Judge Lauren Reeder of the 234th Judicial District Court has set the trial date in the Elm Grove/North Kingwood Forest flooding case for July 13, 2020.
The docket control order issued by Judge Reeder also lays out the general order of events in the case. On or before:
12/16/2019, all parties to the case must be added and served, a legal process called “joinder.” Inviters this case, more than 200 individual plaintiffs are suing the defendants. Interestingly, the defendants do not yet include the parent company, Perry Homes, or LJA Engineering Inc., the company that designed the development and its detention systems.
4/13/2020, all expert witnesses for parties seeking affirmative relief must be named.
5/13/2020, all other expert witnesses must be named.
6/12/2020, the court will hold a status conference to discuss discovery limitations and alternative dispute resolution (i.e., mediation). The discover period ends on 6/12. All pleadings, amendments and challenges to expert testimony must also be heard by this date.
On 6/29/20 at 1:30 pm, Judge Reeder has scheduled a docket call at which all parties to the case must be prepared to discuss every aspect of the case.
Judge Reeder also tentatively scheduled the trial for 7/13/2020.
Construction on the Woodridge Village development will continue during the pre-trial phase. This has some residents concerned. While the construction of detention ponds is encouraging, any flaws in the construction of the engineering plans will be set in concrete before the case goes to trial. If there are flaws, that could affect flooding for years to come.
Jeff Miller, an Elm Grove resident, reports that two more culverts have been added to Taylor Gulley where it bisects the northern and southern portions of Woodridge Village.
Posted by Bob Rehak on July 25, 2019 with help from Bill Fowlerand Jeff Miller
695 days after Hurricane Harvey
All thoughts expressed in this post represent my opinions on matters of public policy and safety. They are protected by the First Amendment of the U.S. Constitution and the Anti-SLAPP statute of the great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/07/Culverts.jpg?fit=1500%2C867&ssl=18671500adminadmin2019-07-25 14:06:432019-07-25 14:08:21Judge Sets July 2020 Trial Date in Flood Case
A CBS 60-Minutes segment last Sunday brought into focus many thoughts I have been struggling to articulate since Hurricane Harvey. The segment featured an interview with a Dutch flood expert named Henk Ovink. Mr. Ovink has some impressive credentials and consults with other countries and cities around the world. At a strategic level, he looks at America and scratches his strikingly bald head. You can sum up his observations in a paragraph.
America, he says, spends hundreds of billions of dollars to repair flood damage and restore communities to the way they were. The Dutch, he says, focus on re-imagining their cities to move structures and people out of harm’s way. The idea is to give floods more room to spread out rather than to confine them within dikes. Instead of incentivizing people with below-cost national flood insurance to build ever closer to danger areas, reward them for moving to safer places.
It’s not as if these are new ideas. We hear people talking about them ad nauseam – at conferences, on TV, in City Council chambers, in newspaper reports. Yet we never take action on them. As a result, homes and businesses flood repetitively. And people die. In contrast, no one has died in a Dutch flood since 1955, says Mr. Ovink.
This raises an obvious question.
What keeps us from adopting simple, low-cost, proven solutions?
The answer should be blindingly obvious, but isn’t … at least to Americans … and especially Texans, who believe in individual freedom and competition more than most.
If you take the time to watch Mr. Ovink’s other speeches and interviews on YouTube, you’ll get a hint. He talks a lot about the spirit of cooperation among the Dutch people. It’s not as if American’s don’t know how to cooperate. It’s that we don’t LIKE to cooperate – if there’s money to be made.
Cooperation Vs. Competition
From a sociological and psychological perspective, humans have two great survival strategies: cooperation and competition. You can see them built into our political fabric at every level, dating back to the U.S. Constitution. We built America on both. Fifty states work together to provide for things like a common defense. But we also have fifty states competing with each other for jobs, economic development, and the freedom to pursue different values.
The contradiction and tension between these two survival strategies defines the American mindset and American politics. Two local, recent examples:
Romerica is trying to build a 3.2 million square foot development in wetlands near the floodway of the San Jacinto West Fork. They know it’s not safe, but they can make money by buying up cheap flood plain land and then sell river views at a profit. Taxpayer-subsided flood insurance protects everyone. So why not?
In Montgomery County, a private water utility is fighting what it calls a “government monopoly” on the supply of water. QuadVest and Simon Sequeira want unlimited groundwater pumping to pump up their profits. They dispute the science that points to the subsidence it will generate, endangering other people’s property.
Lessons from the Pursuit of Loneliness
As I reflected on this, it reminded me of a book I read in 1970, The Pursuit of Loneliness by Phillip Slater. For a sociology book, it became a blockbuster success. It sold more than half a million copies, a monster number at the time.
The New York Times said in a review, “…the book explored the tension between the Lone Ranger individualist who occupies center stage in American myth and the communal interdependence that defines democracy in reality.”
The example I remember best from Slater’s book, which I read almost 50 years ago, concerned migration to suburbs and exurbs. For thousands of years, Slater said, to be civilized meant to be citified. We love all the benefits of living in a city (like jobs, shopping, cultural and sporting events), but our dream is a ranch far out in the country that lets us escape. So we buy it, then lobby to build an eight-lane divided highway to it. Use up two to three hours a day commuting. And pollute the air along the way. We wake up years later only to find that we have destroyed the very lifestyle we we fought so hard to attain.
The book is filled with contradictions like this. For instance, when connectedness brings us happiness, why do we work so hard to live in walled-off homes? I highly recommend it.
Group Vs. Individual
This conflict between cooperation and competition, independence and interdependence, defines the contradictions in our ambitions, politics and lifestyles. It’s what makes America and Texas so insanely great. It’s also one of the things that makes flood mitigation so difficult and expensive. Our belief in individual rights blinds us to the obvious. Maybe we should just give the river room to flood by turning that flood plain property into communal parks that everyone can enjoy. But who will give up their river view? Or the freedom to flood?
Posted by Bob Rehak on 7/25/2019
695 Days since Hurricane Harvey
All thoughts expressed in this post are my opinions on matters of public policy. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP law of the great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/07/Harvey.jpg?fit=1500%2C794&ssl=17941500adminadmin2019-07-25 00:46:232019-07-25 01:07:36Giving Rivers More Room: Who Wants to Give Up The Freedom to Flood?
Two new subdivisions, Northpark Woods and Woodridge Village, made me worry about the impact of upstream development on Kingwood and the rest of the Lake Houston area. Could these developments overwhelm the capacity of our drainage ditches? Could they increase our chances of flooding? The consensus among flood professionals: It’s not likely. But they also qualify their answers. Here’s why.
Clear-cut area for new Northpark Woods development in Porter.This 90-acre area will contain hundreds of starter homes in the flood plain of the West Fork (background), ranging from 1200 to 2400SF.
Changes in Detention Requirements Over Time
In the past, upstream development definitely contributed to downstream flooding in places like Bellaire and Meyerland. But that was back before regulations in most cities and counties required detention ponds in new developments. In many cases, no detention was provided for a development because it simply wasn’t part of the requirements of the time.
It’s different now for places like Kingwood because much of the upstream development has required and continues to require detention.
I found that very comforting. However, we also have some challenges ahead to reduce flood risk.
Not All Counties Have Fill Requirements As Stringent as Harris’
As we’ve seen with the Romerica development, Harris County has stringent requirements about filling in floodplains. Not all surrounding counties have those same restrictions. Can we do anything about that?
Kingwood can certainly advocate among all areas upstream that drain to Lake Houston. For instance, take Montgomery County, Waller County, Grimes County, Walker County, San Jacinto County, and Liberty County. Those and associated incorporated areas (e.g., City of Conroe) should not only require detention for new developments, they should adopt drainage criteria and regulations similar to Harris County.
This would mean that new developments would have to mitigate not only for the increased stormwater runoff, but for any fill they add to the floodplain.
Problems in Harmonizing Flood Plain Regulations
This is a big ask for many areas that are looking to attract development and growth. The problem: Many places on the fringes of the City see lax regulations (or a reputation for lax enforcement) as a way to attract growth. The implied pitch to developers is, “Your costs will be lower here.”
Complicating matters, many residents of those counties moved away from the City because they like the freedom. You just have fewer people telling you what to do out in the country.
The Texas Water Development Board (TWDB) is inviting interested Texans to attend one of 13 flood outreach meetings during the first two weeks of August. They will solicit comments on the new state and regional flood planning process and the new flood financing program, both established during the 2019 legislative session under SB8 and SB500.
Texans are beginning the first stages in the development of a first-ever statewide flood plan.
Jeff Walker, Executive Administrator of the TWDB says the group is holding these meetings prior to the required formal rulemaking process to help ensure that the new programs meet the needs of Texas communities.
The flood planning program will result in regional flood plans in 2023 and the first state flood plan in September 2024. Intended to make drainage and flood projects more affordable for Texas communities, the flood financing program will be funded through a $793 million transfer from the Rainy Day Fund and will become available in 2020.
The 13 meetings are widely scattered throughout the state. The closest to the Houston area is in Tomball.
Beckendorf Conference Center at Lone Star College–Tomball
30555 Tomball Pkwy.
Tomball, TX 77375
9:30-11:30 a.m.
Friday, August 9
Sign up for more information about these meetings and other flood information at the TWDB’s website.
Said Walker, “Your comments will help us craft programs that reflect the diversity and magnitude of the flood needs in Texas. We hope we will see you in August.”
Monitor Master Watershed Study
Additionally, the Kingwood area should closely monitor the San Jacinto River Watershed Master Drainage Plan currently underway. This study will be the critical document that guides future decisions (and funding) for large flood damage reduction projects upstream of Kingwood.
That includes more upstream detention like the Addicks and Barker Reservoirs. Additional detention was one of three critical remediation measures to help improve flood safety in the Lake Houston Area (detention, dredging and gates for Lake Houston – DDG).
Already some areas have been ruled out for additional detention because of new developments going in upstream. The study began last March after Houston, Harris County, Montgomery County and the SJRA obtained FEMA Hazard Mitigation Grant Program funds.
Posted by Bob Rehak on July 23, 2019
693 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/07/BCAeronautics-Oakhurst-West-1.jpg?fit=1500%2C1125&ssl=111251500adminadmin2019-07-23 19:26:512019-07-23 19:34:15Upstream Development Should Not Affect Kingwood Like It Affected Bellaire, But…
Judge Sets July 2020 Trial Date in Flood Case
Judge Lauren Reeder of the 234th Judicial District Court has set the trial date in the Elm Grove/North Kingwood Forest flooding case for July 13, 2020.
Background of Case
On May 7th of this year, heavy rains fell on 268 acres that had been clear cut by subsidiaries of Perry Homes (PSWA, Inc. and Figure Four Partners LTD.) and their contractors. Contractors working on the new development, Woodridge Forest, had not yet installed detention ponds to control the runoff. Approximately 200 homes flooded during the rain event.
Video shows that much of the water flowed down streets near Taylor Gully instead of flowing into the gully itself at a controlled rate as it should have. The defendants blamed the flooding on God. But the hydrology report prepared by LJA Engineering showed that the detention ponds in the development should have held more than a foot of rain, far more than actually fell that day. One issue in the case may be whether the developer acted negligently by clearcutting so much acreage before installing adequate detention.
Schedule Between Now and Trial Date
The docket control order issued by Judge Reeder also lays out the general order of events in the case. On or before:
On 6/29/20 at 1:30 pm, Judge Reeder has scheduled a docket call at which all parties to the case must be prepared to discuss every aspect of the case.
Judge Reeder also tentatively scheduled the trial for 7/13/2020.
To see the entire original docket order, click here.
Woodridge Village Construction Continues
Construction on the Woodridge Village development will continue during the pre-trial phase. This has some residents concerned. While the construction of detention ponds is encouraging, any flaws in the construction of the engineering plans will be set in concrete before the case goes to trial. If there are flaws, that could affect flooding for years to come.
Jeff Miller, an Elm Grove resident, reports that two more culverts have been added to Taylor Gulley where it bisects the northern and southern portions of Woodridge Village.
Posted by Bob Rehak on July 25, 2019 with help from Bill Fowler and Jeff Miller
695 days after Hurricane Harvey
All thoughts expressed in this post represent my opinions on matters of public policy and safety. They are protected by the First Amendment of the U.S. Constitution and the Anti-SLAPP statute of the great State of Texas.
Giving Rivers More Room: Who Wants to Give Up The Freedom to Flood?
A CBS 60-Minutes segment last Sunday brought into focus many thoughts I have been struggling to articulate since Hurricane Harvey. The segment featured an interview with a Dutch flood expert named Henk Ovink. Mr. Ovink has some impressive credentials and consults with other countries and cities around the world. At a strategic level, he looks at America and scratches his strikingly bald head. You can sum up his observations in a paragraph.
Simple Flooding Solution: Reimagine, Don’t Replace
Unfortunately, the 60-minutes segment is behind a pay wall. If you’re not a subscriber already, you can see many of the same thoughts in this 10-minute interview he did with the Canadian Broadcasting Company right after Hurricane Harvey and other massive floods in 2017.
Why Change is So Difficult
It’s not as if these are new ideas. We hear people talking about them ad nauseam – at conferences, on TV, in City Council chambers, in newspaper reports. Yet we never take action on them. As a result, homes and businesses flood repetitively. And people die. In contrast, no one has died in a Dutch flood since 1955, says Mr. Ovink.
This raises an obvious question.
The answer should be blindingly obvious, but isn’t … at least to Americans … and especially Texans, who believe in individual freedom and competition more than most.
If you take the time to watch Mr. Ovink’s other speeches and interviews on YouTube, you’ll get a hint. He talks a lot about the spirit of cooperation among the Dutch people. It’s not as if American’s don’t know how to cooperate. It’s that we don’t LIKE to cooperate – if there’s money to be made.
Cooperation Vs. Competition
From a sociological and psychological perspective, humans have two great survival strategies: cooperation and competition. You can see them built into our political fabric at every level, dating back to the U.S. Constitution. We built America on both. Fifty states work together to provide for things like a common defense. But we also have fifty states competing with each other for jobs, economic development, and the freedom to pursue different values.
The contradiction and tension between these two survival strategies defines the American mindset and American politics. Two local, recent examples:
Lessons from the Pursuit of Loneliness
As I reflected on this, it reminded me of a book I read in 1970, The Pursuit of Loneliness by Phillip Slater. For a sociology book, it became a blockbuster success. It sold more than half a million copies, a monster number at the time.
The example I remember best from Slater’s book, which I read almost 50 years ago, concerned migration to suburbs and exurbs. For thousands of years, Slater said, to be civilized meant to be citified. We love all the benefits of living in a city (like jobs, shopping, cultural and sporting events), but our dream is a ranch far out in the country that lets us escape. So we buy it, then lobby to build an eight-lane divided highway to it. Use up two to three hours a day commuting. And pollute the air along the way. We wake up years later only to find that we have destroyed the very lifestyle we we fought so hard to attain.
The book is filled with contradictions like this. For instance, when connectedness brings us happiness, why do we work so hard to live in walled-off homes? I highly recommend it.
Group Vs. Individual
This conflict between cooperation and competition, independence and interdependence, defines the contradictions in our ambitions, politics and lifestyles. It’s what makes America and Texas so insanely great. It’s also one of the things that makes flood mitigation so difficult and expensive. Our belief in individual rights blinds us to the obvious. Maybe we should just give the river room to flood by turning that flood plain property into communal parks that everyone can enjoy. But who will give up their river view? Or the freedom to flood?
Posted by Bob Rehak on 7/25/2019
695 Days since Hurricane Harvey
All thoughts expressed in this post are my opinions on matters of public policy. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP law of the great State of Texas.
Upstream Development Should Not Affect Kingwood Like It Affected Bellaire, But…
Two new subdivisions, Northpark Woods and Woodridge Village, made me worry about the impact of upstream development on Kingwood and the rest of the Lake Houston area. Could these developments overwhelm the capacity of our drainage ditches? Could they increase our chances of flooding? The consensus among flood professionals: It’s not likely. But they also qualify their answers. Here’s why.
Changes in Detention Requirements Over Time
In the past, upstream development definitely contributed to downstream flooding in places like Bellaire and Meyerland. But that was back before regulations in most cities and counties required detention ponds in new developments. In many cases, no detention was provided for a development because it simply wasn’t part of the requirements of the time.
I found that very comforting. However, we also have some challenges ahead to reduce flood risk.
Not All Counties Have Fill Requirements As Stringent as Harris’
As we’ve seen with the Romerica development, Harris County has stringent requirements about filling in floodplains. Not all surrounding counties have those same restrictions. Can we do anything about that?
Kingwood can certainly advocate among all areas upstream that drain to Lake Houston. For instance, take Montgomery County, Waller County, Grimes County, Walker County, San Jacinto County, and Liberty County. Those and associated incorporated areas (e.g., City of Conroe) should not only require detention for new developments, they should adopt drainage criteria and regulations similar to Harris County.
Problems in Harmonizing Flood Plain Regulations
This is a big ask for many areas that are looking to attract development and growth. The problem: Many places on the fringes of the City see lax regulations (or a reputation for lax enforcement) as a way to attract growth. The implied pitch to developers is, “Your costs will be lower here.”
Complicating matters, many residents of those counties moved away from the City because they like the freedom. You just have fewer people telling you what to do out in the country.
So expect political pushback.
Consider as Part of First Statewide Flood Plan?
Even right here in the Lake Houston area, we have widely varying flood plain regulations.
Fortunately, we have a forum to debate this: the new statewide flood plan authorized by SB8 this year. Harmonizing flood-plain regulations should be part of our first-ever statewide flood plan. The lack of harmony certainly contributed to many of our woes during Harvey – especially when it comes to flood plain developments like Northpark Woods.
Statewide Flood Plan Meetings Coming Up
The Texas Water Development Board (TWDB) is inviting interested Texans to attend one of 13 flood outreach meetings during the first two weeks of August. They will solicit comments on the new state and regional flood planning process and the new flood financing program, both established during the 2019 legislative session under SB8 and SB500.
Jeff Walker, Executive Administrator of the TWDB says the group is holding these meetings prior to the required formal rulemaking process to help ensure that the new programs meet the needs of Texas communities.
The flood planning program will result in regional flood plans in 2023 and the first state flood plan in September 2024. Intended to make drainage and flood projects more affordable for Texas communities, the flood financing program will be funded through a $793 million transfer from the Rainy Day Fund and will become available in 2020.
The 13 meetings are widely scattered throughout the state. The closest to the Houston area is in Tomball.
Sign up for more information about these meetings and other flood information at the TWDB’s website.
Said Walker, “Your comments will help us craft programs that reflect the diversity and magnitude of the flood needs in Texas. We hope we will see you in August.”
Monitor Master Watershed Study
Additionally, the Kingwood area should closely monitor the San Jacinto River Watershed Master Drainage Plan currently underway. This study will be the critical document that guides future decisions (and funding) for large flood damage reduction projects upstream of Kingwood.
That includes more upstream detention like the Addicks and Barker Reservoirs. Additional detention was one of three critical remediation measures to help improve flood safety in the Lake Houston Area (detention, dredging and gates for Lake Houston – DDG).
Already some areas have been ruled out for additional detention because of new developments going in upstream. The study began last March after Houston, Harris County, Montgomery County and the SJRA obtained FEMA Hazard Mitigation Grant Program funds.
Posted by Bob Rehak on July 23, 2019
693 Days since Hurricane Harvey