Lake Conroe Association Complains to TCEQ about Seasonal Lake Lowering

In June, the Lake Conroe Association (LCA) filed a 102-page complaint to the Texas Commission on Environmental Quality (TCEQ) through Austin attorneys about the San Jacinto River Authority’s (SJRA) policy of seasonally lowering Lake Conroe. The SJRA’s purpose for the lowering: to lower flood risk for downstream residents.

To download the complete complaint by Birch, Becker & Moorman LLP, click here. Warning: 20-meg file size.

Complaint Based on Three Arguments

The attorneys make three arguments.

  • State law prohibits the wasting of water.
  • The policy will not prevent downstream flooding.
  • Also, the policy threatens the area’s water supply.

“In summary,” says the complaint, “SJRA and Houston are only authorized to divert or release and use water from Lake Conroe for municipal, industrial, mining, and agricultural purposes. Any other use of surface water from Lake Conroe is not authorized by the Amended Certificate, and thus, is a violation of the Amended Certificate and state law.”

The complaint fails to mention flood control in that last list (prominently mentioned in the SJRA’s enabling legislation). To follow the LCA’s arguments to their logical extreme, SJRA would not have been allowed to release water during Harvey. Every home on Lake Conroe would have flooded.

TCEQ Response to Complaints

On July 29, the TCEQ replied to the complaint. Toby Baker, TCEQ’s Executive Director, says that:

  • “TCEQ does not have jurisdiction over future water supply strategies or State and Regional Water Planning.”
  • “Both SJRA and the City have adopted Water Conservation Plans that comply with TCEQ’s Chapter 288 rules.”
  • “Therefore, these diversions, which are in compliance with the terms of the Certificate and the Conservation Plan, are not a waste of water under the law.”
  • The City and SJRA are within their rights.

LCA Lodges Supplemental Complaint

Just the day before, on July 28, 2020, the same law firm filed a 4-page supplemental complaint to halt the fall lowering. The second complaint and the TCEQ’s response to the first complaint may have crossed in the mail.

The law firm acknowledged in its supplemental complaint that the lowering would only amount to 2.75 inches. However, the firm also claimed the water would be needed in a drought. Then it showed a Texas Water Development Board Drought Map as evidence. But map showed that no drought near the San Jacinto watershed.

TCEQ Finds City and SJRA in Compliance

Mr. Baker of the TCEQ replied to the supplemental complaint on August 6. He concluded, “After review, the TCEQ determined that the San Jacinto River Authority and the City of Houston are in compliance with the terms and conditions of Certificate of Adjudication 10-4963.”

In the End, Mother Nature, Not SJRA, Lowers Lake This Year

After all of that, evaporation alone took Lake Conroe down to the SJRA’s seasonal lowering target of 200 feet. It took Mother Nature an extra week to get there, but…

SJRA RELEASED NO WATER from Lake Conroe to achieve its August target level.

SJRA still has not released any water since the early spring.

Lake Conroe dashboard as of 4pm Saturday, August 15, 2020. Source: SJRA.net.

LCA Pleads for More Money to Keep Fighting

Now the Lake Conroe Association is pleading with residents for donations to replenish its war chest. It will be interesting to see what they plan next.

Posted by Bob Rehak on August 15, 2020

1082 Days since Hurricane Harvey

Developer Seeks City Approval to Expand Commons of Lake Houston into Floodplain – Without Detention Ponds

Clarification: General plans, as described below, are primarily about street layouts. However, many people have been trying to raise awareness at the Planning Commission that street patterns are affected to a significant degree by the volume and and layout of drainage and detention features. And, of course with Atlas 14 that is more true than ever. Danny Signorelli, CEO of the Signorelli Companies, took issue with this post. I offered him an opportunity to print a rebuttal verbatim. He refused the offer.

Signorelli Companies have filed a general plan with City of Houston Planning Commission for a new development on the San Jacinto East Fork. It’s called “Crossing at the Commons of Lake Houston.”

Second Time Around for Developer

According to residents in other parts of the Commons, Signorelli tried to develop this property before and reportedly wanted to add 4-6 feet of fill to the floodplain. It’s not yet clear what they have in mind for this iteration of the project. However, comparing the general plan to FEMA’s National Flood Hazard Layer Viewer shows that parts of the development are still in the flood plain. (See below.)

No Detention Ponds Shown on Plans

The general plan filed with the planning commission also shows that the developer shows no plans for detention ponds on the property. A best practice to reduce flooding is to “retain your rain.”

General plan filed with the City of Houston Planning Commission shows no detention ponds. For a large, high res PDF, click here.

Location

Here are satellite and close-up views of where the new subdivision would be relative to the the surrounding area and existing parts of the development.

Crossing At the Commons of Lake Houston is in the Huffman area opposite Lake Houston Park and East End Park on the west side of the East Fork.
Crossing at the Commons of Lake Houston relative to existing streets in the Commons. From General Plan inset.

Floodplain Issues

Parts of the proposed development will be in the floodplain. And those floodplains will soon expand to include even more homes. See the two dotted lines below.

Close up of PDF above shows how 100-year floodplain (dotted line on left) and 500-year (dotted line on right) would impact proposed homesites. Note the drainage easement in the lower left.
FEMA’s National Flood Hazard Layer Viewer shows parts of the proposed new 75.3-acre subdivision would be in the 100- and 500-year floodplain.

Ironically, just last night, the City of Houston and its partners (Harris County Flood Control, Montgomery County and the SJRA) presented a draft of the findings of the San Jacinto River Master Drainage Plan. In it, they recommended avoiding flood plain development to keep people out of harm’s way. See slide below from their presentation.

Slide from San Jacinto River Master Drainage Plan Draft Report shows how adding fill to flood plains can affect other homes in area.

The presenter also discussed how the floodplains were expanding due to revisions of flood maps based on new hydraulic and hydrologic modeling not yet been shared with FEMA.

The 100-year floodplain in many areas will likely expand well into the 500. And the 500-year flood plain will likely expand into areas previously not shown in ANY floodplain.

San Jacinto River Master Drainage Plan Draft Report 8/13/2020

Thus, the number of homes affected by floods could greatly expand beyond the number shown above.

Drainage in Commons Already a Problem

Plans also show that homes will be built very close to a drainage easement. Yet existing ditches in the Commons are eroding badly due to lack of maintenance. Below is a picture of one taken in January last year. Residents say the trees are still there and the erosion became much worse during floods in May and Imelda.

Commons drainage ditch photographed last year.

Less Than One Fourth of Property Now Under Consideration

The tract is 332 acres, but only 75.3 is proposed for development at this time.  It is entirely located within the incorporated limits of the City of Houston. The entire tract is adjacent to COH flooding easements for Lake Houston. 

How to Voice Concerns, If You Have Them

Here’s how you can voice concerns, if you have them. The City Planning Commission will hold virtual meetings until further notice. So it’s very easy to make public comments. You can sign up to speak by going to the Planning Commission Home Page.

The next Planning Commission meeting is Thursday, August 20, 2020. If you’d like to speak, you must sign up at least 24 hours before the meeting.

Use the online speaker form at https://www.tfaforms.com/4816241 or submit comments on an item via email to speakercomments.pc@houstontx.gov.

Speakers have only TWO MINUTES. Key points to consider:

  • Floodplain will officially be expanding soon.
  • Some of these homes are already in it.
  • Many more soon will be.
  • That could require fill.
  • And fill will make flooding worse for other homes near the river on both sides.
  • No detention ponds or drainage plans are shown.
  • The Planning Commission should consider these things.

Posted by Bob Rehak on 8/14/2020

1081 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.

San Jacinto River Watershed Virtual Meeting Tonight Will Unveil Specific Recommendations to Reduce Flooding

I can’t urge you enough to watch the San Jacinto Watershed Master Drainage Plan Meeting tonight at 6:30.

Flooded Street by Julie Yandell. During Harvey.
Flooded Street during Harvey. Photo by Julie Yandell.

Updating of River Models Leads to New Insights

I previewed the presentation this morning and was extremely impressed. The study partners have updated or created hydraulic and hydrologic models for 535 miles of major streams in the river basin. They’ve also integrated the models and accounted for new developments across 3000 square miles in seven counties.

As a result, we now have a much better understanding of:

  • Where water comes from
  • Which areas have the highest potential for flooding
  • Where large regional detention basins can be placed to reduce flooding.
  • Other strategies to reduce flooding.

New Flood Maps, Sedimentation, Better Warning Systems

You don’t want to hear about this stuff second hand. The presentation also includes discussions of:

  • How much flood plains have really expanded compared to current FEMA maps.
  • Sedimentation and strategies to reduce it
  • Improving flood warning systems

If you’re flooded, or are concerned that you might, don’t miss this. This study will be the cornerstone of grants applications to mitigate flooding in the region.

Cornerstone of Lake Houston Area Mitigation Efforts

Two years ago, before the flood bond vote, community opinion coalesced around a three-part solution to flooding in the Lake Houston Area.

  • Reduce/delay the input by increasing upstream detention
  • Increase the throughput by dredging blockages
  • Speed up the output with additional gates on the Lake Houston Dam.

Tonight, you will get a chance ask questions of the people who have been studying those options and others for 18 months. Here’s how to log in:

Thursday, August 13, 2020

6:30 p.m. to 7:30 p.m. 

Join online at PublicInput.com/SanJacMasterPlan

Or by phone at 855-925-2801 with Meeting Code: 9742 

Order the pizza now.

This study is a cooperative venture of FEMA, Harris County Flood Control, SJRA, City of Houston and Montgomery County.

Posted by Bob Rehak on August 13, 2020

1080 Days after Hurricane Harvey