Harris County Flood Control District, Montgomery County, City of Houston, and San Jacinto River Authority (SJRA) will host a virtual public meeting on August 13, 2020. Purpose: to provide information about work to date in the San Jacinto Regional Watershed Master Drainage Plan (SJMDP) and give you a chance to provide input.
Light pole near River Bend in North Shore as Harvey receded. Note the “wet marks” several feet up on pole. Photo by Jim Balcom.Water was so high that rescue boats had to dodge electrical wires.
About the Study and Its Goals
The study began in April 2019. Its goal: to reduce flood risks to people and property throughout the San Jacinto River regional watershed by identifying future flood mitigation projects for the near- and long-term. The SJMDP study area covers nearly 3,000 square miles in seven different counties and includes approximately 535 miles of stream.
The SJMDP team has updated and integrated hydraulic and hydrologic models for all the major streams in the watershed. This provides the technical basis for identifying vulnerabilities. It also allows the team to estimate impacts to existing infrastructure from future growth.
Meeting Details
Community engagement is an important component of the Bond Program. Feedback from residents helps “ground truth” models, assumptions and plans. So please attend the virtual meeting, ask questions, and volunteer feedback.
Or by phone at 855-925-2801 with Meeting Code: 9742
You can register now, download a reminder for your calendar, submit questions, and sign up for future updates on this important study.
The meeting will begin with a brief presentation to share project updates, followed by a moderated Q&A session with Flood Control District team members. Residents will be able to submit questions and comments throughout the presentation. Any comments not addressed during the Q&A session will receive a response after the event.
A recorded version of the meeting will be available on the Flood Control District’s website and YouTube channel after the event.
Funding for Study
A Federal Emergency Management Agency (FEMA) Hazard Mitigation Planning Program funds 75% of the study. The four local partners contribute equally to the rest.
For More Information
For questions, please contact the Flood Control District at 346-286-4152, or complete the online comment form. Comments may also be mailed to the Harris County Flood Control District, 9900 Northwest Freeway, Houston, Texas 77092, Attn: San Jacinto Regional Watershed Master Drainage Plan. For more information about the San Jacinto Regional Watershed Master Drainage Plan, visit www.sanjacstudy.org.
Posted by Bob Rehak on 8/12/2020
1079 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/03/image4-1-e1553198926707.jpeg?fit=966%2C1400&ssl=11400966adminadmin2020-08-12 08:51:022020-08-12 08:56:59San Jacinto River Watershed Master Drainage Plan Meeting Thursday at 6:30 p.m.
Since August 1, the level of Lake Conroe has hovered around 200 feet. As of this writing, it stands at 199.95 feet, virtually at the target level of the seasonal lowering for the month. That’s three hundredths of a foot above its seasonal average for the last 46 years and five hundredths of a foot below the target level. Yet the Lake Conroe Association appears to be gearing up for another fight to end the program.
Lake Conroe level as of 8/10/20 at 4:30 pm. Source: SJRA.net.
Seasonal Averages
Lake Conroe seasonal levels by month. Source: SJRA
History of Strategy
The SJRA started seasonally lowering the level of Lake Conroe in 2018 after Governor Abbott directed the SJRA to develop strategies to help protect downstream communities from flooding. Due to a slight drought in late 2019, the lake level did not recover quickly. The Lake Conroe Association (LCA) then organized protests as the SJRA reconsidered the strategy for this year.
SJRA Seasonal Release on 4/15/2020. One tainter gate open six inches releases a slow, steady stream of 529 cfs. No one flooded downstream last Spring during the release.
Ultimately, the strategy adopted by the SJRA represented a compromise. During September/October, the lake will remain a half foot higher than in previous years (200 vs 199.5).
Here’s how the current and previous targets compare to what Mother Nature provides through rainfall and evaporation.
In August, little manual lowering should be needed. In September and October, much less lowering will be needed compared to the previous plan adopted in 2018.
SJRA’s Plan for Fall Lowering
SJRA’s current official policy reads as follows.
“Beginning August 1, release only an amount of water from Lake Conroe to create a one foot capacity to catch rainfall and storm runoff (from 201’ msl to 200’ msl). After September 1, increase capacity an additional six inches (from 200’ msl to 199.5’ msl). If a named storm is predicted to impact our region, the COH may initiate an additional release of six inches (to 199’ msl) by notifying SJRA in writing of their call for release. Recapture beginning October 1.”
Compared to the seasonal average, the plan really only amounts to lowering the lake 2 to 3 inches in September and October.
Lake Conroe Association Gearing Up for Another Fight?
Regardless, the Lake Conroe Association (LCA) is reportedly gearing up for another fight.
Community Impact newspaper reported in its August 2020 issue that LCA filed a complaint with the TCEQ on June 30 to end the seasonal lowering of Lake Conroe.
On August 7, they sent an email out to requesting Lake Conroe residents to donate money to the Lake Conroe Association so that it could “replenish the reserve funds spent to oppose the San Jacinto River Authority (SJRA) lake lowering program.”
In the next paragraph, they ask Lake Conroe residents to provide comments to the Sunset Commission reviewing the SJRA.
Screen Capture of LCA Communication on 9/7/2020. Links not active.
Neither of those two actions is a threat. But juxtaposing them like that is certainly walking up to the firing line … with the chamber loaded.
There sure is a lot of energy expended over two or three inches of water.
Lake Conroe people claimed last winter, when the SJRA was reconsidering the policy, that the lowering would not help Lake Houston Area residents. Lake Houston Area residents, still feeling the pain of Harvey, want all the help they can get.
Enough said.
Posted by Bob Rehak on 8/10/2020
1077 Days after Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/08/Lake-Conroe-Level-8.10.20.jpg?fit=1200%2C642&ssl=16421200adminadmin2020-08-10 17:22:252020-08-10 18:39:35Lake Conroe Lowered to Target Level for August; LCA May Be Gearing Up For Another Fight
Defendants in the Elm Grove flood lawsuit have filed more than 20 new documents with the Harris County District Clerk since mid-July. The big news: The addition of Concourse Development, LLC to the lawsuit has pushed back the trial date from March to September next year. It has also triggered more victim-blaming plus claims and cross-claims among the defendants.
Background
In 2019, runoff from 268 clear-cut acres under development by Perry Homes contributed to flooding in Elm Grove, not once, but twice. Victims sued two subsidiaries of Perry Homes who were developing the property. They also sued several contractors, and LJA, the engineering company.
Screen capture from video taken by Cogdill family during May 7th flood of 2019 shows water streaming out of Woodridge Village into Elm Grove.
Perry Homes is the parent company of subsidiaries PSWA and Figure Four Partners, who were originally sued.
Many Elm Grove Families had to be rescued.
Concourse Development bought the property now known as Woodridge Village on 1/12/2018 and sold it to Perry Homes six days later.
Five developers owned the Woodridge Property before Figure Four Partners, LTD, a Perry Homes subsidiary.Concourse owned it for six days before flipping it to Figure Four. Source: Montgomery County Appraisal District.
The addition of Concourse to the lawsuit prompted multiple requests by Concourse and other defendants to delay the trial again – until September 20, 2021. Concourse said it didn’t have enough time for discovery and preparation. Given that the case was already almost a year old, Concourse claimed it had a lot of catching up to do. In their response to the plaintiffs’ sixth amended petition, Concourse also pointed some fingers at other defendants. One then filed a cross-claim against Concourse (see below).
Concourse Blames Victims and Almost Everyone in Sight
Concourse then lists eight pages of defenses. They repeat the phrase “Pleading further, and in the alternative, if such be necessary and subject to the foregoing pleas and without waiving same…” a grand total of twenty times. That means, “If the general denial doesn’t work, we reserve the right to claim X. And if X doesn’t work, we reserve the right to claim Y. Etc.”
More Than 20 Defenses Asserted
With that as a preface, Concourse also pleaded that:
Concourse was not the immediate or sole cause of the flooding and damages.
“Acts, omissions, fault, negligence and other conduct of the Plaintiffs” were the immediate and sole cause, in whole or in part, of the flooding and their damages. (They do not explain why they believe that, though.) Said another way, the victims caused their own damages.
Other defendants caused the damages.
New and independent third parties caused the damages.
Other people caused the damages.
Concourse had no obligation to the victims.
Concourse’s conduct was reasonably prudent.
The flooding was an unavoidable accident.
Plaintiffs failed to mitigate their damages.
Their contract (presumably with Perry) gives them indemnity.
Any payments made by other parties (not a part of the litigation) to Defendants should offset any liability Concourse may have. (Presumably, they’re talking about insurance companies.)
Any award against Concourse must be reduced by the percentage of fault attributable to others, including the Plaintiffs themselves, and third parties.
Flooding was caused by an intervening, but unspecified cause.
Plaintiffs’ claims fail to state a claim upon which relief can be granted.
To the extent that Plaintiffs allege lost wages or loss of earning capacity, recovery should be limited to post-tax earnings or net earnings.
Plaintiffs’ damages resulted from prior or pre-existing conditions over which Concourse had no control and did not cause.
God caused the damages.
Any punitive damages awarded in the case should be reduced in proportion to Plaintiffs’ own negligence.
Plaintiffs’ claims should be barred because Concourse acted with due care and complied with all laws and regulations.
Plaintiffs’ assumed the risk that resulted in their “alleged” damages.
Punitive damages violate the Due Process and Equal Protection provisions of the Fourteenth Amendment of the US. Constitution and the Double Jeopardy Clause of the Fifth Amendment.
Punitive damages violate Chapter 41 of the Texas Civil Practice and Remedies Code, the Texas Constitution, and the United States Constitution.
Prejudgment interest should be limited under Texas Law.
Plaintiffs have not fulfilled all the conditions necessary to maintain the lawsuit.
The One Satisfaction Rule should govern any awards.
The last point means that a plaintiff should only recover once for a particular injury. It applies when several defendants commit the same act or when multiple defendants commit different acts that result in one injury.
Defendants Now Fighting Among Themselves
If many of those points sound contradictory, they are. But Concourse has covered all its bases.
In #3 above, Concourse pointed the finger of blame at other defendants in the case. Evidently, Double Oak Construction, Inc., one of the other defendants didn’t like that. So…
On 8/6/2020, Double Oak filed a cross-claim against Concourse. Double Oak alleges that Concourse should be held directly liable to plaintiffs for any and ALL damages they suffered. Double Oak also wants a jury to decide Concourse’s percentage of liability.
Why is that? Double Oak alleges that “…the Developer Defendants hired Concourse on May 8, 2019, the day after the extreme weather event on May 7, 2019, to inspect the Development and that Concourse did not advise the Developer Defendants to make any changes to the detention.” Nor, they claim, did Concourse advise Double Oak or the other Contractor Defendants to make any changes to their work after the inspection.
Therefore, Double Oak further alleges, Concourse is liable to Plaintiffs for damages and any award levied against Double Oak.
Double Oak Objects to Concourse Production of Documents
In its response to the Plaintiffs, Concourse also gave “notice to all parties that any and all documents produced during discovery may be used against such parties at any pre-trial proceeding and/or trial … without the necessity of authenticating the document.”
Double Oak objected to this. Double Oak claims it doesn’t know what specific documents Concourse intends to use, therefore Double Oak is handicapped in its defense.
Trying to anticipate every single document produced by any party would cause an undue hardship, claims Double Oak. Double Oak reserved its right to authenticate any and all documents that Concourse produces as part of discovery.
The Woodridge MUD claims that the Plaintiffs’ subpeona is “overly broad and seeks to inquire into matters subject to the attorney-client privilege.” They also claim that some of the requested documents involve matters discussed during executive sessions of the Woodridge MUD board.
The MUD also refuses to produce documents anywhere other than at the offices of its counsel.
Posted by Bob Rehak on 8/10/2020
1077 Days after 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/2020/08/Rescue-Truck.jpg?fit=1500%2C729&ssl=17291500adminadmin2020-08-09 18:51:242020-08-09 23:29:49More Delays, Denials, and Victim-Blaming in Elm Grove Lawsuit
San Jacinto River Watershed Master Drainage Plan Meeting Thursday at 6:30 p.m.
Harris County Flood Control District, Montgomery County, City of Houston, and San Jacinto River Authority (SJRA) will host a virtual public meeting on August 13, 2020. Purpose: to provide information about work to date in the San Jacinto Regional Watershed Master Drainage Plan (SJMDP) and give you a chance to provide input.
About the Study and Its Goals
The study began in April 2019. Its goal: to reduce flood risks to people and property throughout the San Jacinto River regional watershed by identifying future flood mitigation projects for the near- and long-term. The SJMDP study area covers nearly 3,000 square miles in seven different counties and includes approximately 535 miles of stream.
The SJMDP team has updated and integrated hydraulic and hydrologic models for all the major streams in the watershed. This provides the technical basis for identifying vulnerabilities. It also allows the team to estimate impacts to existing infrastructure from future growth.
Meeting Details
Community engagement is an important component of the Bond Program. Feedback from residents helps “ground truth” models, assumptions and plans. So please attend the virtual meeting, ask questions, and volunteer feedback.
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
You can register now, download a reminder for your calendar, submit questions, and sign up for future updates on this important study.
The meeting will begin with a brief presentation to share project updates, followed by a moderated Q&A session with Flood Control District team members. Residents will be able to submit questions and comments throughout the presentation. Any comments not addressed during the Q&A session will receive a response after the event.
A recorded version of the meeting will be available on the Flood Control District’s website and YouTube channel after the event.
Funding for Study
A Federal Emergency Management Agency (FEMA) Hazard Mitigation Planning Program funds 75% of the study. The four local partners contribute equally to the rest.
For More Information
For questions, please contact the Flood Control District at 346-286-4152, or complete the online comment form. Comments may also be mailed to the Harris County Flood Control District, 9900 Northwest Freeway, Houston, Texas 77092, Attn: San Jacinto Regional Watershed Master Drainage Plan. For more information about the San Jacinto Regional Watershed Master Drainage Plan, visit www.sanjacstudy.org.
Posted by Bob Rehak on 8/12/2020
1079 Days since Hurricane Harvey
Lake Conroe Lowered to Target Level for August; LCA May Be Gearing Up For Another Fight
Since August 1, the level of Lake Conroe has hovered around 200 feet. As of this writing, it stands at 199.95 feet, virtually at the target level of the seasonal lowering for the month. That’s three hundredths of a foot above its seasonal average for the last 46 years and five hundredths of a foot below the target level. Yet the Lake Conroe Association appears to be gearing up for another fight to end the program.
Seasonal Averages
History of Strategy
The SJRA started seasonally lowering the level of Lake Conroe in 2018 after Governor Abbott directed the SJRA to develop strategies to help protect downstream communities from flooding. Due to a slight drought in late 2019, the lake level did not recover quickly. The Lake Conroe Association (LCA) then organized protests as the SJRA reconsidered the strategy for this year.
Here’s how the current and previous targets compare to what Mother Nature provides through rainfall and evaporation.
SJRA’s Plan for Fall Lowering
SJRA’s current official policy reads as follows.
“Beginning August 1, release only an amount of water from Lake Conroe to create a one foot capacity to catch rainfall and storm runoff (from 201’ msl to 200’ msl). After September 1, increase capacity an additional six inches (from 200’ msl to 199.5’ msl). If a named storm is predicted to impact our region, the COH may initiate an additional release of six inches (to 199’ msl) by notifying SJRA in writing of their call for release. Recapture beginning October 1.”
Compared to the seasonal average, the plan really only amounts to lowering the lake 2 to 3 inches in September and October.
Lake Conroe Association Gearing Up for Another Fight?
Regardless, the Lake Conroe Association (LCA) is reportedly gearing up for another fight.
On August 7, they sent an email out to requesting Lake Conroe residents to donate money to the Lake Conroe Association so that it could “replenish the reserve funds spent to oppose the San Jacinto River Authority (SJRA) lake lowering program.”
In the next paragraph, they ask Lake Conroe residents to provide comments to the Sunset Commission reviewing the SJRA.
Neither of those two actions is a threat. But juxtaposing them like that is certainly walking up to the firing line … with the chamber loaded.
There sure is a lot of energy expended over two or three inches of water.
Lake Conroe people claimed last winter, when the SJRA was reconsidering the policy, that the lowering would not help Lake Houston Area residents. Lake Houston Area residents, still feeling the pain of Harvey, want all the help they can get.
Enough said.
Posted by Bob Rehak on 8/10/2020
1077 Days after Hurricane Harvey
More Delays, Denials, and Victim-Blaming in Elm Grove Lawsuit
Defendants in the Elm Grove flood lawsuit have filed more than 20 new documents with the Harris County District Clerk since mid-July. The big news: The addition of Concourse Development, LLC to the lawsuit has pushed back the trial date from March to September next year. It has also triggered more victim-blaming plus claims and cross-claims among the defendants.
Background
In 2019, runoff from 268 clear-cut acres under development by Perry Homes contributed to flooding in Elm Grove, not once, but twice. Victims sued two subsidiaries of Perry Homes who were developing the property. They also sued several contractors, and LJA, the engineering company.
In June 2020, lawyers for plaintiffs added Perry Homes and Concourse Development to the lawsuit.
Perry promptly responded, blaming the victims for their own damages.
Perry Homes is the parent company of subsidiaries PSWA and Figure Four Partners, who were originally sued.
Concourse Development bought the property now known as Woodridge Village on 1/12/2018 and sold it to Perry Homes six days later.
Concourse is also the developer of Woodridge Forest, immediately west of Woodridge Village. Approximately one year before the purchase and quick sale, Concourse reportedly told Woodridge Forest residents at a community meeting that the Woodridge Village property would never be developed because it was “just too wet.” USGS classified large parts of the area as wetlands and multiple streams converged there.
Where Case Stands Now
The addition of Concourse to the lawsuit prompted multiple requests by Concourse and other defendants to delay the trial again – until September 20, 2021. Concourse said it didn’t have enough time for discovery and preparation. Given that the case was already almost a year old, Concourse claimed it had a lot of catching up to do. In their response to the plaintiffs’ sixth amended petition, Concourse also pointed some fingers at other defendants. One then filed a cross-claim against Concourse (see below).
Concourse Blames Victims and Almost Everyone in Sight
Defendant Concourse Development LLC denied each and every claim in Plaintiff’s latest petition. This is called a General Denial.
Concourse then lists eight pages of defenses. They repeat the phrase “Pleading further, and in the alternative, if such be necessary and subject to the foregoing pleas and without waiving same…” a grand total of twenty times. That means, “If the general denial doesn’t work, we reserve the right to claim X. And if X doesn’t work, we reserve the right to claim Y. Etc.”
More Than 20 Defenses Asserted
With that as a preface, Concourse also pleaded that:
The last point means that a plaintiff should only recover once for a particular injury. It applies when several defendants commit the same act or when multiple defendants commit different acts that result in one injury.
Defendants Now Fighting Among Themselves
If many of those points sound contradictory, they are. But Concourse has covered all its bases.
In #3 above, Concourse pointed the finger of blame at other defendants in the case. Evidently, Double Oak Construction, Inc., one of the other defendants didn’t like that. So…
On 8/6/2020, Double Oak filed a cross-claim against Concourse. Double Oak alleges that Concourse should be held directly liable to plaintiffs for any and ALL damages they suffered. Double Oak also wants a jury to decide Concourse’s percentage of liability.
Why is that? Double Oak alleges that “…the Developer Defendants hired Concourse on May 8, 2019, the day after the extreme weather event on May 7, 2019, to inspect the Development and that Concourse did not advise the Developer Defendants to make any changes to the detention.” Nor, they claim, did Concourse advise Double Oak or the other Contractor Defendants to make any changes to their work after the inspection.
Therefore, Double Oak further alleges, Concourse is liable to Plaintiffs for damages and any award levied against Double Oak.
Double Oak Objects to Concourse Production of Documents
In its response to the Plaintiffs, Concourse also gave “notice to all parties that any and all documents produced during discovery may be used against such parties at any pre-trial proceeding and/or trial … without the necessity of authenticating the document.”
Double Oak objected to this. Double Oak claims it doesn’t know what specific documents Concourse intends to use, therefore Double Oak is handicapped in its defense.
Trying to anticipate every single document produced by any party would cause an undue hardship, claims Double Oak. Double Oak reserved its right to authenticate any and all documents that Concourse produces as part of discovery.
Woodridge MUD Fights Subpoena for Documents
In other news on the case, the Woodridge Municipal Utility District (MUD) is fighting production of documents that have been subpoenaed.
The Woodridge MUD claims that the Plaintiffs’ subpeona is “overly broad and seeks to inquire into matters subject to the attorney-client privilege.” They also claim that some of the requested documents involve matters discussed during executive sessions of the Woodridge MUD board.
The MUD also refuses to produce documents anywhere other than at the offices of its counsel.
Posted by Bob Rehak on 8/10/2020
1077 Days after 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.