscat
Photo by Jay Muscat of the Kingwood Greens Evacuation during Harvey after the SJRA release from Lake Conroe.

If Metcalf’s bills gain traction, the bills could potentially undermine the lake-lowering policy. The SJRA Board extended it for three years starting last year. That would give the City of Houston time to add more gates to the Lake Houston dam. FEMA gave the City three years to complete the gates when the project clock started ticking on April 8th of last year. The City is still in the preliminary engineering phase of that project, and trying to prove up the benefit/cost ratio for FEMA.

Could Also Impact Groundwater and Subsidence Debates

Metcalf’s bills could also affect the subsidence debate between upstream and downstream interests.

Shortly after the Lone Star Groundwater Conservation District (LSGCD) first elected its board in 2018, the LSGCD board began advocating for higher groundwater pumping. It has also stonewalled any mention of subsidence in the desired future conditions for Montgomery County in Groundwater Management Area 14.

Private groundwater providers, such as Quadvest, heavily backed a slate of candidates for the LSGCD Board in 2018. Their candidates won based on the promise to “restore affordable water,” but residents report that water rates have not gone down.

The SJRA has opposed the unlimited pumping of groundwater. Electing the SJRA board, too, opens it up to the same kind of shadowy influence exerted by Quadvest prior to the 2018 election. If Quadvest is successful again, Quadvest could eliminate its primary opposition on the subsidence issue. The residents of northern Harris and southern Montgomery Counties would then potentially face increased subsidence. And subsidence can damage foundations, walls, ceilings, cabinets, doors, driveways, streets, pipelines, and more.

As the map below shows, subsidence could also tilt Lake Houston toward the Harris/Montgomery County line by two feet relative to the amount of subsidence at the Lake Houston Dam. That could increase flood risk for people living in the upstream reaches of the lake.

Drawing down aquifers in MoCo by 30% (leaving 70%) was supposed to have produced no more than 1 foot of subsidence, but models showed it could produce 3 feet in the Kingwood and Huffman areas of Harris County.
The same amount of pumping produced 3.25 feet of subsidence in southern MoCo.

Neither Elections, Nor Appointments, Should Exclude Affected Residents

I normally don’t oppose elected boards. But I also don’t want to return to the days just before Harvey when the SJRA board represented only upstream interests and downstream areas flooded disastrously.

If the SJRA board is elected, downstream residents in Harris County should be able to vote on the board members. Metcalf’s bills have the appearance of populism, but they strive to stack the deck against downstream residents. Both are wrong.

Everyone who lives and works along the San Jacinto should get to vote on the composition of the SJRA Board if board members will be elected.

Posted by Bob Rehak on 3/20/2021

1299 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.

New Bayou Greenway Now Connects Kingwood, Forest Cove

The Houston Parks Board’s newest leg of the San Jacinto Bayou Greenway is nearing completion. Construction started near River Grove Park in Kingwood and is working its way west toward Harris County Precinct 4’s new Edgewater Park at US59.

First Leg Now Concreted, Others Under Construction

The first leg of the concrete trail connects River Grove Park and the Kingwood Trail Network to Hamblen Road in Forest Cove. From there, the trail snakes through streets in the Northshore neighborhood, such as Northshore Drive and Sunrise Trail. It currently stops just north of the Forest Cove little league fields on Forest Cove Drive. However, the trail will continue west; that’s just the extent of current construction. At the ends of streets that don’t connect, the Parks Board is building connector trails for hikers and bikers.

The only portion of the San Jacinto Bayou Greenway completely concreted to date links Woodland Hills Drive and Hamblen. Other portions of the trail are partially concreted, and some are still being cleared. Construction fences are still up, even in the areas with concrete, as crews have not yet finished installing benches and planting grass.

Not Yet Quite Bike Ready

Net: Don’t take your bike through there yet. These pictures taken this afternoon show the current state of construction.

Looking west from the entrance to River Grove Park in Kingwood toward Hamblen Road in Forest Cove at the new San Jacinto Bayou Greenway trail.
Closer view of same trail in same direction. Note the limited landscaping to date.
Reverse angle looking east toward River Grove from the end of Hamblen Road in Forest Cove.
Another leg of trail, not yet complete, connecting Northshore Drive and Sunrise Trail. Looking SW from Northshore.
Where second leg of trail exits onto Sunrise Trail.
Current end of construction activity at Forest Cove Drive just north of Little League Fields.

Trail is actively being cleared farther to the east, but it’s not yet passable. The cleared portion currently terminates at Marina Drive near the Forest Cove Pool, behind the townhomes destroyed by Harvey.

Map courtesy of Houston Parks Board.

While th San Jacinto Bayou Greenway project will help to revitalize the area, some residents who survived the storm and rebuilt their homes lament the loss of seclusion. However, avid hikers and bikers will no doubt will love the trail which will connect to the Spring Creek Greenway and take people up to the Woodlands. It represents a vast expansion of connected trails in the area and will rival the largest urban trail networks in the countryif it won’t be the largest.

That will put Kingwood and Forest Cove back in the news again in an immensely positive way. It will also create a magnet that improves home values again and attracts younger couples with children trying take advantage of Humble ISD schools.

This project has been in the planning stages since shortly after Harvey. It was just last month that the first leg of the trail connecting River Grove and Hamblen was cleared. Crews have made considerable progress since then.

Posted by Bob Rehak on 3/19/2021

1298 Days since Hurricane Harvey

Flood Notes: Quick Updates on Multiple Flood Related Topics

Below are updates on seven flood-related topics from around the Lake Houston Area and Texas.

Plugging of Noxxe Wells in Forest Cove Delayed

Peter Fisher of the Texas Railroad Commission reports that its Oil & Gas Division is about eight to 10 weeks away from plugging the NOXXE wells in Forest Cove. Noxxe abandoned the lease when Harvey cleanup costs forced the company into bankruptcy. The Commission’s General Counsel notified Fisher on March 4th that another operator is attempting to take over the NOXXE leases.  “At this time we do not know for sure which wells they are interested in.  Therefore, we are currently in a holding pattern on plugging the NOXXE wells,” said Fisher. TRRC has already finished cleanup of the rusting tanks in Forest Cove, but several wells still appear to be leaking based on aerial photos that show oil on ponds and in the public water supply.

Black substance in West Fork/Lake Houston stretched for about a half mile on December 7, 2020, next to one of many abandoned Noxxe wells.

Texas GLO and Houston Declare Truce for Time Being

Last year, the Texas General Land Office (GLO) tried to claw back funds allocated to the City of Houston for several Harvey-related disaster assistance programs. Why? The City fell seriously behind deadlines, even as the reimbursement program was expiring. Then the two sides reached a settlement and the City took back some programs. Houston will continue to administer $835 million in programs – Homeowner Assistance (reimbursement program), Single Family Development, Multifamily Rental, Small Rental, Homebuyer Assistance, Buyout, Public Services and Economic Revitalization Programs.

However, the GLO included strict program benchmarks with language that includes: “Program Benchmarks: Subrecipient’s failure to achieve a Program Benchmark in the Subrecipient Agreement may result in the termination of the Program and/or funds being removed from the Contract, at the GLO’s sole discretion.” HUD’s rules include that funds be expended – not allocated – by August 2024, plus one more year for close out, or else HUD will retain the funds.

City’s Homeowner Assistance Applications

In the meantime, the GLO is keeping the City’s Homeowner Assistance Program. Many who first applied through the City have been caught in limbo due to missing, incomplete and poorly formatted documents.

On December 30, 2020, the GLO received 48,000 documents that had no discernable naming conventions, were not grouped by applicant, and were mostly unsearchable. The GLO had to open each document to determine which applicant it belongs to and file accordingly. On January 27, 2021, the GLO received a transfer of additional files that appear to be mostly environmental assessments, but once again, were not organized. The GLO has sorted the files from the City of Houston and the GLO team is contacting applicants to request missing or outdated documentation to move them towards construction.

We received data for 7,176 files, but nearly half had none or only one of the documents needed for a complete application to achieve HUD eligibility. “We are in the process of contacting all applicants to determine which ones still wish to participate and request the documents we need to complete their files,” said a GLO spokesperson.

Court Reverses Air Quality Permit for APO

Texans for Responsible Aggregate Mining announced that on March 5, a district court in Austin struck down an air-quality permit for a quarry. Alabama-based Vulcan Construction Materials needed the permit to proceed with a controversial project.

Texas Commission on Environmental Quality (TCEQ) had initially granted the permit in 2019 after two years of heated legal wrangling between Vulcan, the nation’s largest producer of construction aggregates, and an alliance of Comal County citizens, community groups and Comal ISD.

459th Civil District Court Judge Maya Guerra Gamble ruled that:

  • TCEQ’s assertion that the quarry would not harm human health or welfare was not supported by evidence.
  • Vulcan’s emissions calculations were not representative and not supported by substantial evidence.
  • Vulcan’s air quality analysis did not account for cumulative impacts or emissions from the quarry and roads.
  • Vulcan’s choice of background concentration was arbitrary or capricious.
  • In the contested case hearing, the State Office of Administrative Hearings (SOAH) judge erred in allowing Vulcan to hide behind “trade secret” claims.
  • Plaintiffs were denied due process when the SOAH judge allowed Vulcan to conceal data using the “trade secret” excuse and did not allow plaintiffs to cross-examine Vulcan.

Vulcan’s proposed mining operation in the Texas Hill Country would stretch across nearly three miles of the environmentally sensitive Edwards Aquifer Recharge Zone, the primary water supply for over two million people in New Braunfels and San Antonio.

Lone Star Groundwater Conservation District Punts on Subsidence Again

After several filibusters, the Lone Star Groundwater Conservation District Board again deferred publicly adopting a position on subsidence or approving the second half of its subsidence study in a mercifully brief March 9th meeting. The District’s general manager and counsel are reportedly querying stakeholders on the subject. But time is running out before GMA-14 meeting. The LSGCD may have to call a special meeting before the next GMA-14 meeting on April 9th to resolve those issues. It will be interesting to see what they come back with. Simon Sequeira, of Quadvest, one of the largest independent water pumpers in the county is a stakeholder.

Kerr County Commissioners Support Best Management Practices for Local APOs

The adoption of best management practices by sand mines in the San Jacinto watershed has been a legislative goal of area groups since Harvey. It was during Harvey that floodwaters swept through mines and flushed sand downstream where it contributed to the flooding of thousands of homes and businesses. Now the Hill-Country group, Texans for Responsible Aggregate Management reports they have achieved a victory of sorts.

On March 1st, 2021 the Kerr County Commissioners’ Court unanimously passed a resolution supporting TRAM’s legislative goals, as well as a resolution encouraging Kerr County APOs to adopt Best Management Practices (BMPs) in order to minimize adverse health effects and nuisance issues. The resolution was sparked by concerns over West Texas Aggregate LLC’s desire for a permanent rock and concrete crusher facility near the airport east of Kerrville.

LCRA Adopts Commercial Dredging Moratorium on Highland Lakes

On February 24, 2021, The Lower Colorado River Authority Board of Directors adopted a one-year moratorium prohibiting commercial dredging on the Highland Lakes until new rules are established. This action states that LCRA will not review pending permit applications such as the Collier Materials Inc. permit application for commercial dredging on the Llano River and cancelled the public meeting scheduled for March 10, 2021.

The Board determined that new rules are necessary to address commercial dredging projects and their potential impact on water quality, aquatic life and public safety on the lakes. Over the next year, LCRA will review potential water quality impacts of commercial dredging, coordinate with other entities, and conduct a robust public and stakeholder input process.

Posted by Bob Rehak on 3/18/2021

1297 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.