On page 18 of the executive summary, there’s an overview of the recommendation. It requests that “… the State consider legislation clarifying the liability exposure of reservoir operators for passing storm flows through water supply reservoirs.”
Sounds innocent enough. However, the explanation for the recommendation on page 1,411 of the appendices is a little more ominous. I reprinted it verbatim below, but italicized some phrases for the discussion that follows.
Explanation for Recommendation
The explanation says, “Flood control reservoirs are generally drawn down at the beginning of the annual wet season so that when large rain events occur, the runoff may be captured and later released more slowly into the receiving stream. These reservoirs therefore reduce downstream flood levels and prevent inundation in low areas. In contrast, water supply reservoirs are operated to capture and retain as much stream flow as allowable under their permits in order to have supply available during periods of high demand.”
“This practice results in less available storage volume to capture runoff during major storms. When a major storm event occurs upstream or above a water supply reservoir, the reservoir operator must sometimes release flood flows during and after the event to prevent flooding upstream of the reservoir or to prevent damage to the dam and other facilities associated with the reservoir.
“Although this flood flow can contribute to downstream flooding, most reservoirs actually reduce the amount of flooding which could have occurred had the reservoir not been constructed.
“In recent years, plaintiffs with property in the downstream floodplains have brought multiple lawsuits against major water supply reservoir operators. Some recent court decisions have held the operators liable for damages to the downstream properties.
“If this trend is allowed to continue, it will increase insurance rates for these entities and will force operational changes to occur that may result in less available water supply for periods of need. The net effect to water users will be an increase in the cost of surface water throughout the state.”
During Harvey, the SJRA released more than 79,000 cubic feet per second from Lake Conroe.
Sounds Like SJRA
The SJRA has hammered these themes since Harvey.
The text of the explanation sounds as though it is paving the way for a declaration of legislative immunity for Water Authority actions during floods.
Concerns About Recommendation and Explanation
On the surface and in the abstract, the individual claims in the explanation sound reasonable. However, on deeper inspection, they contain logical fallacies, generalizations, false choices, contradictions and questionable assumptions.
The explanation draws a distinction between flood control and water supply reservoirs – as if we have a choice. This area is too flat to allow the construction of classical flood-control reservoirs, such as those described in the text. So our reservoirs must do double duty.
Their rationale only allows the possibility of releasing water during and after the event. It makes no mention of before.
“…most reservoirs actually reduce the amount of flooding…” Hmmm. Is this admitting that they do have a dual purpose? Flood prevention was one of the objectives in the SJRA’s enabling legislation.
“Some recent court decisions have held the operators liable for damages to the downstream properties.” Aren’t courts the proper venues for such decisions? How can the legislature possibly foresee the actions of every operator in response to every storm?
“If this trend continues…” What trend? Aren’t we talking about one event? Sounds like a plea for “legislative immunity” even if the recommendation itself doesn’t use those words.
“…force operational changes to occur that may result in less available water supply for periods of need.” True, but with proper controls in place, might they not also strike a balance between water supply and flood reduction?
“…increase the cost of surface water throughout the state.” If a court finds the actions of one operator deficient, how does that affect the insurance of every other operator in the state?
Real Question
No doubt, low lying properties were doomed to flooding during Harvey by the nature of the storm itself.
But did the SJRA have to open Lake Conroe’s gates when they did, as wide as they did, for as long as they did? Could an earlier, smaller, shorter release have avoided some of the flood damage?
I, for one, would feel much more comfortable having a judge answer questions like that after the fact rather than the having the legislature limit liability beforehand in a blanket fashion. Limiting liability also limits accountability.
Such recommendations buried in a statewide water plan on page 1,411 of an appendix show why the public REALLY DOES need to review this plan and give input.
Once approved in October, all recommendations will carry the weight of a state agency. The legislature rarely acts against such recommendations, especially when heavily lobbied behind the scenes. If you have the same concerns I do, the time to speak up is now.
How to Register Concerns about Water Plan
Here’s how to make your voice heard on this or any other issue in the Water Plan. You need to go through the SJRA.
The Region H Water Planning Group (RHWPG) will accept written comments until 5:00 p.m. June 28, 2020. Written comments should be provided to: Hon. Mark Evans, Chair, RHWPG c/o San Jacinto River Authority P.O. Box 329, Conroe, Texas 77305-0329
Written comments about the water plan without attachments also may be emailed to info@regionhwater.org. Comments will be documented in the summary of public comments in the 2021 Region H Water Plan.
Questions or requests for additional information may be submitted to: Jace Houston, General Manager, San Jacinto River Authority, P.O. Box 329, Conroe, TX 77305-0329, telephone 936-588-3111. The San Jacinto River Authority is the Administrator for the RHWPG.
Posted by Bob Rehak on 6/10/2020
1016 Days after Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2018/07/HumbleFloodFromHCFCD-e1761946748900.jpg?fit=1100%2C821&ssl=18211100adminadmin2020-06-09 21:15:482020-06-09 21:17:35Region H Water Plan May Ask Legislature To Clarify Potential Flood Liability of Dam Operators
TWDB is the state agency responsible for water supply and flood planning, financing, and research. The agency helps ensure Texans plan and prepare for the perpetual threat of water scarcity and water surplus in Texas.
Water Newsroom Emphasizes Newsworthy Issues
The new website emphasizes news and timely topics. It bridges the gap between water professionals and consumers. It is a filtered, scaled-down, simplified version of the Board’s existing website, which can best be described as voluminous.
The Texas Water Newsroom was created to tell the stories of Texas water—the people, places, issues, and efforts. It contains videos, articles, press releases, and more. TWDB updates the stories regularly. All content is available for public use and reproduction for informational purposes. However, TWDB discourages promotional use.
The story on regional water plans in the Water Newsroom caught my eye. It talked about how sixteen regional water planning groups are putting the finishing touches on their plans to ensure their areas have enough water to survive a drought. It contained a link to the current drafts of the plans by region. Houston is in Region H.
I won’t pretend that I’ve read the whole thing. But I did skim it. And I found buried nuggets of information that revealed political/legal/private agendas in play.
That in itself is inevitable. But some are shocking. One in particular caught my eye: “Flood Liability of Water Supply Reservoirs.” It contains a legislative recommendation that has the potential to take away some of your rights.
More on that in a separate post. Suffice it for now to say that the TWDB really does need public input on these recommendations. And I probably would not have found that recommendation had it not been for the new website. Check it out. Bookmark it. And visit often.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/06/Screen-Shot-2020-06-09-at-1.59.00-PM.png?fit=960%2C206&ssl=1206960adminadmin2020-06-09 15:43:352020-06-09 15:43:47Texas Water Development Board Launches New Web Site
Every once in a while, thoughts collide in a way that makes you see the world more clearly. Such a collision happened today. I suddenly realized that Texas, the state that leads the nation in billion-dollar, weather-and-climate related disasters, also has many developers plus city and county officials pushing back against higher minimum drainage standards that would reduce flooding. At a time when those disasters are increasing in frequency!
How Proposed Drainage Standards Will Affect Developers
I replied, “The proposed changes would force developers in the future to install detention ponds and storm drains large enough to help reduce flooding. It would also prohibit them from reducing the floodwater storage capacity of the 500 year floodplain. Finally, it would force them to raise the level of homes above the 500-year floodplain or flood-proof them.”
Then I added, “From a flood prevention point of view, these are all good things. But from a developer’s point of view, they add expense. If you buy a home in an area that complies with these standards, it will probably mean a higher-priced, but much safer home. I hear that developers and some civic officials are already pushing back against these proposed changes.”
Natural Disaster Costs, Frequencies
After sending the reply, I went to the NOAA site to find information about natural disasters, their costs, their frequency and their primary locations.
The last decade had twice as many billion-dollar weather disasters as the previous decade and four times more than the decade of the 1980s. The last five years had 69% of all such disasters in the entire 40 year period.
Tropical Cyclones and flooding comprised 29.5% all these billion-dollar disasters.
Reason for Increasing Costs, Even After Adjusting for Inflation
In explaining these rising costs, NOAA says, “These trends are … complicated by the fact that much of the growth has taken place in vulnerable areas like coasts and river floodplains. Vulnerability is especially high where building codes are insufficient for reducing damage from extreme events.”
Texas Leads Nation
And who leads the nation in billion-dollar, weather-and-climate-related disasters? Texas.
Connecting Some Tragic Dots
So there you have it.
The state with the most billion-dollar disasters has many developers and civic leaders pushing back against higher minimum drainage standards at a time when major weather disasters are increasing.
New Northpark Woods development in Montgomery County next to San Jacinto West Forkand its sand pits.
Posted by Bob Rehak on 6/8/2020
1014 Days after Hurricane Harvey and 263 after Imelda
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/06/map_events_per_state_cumulative.png?fit=974%2C650&ssl=1650974adminadmin2020-06-08 16:19:232020-06-08 16:48:46Why Does the State that Leads the Nation in Billion-Dollar Weather Disasters Resist Minimum Drainage Standards?
Region H Water Plan May Ask Legislature To Clarify Potential Flood Liability of Dam Operators
The current draft of the Region H Statewide Water Plan contains a recommendation that many of those who flooded during Harvey may take issue with.
On page 18 of the executive summary, there’s an overview of the recommendation. It requests that “… the State consider legislation clarifying the liability exposure of reservoir operators for passing storm flows through water supply reservoirs.”
Sounds innocent enough. However, the explanation for the recommendation on page 1,411 of the appendices is a little more ominous. I reprinted it verbatim below, but italicized some phrases for the discussion that follows.
Explanation for Recommendation
The explanation says, “Flood control reservoirs are generally drawn down at the beginning of the annual wet season so that when large rain events occur, the runoff may be captured and later released more slowly into the receiving stream. These reservoirs therefore reduce downstream flood levels and prevent inundation in low areas. In contrast, water supply reservoirs are operated to capture and retain as much stream flow as allowable under their permits in order to have supply available during periods of high demand.”
“This practice results in less available storage volume to capture runoff during major storms. When a major storm event occurs upstream or above a water supply reservoir, the reservoir operator must sometimes release flood flows during and after the event to prevent flooding upstream of the reservoir or to prevent damage to the dam and other facilities associated with the reservoir.
“Although this flood flow can contribute to downstream flooding, most reservoirs actually reduce the amount of flooding which could have occurred had the reservoir not been constructed.
“In recent years, plaintiffs with property in the downstream floodplains have brought multiple lawsuits against major water supply reservoir operators. Some recent court decisions have held the operators liable for damages to the downstream properties.
Sounds Like SJRA
The SJRA has hammered these themes since Harvey.
Concerns About Recommendation and Explanation
On the surface and in the abstract, the individual claims in the explanation sound reasonable. However, on deeper inspection, they contain logical fallacies, generalizations, false choices, contradictions and questionable assumptions.
Real Question
No doubt, low lying properties were doomed to flooding during Harvey by the nature of the storm itself.
I, for one, would feel much more comfortable having a judge answer questions like that after the fact rather than the having the legislature limit liability beforehand in a blanket fashion. Limiting liability also limits accountability.
Once approved in October, all recommendations will carry the weight of a state agency. The legislature rarely acts against such recommendations, especially when heavily lobbied behind the scenes. If you have the same concerns I do, the time to speak up is now.
How to Register Concerns about Water Plan
Here’s how to make your voice heard on this or any other issue in the Water Plan. You need to go through the SJRA.
The Region H Water Planning Group (RHWPG) will accept written comments until 5:00 p.m. June 28, 2020. Written comments should be provided to: Hon. Mark Evans, Chair, RHWPG c/o San Jacinto River Authority P.O. Box 329, Conroe, Texas 77305-0329
Written comments about the water plan without attachments also may be emailed to info@regionhwater.org. Comments will be documented in the summary of public comments in the 2021 Region H Water Plan.
Questions or requests for additional information may be submitted to: Jace Houston, General Manager, San Jacinto River Authority, P.O. Box 329, Conroe, TX 77305-0329, telephone 936-588-3111. The San Jacinto River Authority is the Administrator for the RHWPG.
Posted by Bob Rehak on 6/10/2020
1016 Days after Hurricane Harvey
Texas Water Development Board Launches New Web Site
The Texas Water Development Board (TWDB) has launched a new website called the Texas Water Newsroom.
Water Supply and Flood Planning
TWDB is the state agency responsible for water supply and flood planning, financing, and research. The agency helps ensure Texans plan and prepare for the perpetual threat of water scarcity and water surplus in Texas.
Water Newsroom Emphasizes Newsworthy Issues
The new website emphasizes news and timely topics. It bridges the gap between water professionals and consumers. It is a filtered, scaled-down, simplified version of the Board’s existing website, which can best be described as voluminous.
The Texas Water Newsroom was created to tell the stories of Texas water—the people, places, issues, and efforts. It contains videos, articles, press releases, and more. TWDB updates the stories regularly. All content is available for public use and reproduction for informational purposes. However, TWDB discourages promotional use.
Currently featured articles include:
A Layer Cake of Information
The story on regional water plans in the Water Newsroom caught my eye. It talked about how sixteen regional water planning groups are putting the finishing touches on their plans to ensure their areas have enough water to survive a drought. It contained a link to the current drafts of the plans by region. Houston is in Region H.
The Region H plan consists of two parts: the 326 page plan and 1576 pages of appendices.
I won’t pretend that I’ve read the whole thing. But I did skim it. And I found buried nuggets of information that revealed political/legal/private agendas in play.
That in itself is inevitable. But some are shocking. One in particular caught my eye: “Flood Liability of Water Supply Reservoirs.” It contains a legislative recommendation that has the potential to take away some of your rights.
More on that in a separate post. Suffice it for now to say that the TWDB really does need public input on these recommendations. And I probably would not have found that recommendation had it not been for the new website. Check it out. Bookmark it. And visit often.
For future reference, I’ve posted it on the LINKS page of this web site.
Posted by Bob Rehak on 6/9/2020
1015 Days after Hurricane Harvey
Why Does the State that Leads the Nation in Billion-Dollar Weather Disasters Resist Minimum Drainage Standards?
Every once in a while, thoughts collide in a way that makes you see the world more clearly. Such a collision happened today. I suddenly realized that Texas, the state that leads the nation in billion-dollar, weather-and-climate related disasters, also has many developers plus city and county officials pushing back against higher minimum drainage standards that would reduce flooding. At a time when those disasters are increasing in frequency!
How Proposed Drainage Standards Will Affect Developers
My last post talked about “Minimum Drainage Standard Recommendations for Communities In or Draining Into Harris County.” A reader asked how the proposed changes would affect developers.
I replied, “The proposed changes would force developers in the future to install detention ponds and storm drains large enough to help reduce flooding. It would also prohibit them from reducing the floodwater storage capacity of the 500 year floodplain. Finally, it would force them to raise the level of homes above the 500-year floodplain or flood-proof them.”
Then I added, “From a flood prevention point of view, these are all good things. But from a developer’s point of view, they add expense. If you buy a home in an area that complies with these standards, it will probably mean a higher-priced, but much safer home. I hear that developers and some civic officials are already pushing back against these proposed changes.”
Natural Disaster Costs, Frequencies
After sending the reply, I went to the NOAA site to find information about natural disasters, their costs, their frequency and their primary locations.
I found this fascinating story about the increasing frequency of billion-dollar weather disasters. I pulled the three charts below from it.
Tropical Cyclones and flooding comprised 29.5% all these billion-dollar disasters.
Reason for Increasing Costs, Even After Adjusting for Inflation
Texas Leads Nation
And who leads the nation in billion-dollar, weather-and-climate-related disasters? Texas.
Connecting Some Tragic Dots
So there you have it.
Food for thought as this debate begins. Kind of makes you wonder about the wisdom of permitting starter homes in flood plains next to raging rivers, building 2200 acre developments without any detention ponds, and encouraging developers to get their water to rivers faster in floods.
Posted by Bob Rehak on 6/8/2020
1014 Days after Hurricane Harvey and 263 after Imelda