Everyone from County Commissioners to people on the street are picking up sides.
MoCo Commissioners Oppose Lowering in Split Vote
In a 3-2 vote this morning, Montgomery County Commissioners approved a resolution to OPPOSE the seasonal lowering of Lake Conroe. Judge Keough, Commissioner Meador and Commissioner Noack voted FOR the resolution. Commissioners Riley and Metts voted against.
Despite the news from Montgomery County, other local leaders released letters SUPPORTING the continuation of the policy.
Houston At-Large Council Member Sallie Alcorn Supports Lowering
Sallie Alcorn, Houston City Council Member At-Large, Position 5, sent the SJRA a letter supporting the continuation of the lake lowering policy. Ms. Alcorn, a new member of City Council, used to work with Chief Recovery Officer Stephen Costello and saw first hand how the lake lowering strategy helped prevent flooding in May of last year. See the full text of her letter below.
Sallie Alcorn Letter supporting lake lowering.
Woodlands Leader Robert Leilich Supports Lowering
Robert Leilich, president of Municipal Utility District #1 in the Woodlands, wrote a poignant letter to the SJRA board expressing his own personal experience and opinions.
January 14, 2020
Dear SJRA Board Members,
I witnessed first-hand the devastation wreaked by the necessity to open Lake Conroe’s Tainter Gates during Hurricane Harvey. I worked in a home of a disabled veteran in River Plantation that had recently recovered from the Memorial Day Flood. Water in this home went from a few inches up to ten feet in a matter of a few hours after the gates were opened. I spent many hours pulling down wallboard from the ceiling and walls after it ruined everything. Over 400 homes were flooded in River Plantation, alone, most of which would not have flooded if it were possible to not open the gates.
Taking steps to utilize the capability of Lake Conroe to contain more floodwaters beyond its current limited capabilities is a positive step to mitigate or prevent future flooding by waters flowing from Lake Conroe. This common-sense flood prevention capability must take precedence over minor inconveniences to a few homeowners and businesses, who greatly exaggerate claims of harm and loss. After all, the primary purpose to building the lake in the first place was never to serve those interests. SJRA has no obligation to give priority to these interests over the welfare of residents downstream of the dam.
In 1917, an amendment to the Texas constitution, referred to as the “Conservation Amendment,” authorized the Legislature “to create governmental entities with the authority to develop large-scale, regional projects, such as dams, reservoirs, and delivery systems, for the purpose of conserving and developing the state’s water resources, including the control, storing, preservation, and distribution of its storm and flood waters, the water of its rivers and streams, for irrigation, power, and all other useful purposes…” (from SJRA ‘s 75th Anniversary brochure, page 5).
In 1937, the San Jacinto River Conservation and Reclamation District (now SJRA) was formed “to develop, conserve, and protect the water resources of the San Jacinto River basin.” Enabling legislation also gave the Authority rights “to impound flood waters.” It is entirely appropriate and prudent that the SJRA exercise this authority.
The present policy to temporarily drop lake levels one-foot in the spring and two-feet in August and September is a fair compromise between flood prevention and recreation.
Since Governor Abbott directed the SJRA on March 15, 2018, to implement immediate and long-term solutions to protect lives and property of Texans living in the watershed, the SJRA Board has taken positive action. It is my hope that the Board will continue to follow the Governor’s directives when the board once again considers the temporary and seasonal lowering of Lake Conroe, continuing the present policy until (and if) more permanent flood control measures are implemented.
The ability of Lake Conroe to mitigate potential flooding was demonstrated during the May 10, 2019, rain event. (SJRA data from the May 2019 floods show that had no releases occurred prior to the event, Lake Conroe would have been forced to release at a higher CFS during the event.) Lowering Lake Conroe protected numerous lives, homes and businesses.
Access to lake recreation should never be at the expense of endangering lives downstream, especially considering the Charter of the SJRA states that its express purpose was for responsible water management. Further, if the Board chooses to not continue lowering Lake Conroe, it would be out of compliance with Governor Abbott’s mandate.
The San Jacinto River Authority has a legal and moral responsibility to many more people than just those who live and work around Lake Conroe. It is my hope and expectation that the SJRA Board will continue the present policy that is proving to protect lives and property against those who have a sense of entitlement that supersedes public interests.
I respectfully request that you vote in favor of the temporary, seasonal lowering of Lake Conroe on February 20, 2020.
Very truly yours, (Signed) Robert H. Leilich President, MUD #1
Lake Houston Area Grassroots Flood Prevention Initiative Supports Lowering
The Lake Houston Area Grassroots Flood Prevention Initiative supports the Lake Houston Chamber to mobilize people throughout the region. The Grassroots organization sent the following note to its members on Monday afternoon.
Dear ______________:
On Tuesday, Jan 7th, the Lake Houston Area Chamber of Commerce sent an email highlighting the various ways you can support the SJRA’s temporary seasonal Lake Lowering program for 2020.
We encourage everyone to be involved in any way you can. So, if you are not able to attend the SJRA Public Board meeting on Tuesday January 21st meeting at 6:00 pm at the Lone Star Convention and Expo Center, we encourage you to send an email to the SJRA board members sharing your support of this temporary lake lowering program. The Lake Houston Area Chamber of Commerce has created a very easy way to send an email via the RecoverLakeHouston.com website. It only takes a few seconds to complete their form. We highly recommend using this method to send an email.
In the Lake Houston Long Term Recovery Task Force Meeting this morning, the Lake Houston Area Chamber reported as of this morning, 689 emails had been sent via RecoverLakeHouston.com. While that is a good start, we are confident that with your help we can exceed 2000 emails to show SJRA that the Lake Houston area appreciates their support in providing temporary solutions to reduce the flood risk. So please share in your social media feeds and on Nextdoor to help spread the word. If it is easier to share directly from the Lake Houston Area Chambers Facebook post, the link is https://facebook.com/story.php?story_fbid=10158743067093357&substory_index=0&id=139473188356
It is important for EVERYONE to be involved as the Lake Conroe Association which is requesting SJRA to “Stop The Drop” is growing. They have obtained support from State Representative Will Metcalf and State Senator Robert Nichols. Bob Rehak with ReduceFlooding.com shared a recent blog post that includes the letters.
Again thank for being involved and please help spread the word.
Sincerely,
Lake Houston Area Grassroots Flood Prevention Initiative
Lake Houston Chamber Supports Lowering
The Lake Houston Chamber sent this letter to members.
January 7, 2020
I am calling on you, once again, to help us protect the Lake Houston Area from future flooding. We are launching a “Lives Over Levels” email campaign to the San Jacinto River Authority (SJRA) Board of Directors requesting their approval of temporary, seasonal lowering of Lake Conroe in 2020. The SJRA Board meets on January 21 to hear comments and again on February 20 to call the vote.
As you may recall, our area fought hard to initiate a seasonal lake lowering program during the wettest months of our year and in the height of hurricane season. The lake lowering program calls for Lake Conroe to be lowered 1 ft. below Lake Conroe’s normal pool elevation during the months of April and May and by 2 ft. below normal pool elevation in the months of August and September. The seasonal lowering program must be approved by the SJRA Board each February.
An organized group of homeowners on Lake Conroe has recently launched a campaign to the SJRA Board and a petition to Governor Abbott to stop the temporary and seasonal lowering program. They contend the temporary, seasonal lake lowering program impedes lakefront residents’ ability to get their boats from their slips during months with lower lake levels. They also claim that the lake lowering program has no scientific basis of flood protection and is thus merely offers a “placebo effect” for Lake Houstonians.
However, as residents and business professionals in Lake Houston, we know the benefits the seasonal and temporary lowering of Lake Conroe has had on our area and we also have data which proves seasonal lowering mitigated flooding.
HERE IS HOW YOU CAN HELP: SEND an email to the SJRA Board Members through our RecoverLakeHouston.com site.
SHARE the RecoverLakeHouston.com site with your employees, co-workers, friends, neighbors, and customers so they can also participate in the campaign. Forward this email and engage their participation.
SPREAD the campaign on social media using #LivesOverLevels #SJRA #RecoverLakeHouston. To make it easy, simply share posts from our Lake Houston Area Chamber social media pages. SJRA On Twitter: @SJRA_1937 SJRA On Facebook: @SanJacintoRiverAuthority SJRA on Instagram: @sanjacintoriverauthoritysjra
SHOW UP to the SJRA Board Meetings at 6:00 pm on Tuesday, January 21 and Tuesday, February 20 at the Lone Star Convention and Expo Center located at 9055 Airport Road, Conroe, Texas 77303. The opposition group in Lake Conroe will have several hundred people attend.
The future of the Lake Houston Area depends largely on our community rallying together, fighting for action to prevent flooding.
Join me in support of this campaign,
Jenna Armstrong, IOM President & CEO Lake Houston Area Chamber of Commerce
Posted by Bob Rehak on 1/14/2020
868 Days after Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/01/image-4.png?fit=960%2C540&ssl=1540960adminadmin2020-01-14 18:38:212020-01-17 08:53:57More People, Groups Line Up For, Against Lowering of Lake Conroe
On January 10, Mayor Sylvester Turner wrote the SJRA Board to support continued lowering of Lake Conroe. “This temporary measure,” said the Mayor, “will help mitigate against future flooding until permanent flood gates can be installed and dredging of the San Jacinto’s West Fork can be completed.”
Reminding LCA Who Owns the Water
The Mayor also reminded the Lake Conroe Association (LCA) that the City of Houston owns two thirds of the water in Lake Conroe.
Changing the LCA Narrative
Turner also addressed an LCA narrative that claims Lake Conroe was not built for flood control. It was built for drinking water, they say. But the letter changes that narrative. It says, “While the lake was originally constructed as a reservoir for drinking water, the Houston region has become increasingly prone to flooding due to population growth, development and more frequent storms with record rainfall. Both the City of Houston and the State of Texas recognize that flood control must be a consideration. The proactive release water is an effective measure until more permanent solutions can be completed.” See the full text of the Mayor’s letter below.
I have not always agreed with Mayor Turner, but I support him wholeheartedly on this.
Clash of Political Titans
Tuesday, Montgomery County Commissioners will vote on a resolution recommending to END the seasonal lowering of Lake Conroe.
I suspect Harris County Commissioners and the governor may enter this fray before the final vote.
Posted by Bob Rehak on 1/14/2019
868 Days after Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/01/1.10.2020-Lake-Conroe-Water-Level-NA.doc.jpg?fit=1700%2C2200&ssl=122001700adminadmin2020-01-13 23:31:352020-01-17 08:54:29Houston Mayor Sylvester Turner Supports Continuing to Lower Lake Conroe Seasonally to Help Mitigate Flooding
To avert another seasonal lowering of Lake Conroe, the Lake Conroe Association is appealing to State Representatives, State Senators, the Governor, the Conroe City Council, and Montgomery County Commissioners. They focus on the temporary loss of recreation in some parts of the lake. They also say that “damages” home values and businesses.
Finally, they’re telling officials there’s no proof that lowering the lake helps prevent downstream flooding and that it wastes $10 million of water.
They are NOT telling officials, however, that ending the program before other mitigation measures are in place could potentially open up the SJRA and State of Texas to billions of dollars in law suits.
Fifth Amendment “Takings Clause”
The issue has to do with the Fifth Amendment of the U.S. Constitution. It says that private property shall not be taken for public use, without just compensation. This so-called takings clause forms the basis for many of the lawsuits against the SJRA stemming from Harvey flooding. Those have not yet gone to trial. But lawsuits in a parallel case have.
He said the flooding of homes was a foreseeable result of government actions.
Rulings in Addicks/Barker Cases
“U.S. Judge Charles F. Lettow detailed how government officials knowingly and intentionally used private property to store rising floodwaters,” said a Houston Chronicle article about the decision. The key point in the case, according to the judge: The government knew for decades that the reservoirs could NOT contain the floodwaters in a deluge and did NOTHING over decades to prevent it. “Plaintiffs have sufficiently demonstrated that the inundation of floodwaters onto their private property was the ‘direct, natural, or probable result’ of the government’s activity,” he wrote.
How Addicks Case Applies to SJRA Lake Lowering Policy
Hold that thought. Now apply those principles to the SJRA today. It faces a decision between the temporary seasonal lowering of Lake Conroe or NOT lowering the lake. Not lowering the lake would placate recreational boaters and lakefront property owners like LCA president Mike Bleier (who did not flood during Harvey).
That’s almost 6000 structures on the West Fork. One structure might include a whole apartment complex housing hundreds of families, a shopping center employing hundreds, a high school with 4000 students, a hotel providing housing to flood victims or a hospital treating them.
None of these numbers includes damages to East Fork property, which Lake Conroe releases do not affect
Now let’s assume that the SJRA eliminates the seasonal lowering policy which it has publicly stated prevented flooding twice so far.
Let’s also assume that a big storm comes along that dumps 10-12 inches of rain on Lake Conroe and that because that buffer no longer exists, people flood again.
Parallels
Lake Conroe and downstream residents now have a ready-made, almost watertight case against the SJRA and its financial backer, the State of Texas. All the essential elements from the Barker/Addicks decision are there.
Government knew that downstream flooding was likely.
SJRA had a proven strategy at its disposal to reduce flooding.
SJRA chose not to use the strategy, which the governor endorsed.
Governor had made flood mitigation a top priority for SJRA.
SJRA chose instead to increase recreational possibilities on public property (Lake Conroe).
Private property then flooded as a foreseeable result.
It seems like a pretty close parallel to me. Perhaps it’s even more of a textbook case. Especially considering recent directives by the governor for the SJRA to focus on flood mitigation and his public endorsement of the lake lowering strategy.
Mandates in SJRA Enabling Legislation
The state created the SJRA to “conserve, control, and utilize to beneficial service the storm and flood waters of the rivers and streams of the State.” Section 2 of the enabling legislation mentions floodwaters three times. It doesn’t mention recreational boating or lakefront home values once.
In addition, the enabling legislation also says that the purpose of the SJRA is to:
Prevent the devastation of land from recurrent overflows.
Protect life and property.
Regulate the waters of the San Jacinto River and its tributaries.
Conserve “soils against destructive erosion … thereby preventing the increased flood menace incident thereto.”
If the SJRA floods people again when it might have been avoided, this sounds more and more like a slam-dunk case for plaintiffs.
That includes understanding how the seasonal lowering strategy helps. It is designed more for “less than 100-year” rain events, than it is for another Harvey. Another Harvey would fill up that 1-2 foot buffer quickly and repeatedly. The value of the strategy lies in offsetting storms that we experience far more frequently, but which could still flood people, such as those last May.
For Those Who Have Never Personally Flooded
Before closing, I’d like to publish several images that West Fork residents Rhonda Haney and Alexis Faust sent me. The images show their Harvey experiences. Thank God, most Lake Conroe residents didn’t have to suffer through what Rhonda and Alexis did. Most Lake Conroe residents may not know the financial and emotional devastation of flooding. I wouldn’t wish that on anyone.
Harvey Photo courtesy of Alexis FaustHarvey Photo courtesy of Rhonda Haney
Harvey Photo courtesy of Rhonda Haney
Harvey Photo courtesy of Rhonda Haney
Harvey Photo courtesy of Alexis Faust
Harvey Photo courtesy of Alexis Faust
Harvey Photo courtesy of Alexis Faust
Posted By Bob Rehak on 1/13/2019 with thanks to Alexis Faust and Rhonda Haney for sharing their photos
867 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/2020/01/Alexis-Lehman.jpg?fit=900%2C1200&ssl=11200900adminadmin2020-01-13 00:49:342020-01-17 08:53:24Legal Aspect of Lake Lowering That Lake Conroe Association Won’t Tell Officials About
More People, Groups Line Up For, Against Lowering of Lake Conroe
Everyone from County Commissioners to people on the street are picking up sides.
MoCo Commissioners Oppose Lowering in Split Vote
In a 3-2 vote this morning, Montgomery County Commissioners approved a resolution to OPPOSE the seasonal lowering of Lake Conroe. Judge Keough, Commissioner Meador and Commissioner Noack voted FOR the resolution. Commissioners Riley and Metts voted against.
Despite the news from Montgomery County, other local leaders released letters SUPPORTING the continuation of the policy.
Houston At-Large Council Member Sallie Alcorn Supports Lowering
Sallie Alcorn, Houston City Council Member At-Large, Position 5, sent the SJRA a letter supporting the continuation of the lake lowering policy. Ms. Alcorn, a new member of City Council, used to work with Chief Recovery Officer Stephen Costello and saw first hand how the lake lowering strategy helped prevent flooding in May of last year. See the full text of her letter below.
Woodlands Leader Robert Leilich Supports Lowering
Robert Leilich, president of Municipal Utility District #1 in the Woodlands, wrote a poignant letter to the SJRA board expressing his own personal experience and opinions.
January 14, 2020
Dear SJRA Board Members,
I witnessed first-hand the devastation wreaked by the necessity to open Lake Conroe’s Tainter Gates during Hurricane Harvey. I worked in a home of a disabled veteran in River Plantation that had recently recovered from the Memorial Day Flood. Water in this home went from a few inches up to ten feet in a matter of a few hours after the gates were opened. I spent many hours pulling down wallboard from the ceiling and walls after it ruined everything. Over 400 homes were flooded in River Plantation, alone, most of which would not have flooded if it were possible to not open the gates.
Taking steps to utilize the capability of Lake Conroe to contain more floodwaters beyond its current limited capabilities is a positive step to mitigate or prevent future flooding by waters flowing from Lake Conroe. This common-sense flood prevention capability must take precedence over minor inconveniences to a few homeowners and businesses, who greatly exaggerate claims of harm and loss. After all, the primary purpose to building the lake in the first place was never to serve those interests. SJRA has no obligation to give priority to these interests over the welfare of residents downstream of the dam.
In 1917, an amendment to the Texas constitution, referred to as the “Conservation Amendment,” authorized the Legislature “to create governmental entities with the authority to develop large-scale, regional projects, such as dams, reservoirs, and delivery systems, for the purpose of conserving and developing the state’s water resources, including the control, storing, preservation, and distribution of its storm and flood waters, the water of its rivers and streams, for irrigation, power, and all other useful purposes…” (from SJRA ‘s 75th Anniversary brochure, page 5).
In 1937, the San Jacinto River Conservation and Reclamation District (now SJRA) was formed “to develop, conserve, and protect the water resources of the San Jacinto River basin.” Enabling legislation also gave the Authority rights “to impound flood waters.” It is entirely appropriate and prudent that the SJRA exercise this authority.
Since Governor Abbott directed the SJRA on March 15, 2018, to implement immediate and long-term solutions to protect lives and property of Texans living in the watershed, the SJRA Board has taken positive action. It is my hope that the Board will continue to follow the Governor’s directives when the board once again considers the temporary and seasonal lowering of Lake Conroe, continuing the present policy until (and if) more permanent flood control measures are implemented.
The ability of Lake Conroe to mitigate potential flooding was demonstrated during the May 10, 2019, rain event. (SJRA data from the May 2019 floods show that had no releases occurred prior to the event, Lake Conroe would have been forced to release at a higher CFS during the event.) Lowering Lake Conroe protected numerous lives, homes and businesses.
Access to lake recreation should never be at the expense of endangering lives downstream, especially considering the Charter of the SJRA states that its express purpose was for responsible water management. Further, if the Board chooses to not continue lowering Lake Conroe, it would be out of compliance with Governor Abbott’s mandate.
The San Jacinto River Authority has a legal and moral responsibility to many more people than just those who live and work around Lake Conroe. It is my hope and expectation that the SJRA Board will continue the present policy that is proving to protect lives and property against those who have a sense of entitlement that supersedes public interests.
I respectfully request that you vote in favor of the temporary, seasonal lowering of Lake Conroe on February 20, 2020.
Very truly yours,
(Signed)
Robert H. Leilich
President, MUD #1
Lake Houston Area Grassroots Flood Prevention Initiative Supports Lowering
The Lake Houston Area Grassroots Flood Prevention Initiative supports the Lake Houston Chamber to mobilize people throughout the region. The Grassroots organization sent the following note to its members on Monday afternoon.
Dear ______________:
On Tuesday, Jan 7th, the Lake Houston Area Chamber of Commerce sent an email highlighting the various ways you can support the SJRA’s temporary seasonal Lake Lowering program for 2020.
We encourage everyone to be involved in any way you can. So, if you are not able to attend the SJRA Public Board meeting on Tuesday January 21st meeting at 6:00 pm at the Lone Star Convention and Expo Center, we encourage you to send an email to the SJRA board members sharing your support of this temporary lake lowering program. The Lake Houston Area Chamber of Commerce has created a very easy way to send an email via the RecoverLakeHouston.com website. It only takes a few seconds to complete their form. We highly recommend using this method to send an email.
In the Lake Houston Long Term Recovery Task Force Meeting this morning, the Lake Houston Area Chamber reported as of this morning, 689 emails had been sent via RecoverLakeHouston.com. While that is a good start, we are confident that with your help we can exceed 2000 emails to show SJRA that the Lake Houston area appreciates their support in providing temporary solutions to reduce the flood risk. So please share in your social media feeds and on Nextdoor to help spread the word. If it is easier to share directly from the Lake Houston Area Chambers Facebook post, the link is https://facebook.com/story.php?story_fbid=10158743067093357&substory_index=0&id=139473188356
It is important for EVERYONE to be involved as the Lake Conroe Association which is requesting SJRA to “Stop The Drop” is growing. They have obtained support from State Representative Will Metcalf and State Senator Robert Nichols. Bob Rehak with ReduceFlooding.com shared a recent blog post that includes the letters.
Again thank for being involved and please help spread the word.
Sincerely,
Lake Houston Area Grassroots Flood Prevention Initiative
Lake Houston Chamber Supports Lowering
The Lake Houston Chamber sent this letter to members.
January 7, 2020
I am calling on you, once again, to help us protect the Lake Houston Area from future flooding. We are launching a “Lives Over Levels” email campaign to the San Jacinto River Authority (SJRA) Board of Directors requesting their approval of temporary, seasonal lowering of Lake Conroe in 2020. The SJRA Board meets on January 21 to hear comments and again on February 20 to call the vote.
As you may recall, our area fought hard to initiate a seasonal lake lowering program during the wettest months of our year and in the height of hurricane season. The lake lowering program calls for Lake Conroe to be lowered 1 ft. below Lake Conroe’s normal pool elevation during the months of April and May and by 2 ft. below normal pool elevation in the months of August and September. The seasonal lowering program must be approved by the SJRA Board each February.
An organized group of homeowners on Lake Conroe has recently launched a campaign to the SJRA Board and a petition to Governor Abbott to stop the temporary and seasonal lowering program. They contend the temporary, seasonal lake lowering program impedes lakefront residents’ ability to get their boats from their slips during months with lower lake levels. They also claim that the lake lowering program has no scientific basis of flood protection and is thus merely offers a “placebo effect” for Lake Houstonians.
However, as residents and business professionals in Lake Houston, we know the benefits the seasonal and temporary lowering of Lake Conroe has had on our area and we also have data which proves seasonal lowering mitigated flooding.
HERE IS HOW YOU CAN HELP:
SEND an email to the SJRA Board Members through our RecoverLakeHouston.com site.
SHARE the RecoverLakeHouston.com site with your employees, co-workers, friends, neighbors, and customers so they can also participate in the campaign. Forward this email and engage their participation.
SPREAD the campaign on social media using #LivesOverLevels #SJRA #RecoverLakeHouston. To make it easy, simply share posts from our Lake Houston Area Chamber social media pages.
SJRA On Twitter: @SJRA_1937
SJRA On Facebook: @SanJacintoRiverAuthority
SJRA on Instagram: @sanjacintoriverauthoritysjra
SHOW UP to the SJRA Board Meetings at 6:00 pm on Tuesday, January 21 and Tuesday, February 20 at the Lone Star Convention and Expo Center located at 9055 Airport Road, Conroe, Texas 77303. The opposition group in Lake Conroe will have several hundred people attend.
The future of the Lake Houston Area depends largely on our community rallying together, fighting for action to prevent flooding.
Join me in support of this campaign,
Jenna Armstrong, IOM
President & CEO
Lake Houston Area Chamber of Commerce
Posted by Bob Rehak on 1/14/2020
868 Days after Hurricane Harvey
Houston Mayor Sylvester Turner Supports Continuing to Lower Lake Conroe Seasonally to Help Mitigate Flooding
On January 10, Mayor Sylvester Turner wrote the SJRA Board to support continued lowering of Lake Conroe. “This temporary measure,” said the Mayor, “will help mitigate against future flooding until permanent flood gates can be installed and dredging of the San Jacinto’s West Fork can be completed.”
Reminding LCA Who Owns the Water
The Mayor also reminded the Lake Conroe Association (LCA) that the City of Houston owns two thirds of the water in Lake Conroe.
Changing the LCA Narrative
Turner also addressed an LCA narrative that claims Lake Conroe was not built for flood control. It was built for drinking water, they say. But the letter changes that narrative. It says, “While the lake was originally constructed as a reservoir for drinking water, the Houston region has become increasingly prone to flooding due to population growth, development and more frequent storms with record rainfall. Both the City of Houston and the State of Texas recognize that flood control must be a consideration. The proactive release water is an effective measure until more permanent solutions can be completed.” See the full text of the Mayor’s letter below.
I have not always agreed with Mayor Turner, but I support him wholeheartedly on this.
Clash of Political Titans
Tuesday, Montgomery County Commissioners will vote on a resolution recommending to END the seasonal lowering of Lake Conroe.
I suspect Harris County Commissioners and the governor may enter this fray before the final vote.
Posted by Bob Rehak on 1/14/2019
868 Days after Hurricane Harvey
Legal Aspect of Lake Lowering That Lake Conroe Association Won’t Tell Officials About
To avert another seasonal lowering of Lake Conroe, the Lake Conroe Association is appealing to State Representatives, State Senators, the Governor, the Conroe City Council, and Montgomery County Commissioners. They focus on the temporary loss of recreation in some parts of the lake. They also say that “damages” home values and businesses.
Finally, they’re telling officials there’s no proof that lowering the lake helps prevent downstream flooding and that it wastes $10 million of water.
They are NOT telling officials, however, that ending the program before other mitigation measures are in place could potentially open up the SJRA and State of Texas to billions of dollars in law suits.
Fifth Amendment “Takings Clause”
The issue has to do with the Fifth Amendment of the U.S. Constitution. It says that private property shall not be taken for public use, without just compensation. This so-called takings clause forms the basis for many of the lawsuits against the SJRA stemming from Harvey flooding. Those have not yet gone to trial. But lawsuits in a parallel case have.
In December, a federal judge ruled in favor of plaintiffs flooded behind the Addicks and Barker reservoirs. He found the Army Corps liable for damages.
Rulings in Addicks/Barker Cases
“U.S. Judge Charles F. Lettow detailed how government officials knowingly and intentionally used private property to store rising floodwaters,” said a Houston Chronicle article about the decision. The key point in the case, according to the judge: The government knew for decades that the reservoirs could NOT contain the floodwaters in a deluge and did NOTHING over decades to prevent it. “Plaintiffs have sufficiently demonstrated that the inundation of floodwaters onto their private property was the ‘direct, natural, or probable result’ of the government’s activity,” he wrote.
How Addicks Case Applies to SJRA Lake Lowering Policy
Hold that thought. Now apply those principles to the SJRA today. It faces a decision between the temporary seasonal lowering of Lake Conroe or NOT lowering the lake. Not lowering the lake would placate recreational boaters and lakefront property owners like LCA president Mike Bleier (who did not flood during Harvey).
The lowering provides a buffer against flooding for BOTH Lake Conroe and downstream communities on the West Fork of the San Jacinto. They include Woodloch, Porter, Humble, Atascocita and Kingwood. During Harvey, approximately 300 structures flooded on Lake Conroe, 1100 between Lake Conroe and US59, 3652 in Kingwood along the West Fork, 366 in Atascocita, and 466 in Humble.
That’s almost 6000 structures on the West Fork. One structure might include a whole apartment complex housing hundreds of families, a shopping center employing hundreds, a high school with 4000 students, a hotel providing housing to flood victims or a hospital treating them.
None of these numbers includes damages to East Fork property, which Lake Conroe releases do not affect
Now let’s assume that the SJRA eliminates the seasonal lowering policy which it has publicly stated prevented flooding twice so far.
Let’s also assume that a big storm comes along that dumps 10-12 inches of rain on Lake Conroe and that because that buffer no longer exists, people flood again.
Parallels
Lake Conroe and downstream residents now have a ready-made, almost watertight case against the SJRA and its financial backer, the State of Texas. All the essential elements from the Barker/Addicks decision are there.
It seems like a pretty close parallel to me. Perhaps it’s even more of a textbook case. Especially considering recent directives by the governor for the SJRA to focus on flood mitigation and his public endorsement of the lake lowering strategy.
Mandates in SJRA Enabling Legislation
The state created the SJRA to “conserve, control, and utilize to beneficial service the storm and flood waters of the rivers and streams of the State.” Section 2 of the enabling legislation mentions floodwaters three times. It doesn’t mention recreational boating or lakefront home values once.
In addition, the enabling legislation also says that the purpose of the SJRA is to:
Officials Should Get the Facts
Before Montgomery County Commissioners, the Conroe City Council, Representative Will Metcalf and Senator Robert Nichols fire off more letters telling the SJRA what to do based on Mike Bleier’s misinformation, one hopes they would at least ask for a briefing from the SJRA to get the whole picture.
That includes understanding how the seasonal lowering strategy helps. It is designed more for “less than 100-year” rain events, than it is for another Harvey. Another Harvey would fill up that 1-2 foot buffer quickly and repeatedly. The value of the strategy lies in offsetting storms that we experience far more frequently, but which could still flood people, such as those last May.
For Those Who Have Never Personally Flooded
Before closing, I’d like to publish several images that West Fork residents Rhonda Haney and Alexis Faust sent me. The images show their Harvey experiences. Thank God, most Lake Conroe residents didn’t have to suffer through what Rhonda and Alexis did. Most Lake Conroe residents may not know the financial and emotional devastation of flooding. I wouldn’t wish that on anyone.
Posted By Bob Rehak on 1/13/2019 with thanks to Alexis Faust and Rhonda Haney for sharing their photos
867 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.