The oral explanations that accompanied each of these presentations provided much of the interest. But even without those, they are still understandable and compelling. Let me attempt to fill in some of the gap.
Barker-Addicks Upstream Case: What Corps Knew and Did
Irvine focused mainly on what the Army Corps knew about flooding potential upstream of the reservoirs and what they consciously permitted to happen through inaction. His presentation is packed with memos and reports dating back to 1973.
In a landmark ruling last December, the judge ruled that the US Government and Army Corps were liable in all 13 test cases for a “taking” private property for public use without just compensation.” That language comes from the Fifth Amendment of the US Constitution.
The Barker-Addicks cases have been divided into upstream and downstream groups because of their different characteristics. On February 19, 2020, Judge Loren A. Smith dismissed all the downstream cases outright. According to the Houston Chronicle, he said that property owners had no right to sue the government for inundating their land in what he called a “2000-year storm.”
Both of these cases set potential precedent for people in the Lake Houston area. The downstream cases contain some circumstances that parallel SJRA actions during Harvey.
The upstream cases contain elements that apply to future flooding now that the SJRA has consciously chosen to balance upstream boating, property and commercial interests with downstream safety.
All in all, it’s an interesting read. The last slide in Irvine’s presentation shows him and co-counsel standing in front of a wall with a quote from Abraham Lincoln. The quote says, “It is as much the duty of government to render prompt justice against itself, in favor of citizens, as it is to administer the same, between private individuals.”
Charles Irvine is third from left.
State of Region and Prescriptions for Future
Blackburns presentation can roughly be broken into two parts: what has been done since Harvey and what still needs to be done to protect us in the future.
Regular readers will recognize many past projects from the archives of ReduceFlooding.com although Blackburn’s purview is admittedly wider than mine. I focus mainly on the Lake Houston Area; Blackburn focuses on the region.
Blackburn, however, makes many prescriptions to reduce future flooding re:
Development in flood plains
Acknowledging climate change
Impacts to low-income and minority areas
A black-mold public-health crisis
Location of hazardous waste sites
Cancer clusters
Allocation of public funds
Design of freeways that flood
Tunneling as a mitigation alternative
Flood alert systems
Ike-Dike Options and more
Jim Blackburn’s biggest worry.
Blackburn does not shy from controversy. But it’s not necessary to agree with each of his observations. It is necessary to discuss them if we are going to move beyond the thinking that keeps us mired in the past.
Posted by Bob Rehak on 2/26/2020with thanks to Charles Irvine, Jim Blackburn and the Bayou City Initiative
911 Days after Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/02/Blackburn-Worry.jpg?fit=1200%2C664&ssl=16641200adminadmin2020-02-26 20:31:042020-02-26 20:31:22New Presentations on Barker-Addicks Upstream Case and State of Regional Flood Mitigation
This morning, the San Jacinto River Authority put out a press release about the seasonal lowering of Lake Conroe. I reported the results of the board vote last Friday. The elements of the policy in this press release do not differ. Regardless, I’m printing this press release verbatim for two reasons: a) its the official version, and b) I want the historical record to be complete. I have four comments on the official wording below the release.
Kingwood Town Center Apartments after Lake Conroe release during Harvey. For reference, that’s the roof of an SUV in the foreground and the Town Center Apartments are more than a mile from the river.
SJRA Board of Directors Recommends Renewing Flood Mitigation Strategy
Conroe, Texas—San Jacinto River Authority (SJRA) Board of Directors last week approved a recommendation to the City of Houston (COH) to continue a temporary flood mitigation program at Lake Conroe. The board’s vote proposed extending the initiative through December 2022 and serves as a recommendation to the City of Houston who owns the majority of the water rights in Lake Conroe.
At the special board meeting, over 100 constituents voiced their opinions on the initiative to reduce water level in Lake Conroe on a seasonal basis to create extra capacity to catch rainfall and storm water runoff. During the meeting SJRA Director of Water Resources and Flood Management, Chuck Gilman, gave a presentation to the board that included 20 years of rainfall and lake level data for consideration.
After approximately five hours of presentation, public comment, and board discussion, the SJRA Board of Directors approved the following recommendation to the COH regarding the operation of Lake Conroe:
Spring strategy: Beginning April 1, release only an amount of water from Lake Conroe to create a one foot capacity to catch rainfall and storm runoff (from 201’ mean sea level to 200’ msl). Recapture of lake level beginning June 1.
Fall strategy: 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.
All releases come from the COH’s 2/3 share of permitted water supply in Lake Conroe at the city’s request. SJRA staff to coordinate with COH staff on the details and timing of any releases.
If the lake level of Lake Conroe has already dropped to the target elevation due to natural evaporation, no releases should be made.
The strategy of temporarily creating capacity in Lake Conroe on a seasonal basis began in 2018 to provide flood mitigation benefits for regional downstream constituents in both Montgomery County and Harris County by catching rainfall and runoff in Lake Conroe.
The COH supports the strategy. Mayor Sylvester Turner notified SJRA the day before the special board meeting that the city wished to extend the initiative until the completion of additional dredging and construction of flood gates on the Lake Houston Spillway.
Lake Conroe was built in the 1970s as a partnership between COH, SJRA, and the Texas Water Development Board as a water supply reservoir for the region. COH owns 2/3 of the water rights in Lake Conroe; SJRA owns 1/3. The City of Houston may call for the release of water from Lake Conroe for the city’s use at any time. Upon release, the city’s water flows down the west fork of the San Jacinto River eventually ending up in Lake Houston for use by Houston.
One of the major river authorities in Texas, SJRA’s mission is to develop, conserve, and protect the water resources of the San Jacinto River basin. Covering all or part of seven counties, the organization’s jurisdiction includes the entire San Jacinto River watershed, excluding Harris County. For additional information on SJRA visit our website at www.sjra.net, like SJRA on Facebook@SanJacintoRiverAuthority, follow us on Twitter @SJRA_1937, or find us on Instagram @sanjacintoriverauthoritysjra.
Observations about Curious Wording Within the Release
I found several things interesting about nuances of the language in this press release.
First, the headline talks about renewing the lake lowering policy, not modifying, tweaking, changing, or revising it.
Second, they characterize what they did as a recommendation to the City of Houston, as if it is not the policy that they officially adopted over the City of Houston’s recommendation.
Fourth, they omitted any mention of affected residents who live outside of the City, but inside the West Fork watershed. For instance, approximately a dozen residents testified from River Plantation on behalf of the hundreds who flooded there. Woodloch and other Montgomery County communities upstream from the Lake Houston area also experienced severe flooding. More than 1100 homes on the West Fork flooded during Harvey between Kingwood and Lake Conroe.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/01/Kingwood-Town-Center-Apts.jpg?fit=1200%2C563&ssl=15631200adminadmin2020-02-26 11:02:452020-02-26 11:47:18Exact Text of Lake Lowering Policy Adopted by SJRA
Eighty percent of the Forest Cove townhomes south of Hamblen on Marina and Timberline Drives have been bought out so far. But while HCFCD scrambles to complete the remainder of the buyouts, the area has become a magnet for illegal dumpers.
Vacant Since Harvey
Ever since Hurricane Harvey when 15-20 feet of water swept through the riverfront townhomes, they have been abandoned. Then they were looted, burned, covered with graffiti, and dumped on. No one lives there anymore. They can’t. The Harvey flood destroyed them beyond repair.
The absence of residents has now made the once-proud townhomes a favorite destination for illegal dumpers.
Pictures from February 13 Flyover
Below are some pictures I took from a helicopter on 2/13/2020. Believe me, it looks and smells much worse from the ground. People have dumped old furniture, electronics, a boat, tires, landscaping debris, mattresses and more.
The City of Houston is responsible for keeping the area clean. But Harris County Flood Control District HCFCD is buying these properties out.
Matt Zeve, Deputy Executive Director of HCFCD, says HCFCD has purchased 80% of the townhomes since Harvey. Fourteen units remain un-purchased.
HCFCD has already demolished eight of the buildings. Seven remain. The 14 units are scattered among those seven buildings. That’s why they haven’t been demolished yet.
Of the 14 units, five are in the acquisition process. The nine remaining owners have all volunteered to be bought out. “We’re in the approval process of adding them to our Hazard Mitigation Grant Program (HMGP) buyout grant,” said James Wade of HCFCD. So all the pieces of this puzzle are falling into place.
A FEMA Hazard Mitigation Grant Program (HMGP) resulting from Hurricane Harvey is partially funding this acquisition. Seventy-five percent of the cost is from a federal HMGP grant and 25% (plus some relocation costs) will be funded by HCFCD. The total estimated costs of the townhomes once complete: approximately $5 million.
HCFCD hopes to complete all acquisition and demolition by the end of 2020.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/02/20200213-RJR_8008.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-02-25 17:00:232020-02-25 17:04:47Forest Cove Townhome Buyouts 80% Complete, But Area Now Magnet For Illegal Dumping
New Presentations on Barker-Addicks Upstream Case and State of Regional Flood Mitigation
On February 19, the Bayou City Initiative hosted presentations by Charles Irvine of Irvine & Connor, PLLC and Professor Jim Blackburn of Rice University. Irvine was the Court-appointed, Co-lead Counsel for the Addicks-Barker “Upstream” case. Blackburn is co-director of the Severe Storm Prevention, Education and Evacuation from Disaster (SSPEED) Center at Rice and a faculty scholar at the Baker Institute – just two of many distinctions.
The oral explanations that accompanied each of these presentations provided much of the interest. But even without those, they are still understandable and compelling. Let me attempt to fill in some of the gap.
Barker-Addicks Upstream Case: What Corps Knew and Did
Irvine focused mainly on what the Army Corps knew about flooding potential upstream of the reservoirs and what they consciously permitted to happen through inaction. His presentation is packed with memos and reports dating back to 1973.
In a landmark ruling last December, the judge ruled that the US Government and Army Corps were liable in all 13 test cases for a “taking” private property for public use without just compensation.” That language comes from the Fifth Amendment of the US Constitution.
The Barker-Addicks cases have been divided into upstream and downstream groups because of their different characteristics. On February 19, 2020, Judge Loren A. Smith dismissed all the downstream cases outright. According to the Houston Chronicle, he said that property owners had no right to sue the government for inundating their land in what he called a “2000-year storm.”
Both of these cases set potential precedent for people in the Lake Houston area. The downstream cases contain some circumstances that parallel SJRA actions during Harvey.
All in all, it’s an interesting read. The last slide in Irvine’s presentation shows him and co-counsel standing in front of a wall with a quote from Abraham Lincoln. The quote says, “It is as much the duty of government to render prompt justice against itself, in favor of citizens, as it is to administer the same, between private individuals.”
State of Region and Prescriptions for Future
Blackburns presentation can roughly be broken into two parts: what has been done since Harvey and what still needs to be done to protect us in the future.
Regular readers will recognize many past projects from the archives of ReduceFlooding.com although Blackburn’s purview is admittedly wider than mine. I focus mainly on the Lake Houston Area; Blackburn focuses on the region.
Blackburn, however, makes many prescriptions to reduce future flooding re:
Blackburn does not shy from controversy. But it’s not necessary to agree with each of his observations. It is necessary to discuss them if we are going to move beyond the thinking that keeps us mired in the past.
To download both presentations, click here.
Posted by Bob Rehak on 2/26/2020 with thanks to Charles Irvine, Jim Blackburn and the Bayou City Initiative
911 Days after Hurricane Harvey
Exact Text of Lake Lowering Policy Adopted by SJRA
This morning, the San Jacinto River Authority put out a press release about the seasonal lowering of Lake Conroe. I reported the results of the board vote last Friday. The elements of the policy in this press release do not differ. Regardless, I’m printing this press release verbatim for two reasons: a) its the official version, and b) I want the historical record to be complete. I have four comments on the official wording below the release.
SJRA Board of Directors Recommends Renewing Flood Mitigation Strategy
Conroe, Texas—San Jacinto River Authority (SJRA) Board of Directors last week approved a recommendation to the City of Houston (COH) to continue a temporary flood mitigation program at Lake Conroe. The board’s vote proposed extending the initiative through December 2022 and serves as a recommendation to the City of Houston who owns the majority of the water rights in Lake Conroe.
At the special board meeting, over 100 constituents voiced their opinions on the initiative to reduce water level in Lake Conroe on a seasonal basis to create extra capacity to catch rainfall and storm water runoff. During the meeting SJRA Director of Water Resources and Flood Management, Chuck Gilman, gave a presentation to the board that included 20 years of rainfall and lake level data for consideration.
After approximately five hours of presentation, public comment, and board discussion, the SJRA Board of Directors approved the following recommendation to the COH regarding the operation of Lake Conroe:
The strategy of temporarily creating capacity in Lake Conroe on a seasonal basis began in 2018 to provide flood mitigation benefits for regional downstream constituents in both Montgomery County and Harris County by catching rainfall and runoff in Lake Conroe.
The COH supports the strategy. Mayor Sylvester Turner notified SJRA the day before the special board meeting that the city wished to extend the initiative until the completion of additional dredging and construction of flood gates on the Lake Houston Spillway.
Lake Conroe was built in the 1970s as a partnership between COH, SJRA, and the Texas Water Development Board as a water supply reservoir for the region. COH owns 2/3 of the water rights in Lake Conroe; SJRA owns 1/3. The City of Houston may call for the release of water from Lake Conroe for the city’s use at any time. Upon release, the city’s water flows down the west fork of the San Jacinto River eventually ending up in Lake Houston for use by Houston.
One of the major river authorities in Texas, SJRA’s mission is to develop, conserve, and protect the water resources of the San Jacinto River basin. Covering all or part of seven counties, the organization’s jurisdiction includes the entire San Jacinto River watershed, excluding Harris County. For additional information on SJRA visit our website at www.sjra.net, like SJRA on Facebook@SanJacintoRiverAuthority, follow us on Twitter @SJRA_1937, or find us on Instagram @sanjacintoriverauthoritysjra.
Observations about Curious Wording Within the Release
I found several things interesting about nuances of the language in this press release.
First, the headline talks about renewing the lake lowering policy, not modifying, tweaking, changing, or revising it.
Second, they characterize what they did as a recommendation to the City of Houston, as if it is not the policy that they officially adopted over the City of Houston’s recommendation.
Third, they omitted mention of the difference between the City’s recommendation and the SJRA’s.
Fourth, they omitted any mention of affected residents who live outside of the City, but inside the West Fork watershed. For instance, approximately a dozen residents testified from River Plantation on behalf of the hundreds who flooded there. Woodloch and other Montgomery County communities upstream from the Lake Houston area also experienced severe flooding. More than 1100 homes on the West Fork flooded during Harvey between Kingwood and Lake Conroe.
Fifth, in the last paragraph, the SJRA omitted flood prevention in the boilerplate about their mission! Their enabling legislation clearly included it. The governor recently reconfirmed it. And it was the reason for months of debate that consumed two communities. While the omission may seem trivial, it speaks of an entrenched attitude. I trust the State Sunset Commission will consider that during its review of the SJRA’s performance this year.
Posted By Bob Rehak on 2/26/2020
911 Days after Hurricane Harvey
Forest Cove Townhome Buyouts 80% Complete, But Area Now Magnet For Illegal Dumping
Eighty percent of the Forest Cove townhomes south of Hamblen on Marina and Timberline Drives have been bought out so far. But while HCFCD scrambles to complete the remainder of the buyouts, the area has become a magnet for illegal dumpers.
Vacant Since Harvey
Ever since Hurricane Harvey when 15-20 feet of water swept through the riverfront townhomes, they have been abandoned. Then they were looted, burned, covered with graffiti, and dumped on. No one lives there anymore. They can’t. The Harvey flood destroyed them beyond repair.
Pictures from February 13 Flyover
Below are some pictures I took from a helicopter on 2/13/2020. Believe me, it looks and smells much worse from the ground. People have dumped old furniture, electronics, a boat, tires, landscaping debris, mattresses and more.
The City can’t keep up with it.
Status of Buyouts
The City of Houston is responsible for keeping the area clean. But Harris County Flood Control District HCFCD is buying these properties out.
Matt Zeve, Deputy Executive Director of HCFCD, says HCFCD has purchased 80% of the townhomes since Harvey. Fourteen units remain un-purchased.
HCFCD has already demolished eight of the buildings. Seven remain. The 14 units are scattered among those seven buildings. That’s why they haven’t been demolished yet.
Of the 14 units, five are in the acquisition process. The nine remaining owners have all volunteered to be bought out. “We’re in the approval process of adding them to our Hazard Mitigation Grant Program (HMGP) buyout grant,” said James Wade of HCFCD. So all the pieces of this puzzle are falling into place.
A FEMA Hazard Mitigation Grant Program (HMGP) resulting from Hurricane Harvey is partially funding this acquisition. Seventy-five percent of the cost is from a federal HMGP grant and 25% (plus some relocation costs) will be funded by HCFCD. The total estimated costs of the townhomes once complete: approximately $5 million.
When buyouts are complete, this area will revert to nature. It could also become part of a linear park. The Houston Parks Board was considering building a hike and bike trail south of Hamblen between the County’s planned Edgewater Park and River Grove Park.
Posted by Bob Rehak on 2/25/2020
910 Days after Hurricane Harvey