Save the date. On December 7, 2023, the Texas Water Development Board will consider a $50 million grant to the City of Houston for structural improvements to the Lake Houston Dam. The improvements will extend the life of the dam and enable rapid lowering of lake levels in advance of a flood.
The project, led by outgoing Houston Mayor Pro Tem Dave Martin and Chief Recovery Officer Stephen Costello, will benefit thousands of residential properties in the surrounding area.
Make sure the next mayor supports it. Get out and vote. Better yet, take your neighbors with you!
Background
The $50 million grant will complement funds from other sources including FEMA. The addition of new tainter gates will enable Lake Houston to shed water faster before and during storms, reducing the risk of flooding.
Until now, pre-releasing water has been risky. The old gates on the Lake Houston dam can release only 10,000 cubic feet per second. As a result, to significantly lower the lake, releases must start far in advance of a storm. But storms can veer away during that extended time. That increases the chances that the City could waste water.
After several years of study, the City has found that the optimal option would be to add tainter gates to the eastern, earthen portion of the dam. But the cost increased significantly compared to the crest gates initially favored.
Proposed location for new tainter gates.
Earlier this year, the Legislature set aside more funds for the new tainter gates and specifically directed the Texas Water Development Board (TWDB) to provide those funds. The TWDB’s executive administrator has recommended authorizing the funds. The Board just needs to approve them.
TWDB Board Meeting In Houston
The TWDB board will consider the approval at a rare Houston meeting at the Harris County Flood Control District in early December.
Date/Time: Thursday, December 07, 2023; 9:30 AM
Location: In person at 7522 Prairie Oak Drive Michael Talbott Pavilion, Harris County Flood Control District Service Center Houston, TX 77086
Visitors who wish to address the Board should complete a visitor registration card and attend the meeting in person. The Texas Open Meetings Act prohibits visitor participation by telephone only. The visitor registration card is available and should be completed and submitted by e-mail to Customer Service no later than 8:00 a.m. on December 7, 2023, or in person at the registration desk.
Large infrastructure projects like this depend on unwavering political support. Completion of this project could take until the NEXT mayoral election. In the meantime, make sure we elect a mayor who will support the Gates Project until then. Keep it moving forward.
In that regard, John Whitmire has already demonstrated his support. If you haven’t yet voted, make sure you do. Take your neighbors, too. And then walk around your block and knock on some doors. Keeping this project will depend on turnout in the current runoff election.
The last day for early voting is December 5th. Polls are open from 7 am to 7 pm except for Sunday when they open at noon. Your last chance to vote is on Election Day, December 9th. For complete election information, visit Harris Votes.
Posted by Bob Rehak on 12/1/2023
2285 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2023/10/20230812-RJR_2234-copy.jpg?fit=1100%2C733&ssl=17331100adminadmin2023-12-01 03:58:522023-12-01 04:05:48TWDB to Consider $50 Million Grant for Lake Houston Gates
I flew over Lake Houston this morning in a helicopter. I expected to see the barren lake bed in places like you could during the 2011 drought. However, much to my surprise, the lake was virtually full.
Coastal Water Authority Shows Lake Down Only 6 Inches
The Coastal Water Authority, which manages the lake for the City of Houston, shows Lake Houston is only down a half foot.
Water was lapping at the edge of the the spillway.
Lake Houston Dam spillway. Photo take 8/12/23 at approximately 10am.
SJRA Shows Lake Conroe Down About 15 Inches
Lake Conroe is down about 15 inches from its normal conservation pool (the target level). And it hasn’t released any water downstream toward Lake Houston in months. The SJRA’s dashboard shows
Luce Bayou InterBasin Transfer Canal Bringing the Water
So what’s keeping Lake Houston full? What is offsetting drought and evaporation?
A quick check of the gages on the Harris County flood warning system shows areas far upstream have gotten small amounts of rain. But the most water we saw moving all day was coming from the Trinity River via the Luce Bayou InterBasin transfer project.
Luce Bayou Inter-Basin transfer canal bringing water to Lake Houston from the Trinity River on 8/12/23 at 9 am.
Lake Conroe got enough rain to offset some evaporation but not enough to supply Montgomery and Harris Counties.
It’s nice to have backups for Lake Houston in a drought, especially widely scattered backups that can capture rain moving through different parts of the region.
Posted by Bob Rehak on 8/12/23
2174 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2023/08/20230812-RJR_1744.jpg?fit=1100%2C733&ssl=17331100adminadmin2023-08-12 18:56:222023-08-12 18:57:40Why Lake Houston Is So Full in a Drought
While no flooding in the Lake Houston Area is predicted at this time, the East and West Forks of the San Jacinto are swelling because of 5-9 inches of upstream rainfall–mostly to the north and northwest. As that stormwater works its way downstream, residents should be prepared to take action.
Cumulative rainfall totals including last three days. Note band of heavy rainfall up to almost 9 inches that will funnel down into the East and West Forks of the San Jacinto.
Meteorologists warned us that rainfall totals for Wednesday through Friday could creep upwards of 8-inches where cells started to train. And that is exactly what happened.
Since Wednesday, 7-9 inches of rain fell across southeast Grimes County and western Montgomery County into central Walker County. This caused significant rises on the upper and middle Spring Creek tributaries in northern Waller and southeast Montgomery Counties and Lake Creek. Rises are also ongoing along the West/East Forks of the San Jacinto River (see below).
The threat for additional heavy rainfall will shift south and east today.
Overall the trend in the Lake Houston Area for this afternoon, tonight, and Saturday will be for slowly decreasing rain chances and amounts.
Mainly San Jacinto Watershed Impacted
Because of frequent breaks and manageable rates in the rain, most watersheds have responded well. Getting 8 inches in three days is not as bad as getting 8 inches in three hours…especially when the grounds were so dry.
However totals have eventually piled up across northern Waller, western Montgomery, and central Walker Counties impacting mainly the San Jacinto River watershed.
Spring Creek:
Rises are ongoing along Spring Creek and its tributaries such as Mill, Walnut and Threemile Creeks. They are all producing high flows into Spring Creek from northern Waller, SE Grimes, and SW Montgomery Counties. While Spring Creek will rise today with these inflows, no significant flooding is expected. The channel capacity of the main creek is much larger and should be able to handle incoming inflows.
West Fork of the San Jacinto River:
Inflows will be moving down Lake Creek which has recorded 7-9 inches of rainfall across the upper headwaters of the basin in western Montgomery County as well as local inflow below Lake Conroe Dam and ongoing minor releases from Lake Conroe (around 6,000 cfs this morning). The river is expected to rise to near 48.0 ft over the weekend as upstream run-off moves downstream. This is currently about 1 ft below flood stage at Humble (US 59).
Upstream run-off from Walker and San Jacinto Counites will move downstream toward New Caney (FM 1485) and Plum Grove over the next few days. The river is currently forecasted to rise above flood stage late this weekend and potentially approach moderate flood levels late Sunday into Monday.
The upstream rainfall could impact FM 1485 and low lying areas near the river downstream of the SH 99/FM 1485 bridge crossing.
Jeff Lindner, Harris County Meteorologist
Lake Conroe Report
Lake Conroe released water all day yesterday at more than 6000 cubic feet per second (CFS). Today, the rate has slowed slightly to just under 6000 CFS. The lake level is holding steady at 202.54 feet as of 4/7/23 at 10:40 AM. That’s about a foot and a half above its normal level.
The San Jacinto River Authority adopted a compromise lake lowering policy. In April, May, September and October, they are lowering Lake Conroe a half foot WHEN the City of Houston requests it. The releases are not as great, nor are they automatic as in previous years.
Lake Houston
Lake Houston opened all its floodgates on Tuesday and has released water steadily throughout this event. The lake level was at 41.7 feet at 9:30 AM. Normal is 42.4. So the precautions seem to have paid off. But a test still lies ahead.
Posted by Bob Rehak on 4/7/23
2047 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2023/04/Rainfall-April-copy.jpg?fit=1894%2C1230&ssl=112301894adminadmin2023-04-07 11:09:502023-04-07 12:05:28Heavy Upstream Rainfall Now Working Its Way Down
All week long, meteorologists have predicted heavy rains starting on Wednesday, 4/5/23, through Friday, 4/7/23. This morning, guidance from Harris County Meteorologist Jeff Lindner indicated that the rainfall could be even heavier than previously predicted. Instead of widespread 2-4 inches, Lindner now predicts widespread 3-6 inches. Last night, ABC13 predicted up to a foot of rain in isolated places, especially north and west of US59, i.e., the San Jacinto Watershed.
Three day totals predicted by the National Weather Service on 4/5/23
Lake Lowering Began at Noon
As a result, the City of Houston began lowering Lake Houston today at noon.
According to Mayor Pro Tem Dave Martin, Houston Public Works, Coastal Water Authority, and San Jacinto River Authority have worked together closely over the last 24 hours to monitor local forecasts. Based on this morning’s forecast within the San Jacinto Watershed, the City decided to open the floodgates on the Lake Houston Spillway Dam.
Property owners should make arrangements to secure boats and other items along the shoreline.
City of Houston
Houston Public Works will keep the flashboard and tainter gates open throughout the inclement weather and Coastal Water Authority will continue storm operations allowing the inflow to pass through Lake Houston until the weather threat concludes.
SJRA NOT Lowering Lake Conroe Level
SJRA has confirmed they will NOT lower Lake Conroe. This will maximize the City of Houston’s lake-lowering efforts.
Atmospheric Squeeze
An approaching low-pressure system from the northwest will stall when it encounters a high-pressure system over the Gulf.
The two fronts will funnel moisture from both the Pacific and Gulf between them. That’s because in the Northern Hemisphere, high-pressure systems rotate clockwise and low-pressure systems rotate counterclockwise. So atmospheric moisture will be squeezed between them along a steady line for days. Think of meshed gears.
Because of dry grounds, moisture that falls during the first day will likely soak in. But after that, runoff rates will increase.
The areas receiving the most rainfall will likely be north and west of Houston, because that’s where the frontal boundary will likely linger longest.
Flooding Outlook
Street flooding will be a concern through Friday.
Says Lindner, “Smaller creeks, rural watersheds, and San Jacinto River system will be the most vulnerable to higher run-off flows. While widespread creek and bayou flooding is currently not expected, some watersheds may experience significant rises and a few locations potentially to flood levels. Any sustained training of heavy rainfall over any certain watershed for an extended period of time could result in flooding. It will be important to monitor rainfall amounts and locations through the period for any significant watershed responses.
Watch the following watersheds closely: Willow Creek, Little Cypress Creek, Cypress Creek (and Waller County tributaries), Spring Creek (and Montgomery/Waller County tributaries), Bear Creek, South Mayde Creek, Cedar Bayou, East/West Forks of the San Jacinto River, Keegans Bayou, Clear Creek, Halls Bayou.
For Current Information 24/7
Bookmark these links to monitor weather and lake conditions, especially if you live in low-lying areas with a history of flooding:
Harris County Flood Control District’s Flood Warning System tracks rainfall and monitors water levels in bayous and major streams on a real-time basis: https://www.harriscountyfws.org/
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2023/04/image001-1.png?fit=801%2C561&ssl=1561801adminadmin2023-04-05 12:09:312023-04-05 12:09:35Rainfall Predictions Increasing, City Lowering Lake Houston
Tomorrow is the fifth anniversary of Hurricane Harvey. Many in the Lake Houston Area have asked, “Are we safer now?” The answer is yes, but we have a long way to go to achieve all our goals. Here’s a five-year flood-mitigation report card. It describes what we have and haven’t accomplished in 29 areas. So get ready for a roller coaster ride. I’ll leave the letter grades to you.
Lake Houston Area Mitigation
1) Dredging
The most visible accomplishment in the Lake Houston Area since Harvey is dredging. The City and Army Corps removed approximately 4 million cubic yards of sediment blocking the West and East Forks. Before dredging, River Grove Park flooded six times in two months. Since dredging, it hasn’t flooded once to my knowledge.
West Fork mouth bar after Harvey and before dredging. Now gone, but not forgotten.
Potential location for new tainter gates east of the spillway portion of the dam (out of frame to the right.
3) Upstream Detention
To reduce the amount of water coming inbound during storms, the San Jacinto River Basin Master Drainage Study identified 16 potential areas for building large stormwater detention basins. Unfortunately, they had a combined cost of $3.3 billion and would only reduce damages by about a quarter of that.
So, the SJRA recommended additional study on the two with the highest Benefit/Cost Ratio. Their hope: to reduce costs further. The two are on Birch and Walnut Creeks, two tributaries of Spring Creek near Waller County. Expect a draft report in February next year.
Funding these would likely require State assistance. But the Texas Water Development Board’s San Jacinto Regional Flood Planning Group has just recently submitted its first draft report. The draft also recommended looking at detention basin projects on West Fork/Lake Creek, East Fork/Winters Bayou, and East Fork/Peach Creek.
Building them all could hold back a foot of stormwater falling across 337 square miles. But funds would still need to be approved over several years. We’re still a long way off. Results – on the ground – could take years if not decades.
4) “Benching”
The Regional Flood Planning Group also recommended something called “benching” in two places along 5 miles of the West Fork. In flood mitigation, benching entails shaving down a floodplain to create extra floodwater storage capacity. Like the detention basins, benching is still a long way off…if it happens at all.
5) West Fork Channel Widening
Finally, the Regional Flood Planning Group recommended widening 5.7 miles of the West Fork to create more conveyance. But again, at this point it’s just a recommendation in a draft plan.
San Jacinto River Authority
6) SJRA Board Composition
After Harvey, many downstream residents accused SJRA of flooding downstream areas to save homes around Lake Conroe. At the time, SJRA’s board had no residents from the Humble/Kingwood Area. So Governor Abbott appointed two: Kaaren Cambio and Mark Micheletti. Cambio later resigned due to a potential conflict of interest when she took a job with Congressman Dan Crenshaw. That leaves Micheletti as the lone Humble/Kingwood Area resident on a seven-person board. However, the SJRA points out that the Board’s current president, Ronnie Anderson, represents Chambers County, which is also downstream.
State Representative Will Metcalf, who represents the Lake Conroe area, introduced a bill to limit SJRA board membership to upstream residents. Luckily for downstream residents, it failed.
7) Lake Conroe Lowering
SJRA identified temporary, seasonal lowering of Lake Conroe as a strategy to reduce downstream flood risk until completion of dredging and gates projects in the Lake Houston Area. The lowering creates extra storage in the lake during peak rainy seasons. After SJRA implemented the plan, Lake Conroe residents objected to the inconvenience. They sued SJRA and the City, but lost. After discussion with all stakeholders, the SJRA quietly modified its plan. It still lowers the lake, but not as much.
8) Lowering Lake Houston
Houston also started lowering Lake Houston, not seasonally, but in advance of major storms. The City has lowered the lake more than 20 times since beginning the program. That has helped to avoid much potential flooding to date.
9) Lake Conroe Dam Management
SJRA applied for and received several TWDB grants to enhance flood mitigation and communications in the San Jacinto River Basin. One involves developing a Lake Conroe Reservoir Forecasting Tool. SJRA has also worked with San Jacinto County to develop a Flood Early Warning System.
Finally, SJRA’s Lake Conroe/Lake Houston Joint Reservoir Operations Plan is on hold pending completion of the City’s plan to add more gates to the Lake Houston dam. Such projects may help reduce the risk of releasing unnecessarily large volumes of water in the future.
However, the location is controversial. Geologists say it wouldn’t reduce sediment in the area of greatest damage. Environmentalists worry that it could increase sedimentation through a “hungry-water” effect and open the door to river mining. And I worry that, even if successful, the pilot study would not be extendable. That’s because it relies on partnerships with sand miners. And other tributaries to Lake Houston do not have sand mines or as many sand mines.
Sand bar blocking West Fork after Harvey. The Corps has since removed it.
Federal Funding
It’s hard to get good grades on your flood mitigation report card without funding.
$1.6 million for HCFCD for Taylor Gully stormwater channel improvement.
$1.6 million for HCFCD for Kingwood Diversion Channel improvement.
$1.67 million for Harris County for the Forest Manor drainage improvement project in Huffman.
$8.2 million from FEMA the Westador Basin stormwater detention project on Cypress Creek.
$9.9 million from FEMA for the TC Jester storm water detention basin on Cypress Creek.
Crenshaw also has backed community requests for more funding in Fiscal 23. They include:
$8 million for the Lake Houston Dam Spillway (Gates).
$10 million for the Woodridge Stormwater Detention Basin (see below).
$10 million for a Cedar Bayou Stormwater Detention Basin.
Harris County Flood Control
19) Channel Maintenance and Repair
Harris County Flood Control has already completed several maintenance projects in the Lake Houston Area. In Kingwood, those projects include Taylor Gully, Ben’s Branch, parts of the Diversion Ditch and other unnamed ditches. In Atascocita, HCFCD also completed a project on Rogers Gully. Upstream, HCFCD is working on the third round of repairs to Cypress Creek. Batch 3 includes work at 12 sites on 11 channel sections. I’m sure the District has maintenance projects in other areas, too. I just can’t name them all.
Bens Branch near Kingwood High School after sediment removal.
In 2019, uncontrolled stormwater from the Woodridge Village development twice flooded approximately 600 homes in Elm Grove Village and North Kingwood Forest. HCFCD and the City purchased Woodridge from Perry Homes last year. HCFCD soon thereafter started removing sediment from the site to create a sixth stormwater detention basin that would more than double capacity on the site. At the end of last month, contractors had removed approximately 50,000 cubic yards out of 500,000 in the contract. This gives HCFCD a head start on excavation while engineers complete the basin’s final design.
21) Local Drainage Study Implementation
HCFCD authorized four studies of the drainage needs in the Lake Houston Area. They completed the Huffman and Kingwood studies. Atascocita and East Lake Houston/Crosby started earlier this year and are still underway.
The Kingwood study measured levels of service in all channels and outlined strategies to improve them to the 100-year level. The first two projects recommended: Taylor Gully and the Kingwood Diversion Ditch. Neither has started construction yet. But see the notes under funding above.
The Huffman Study recommended improvements to FM2100, which TxDOT will handle. It also recommended dredging in the East Fork near Luce Bayou which the City has completed. Finally, it recommended a bypass channel for Luce. However, pushback from residents forced cancellation of that project.
22) Buyouts
HCFCD completed buyouts of 80+ townhomes on Timberline and Marina Drives in Forest Cove last month. Contractors demolished the final run-down complex in August. That should improve property values in Forest Cove.
Completion of demolition of one of the last Forest Cove Townhome Complexes in July 2022.
23) Regulation Harmonization
Harris County Flood Control and Engineering have been working to get municipalities and other counties throughout the region to adopt certain minimum drainage regulations. I discussed the importance of uniformly high standards in last night’s post. So far, about a third of the governments have upgraded their regs. A third are still deciding whether to act. And the remainder have taken no action. There has been little movement in the last six months.
City of Houston
As mentioned above, the City has taken a lead role in dredging, adding gates to Lake Houston, and proactive lake lowering. In addition, the City has helped with:
24) Bridge Underpass Clean-Out
The City of Houston successfully cleaned out ditches under Kingwood Drive and North Park Drive in at least six places. Bridges represent a major choke point during floods. So eliminating sediment buildups helps reduce flood risk in areas that previously flooded.
Excavation of Bens Branch under Kingwood Drive by City crews.
The lowest score on the flood-mitigation report card probably goes to LSGCD.
26) Subsidence
The Lone Star Groundwater Conservation District has started pumping groundwater again at an alarming rate. Projected subsidence near the Montgomery County Border equals 3.25 feet, but only 1 foot at the Lake Houston dam. That could eventually tilt the lake back toward the Humble/Kingwood/Huffman area and reduce the margin of safety in flooding. That’s bad news.
Sand Mining Regulations
Twenty square miles of West Fork sand mines immediately upstream from I-69 have exposed a swath of floodplain once covered by trees to heavy erosion during floods. Mathematically, the potential for erosion increased 33X compared to the normal width of the river. Sand mines were also frequently observed releasing sediment into the river. And the dikes around the mines often wash out.
So in 2019, the Lake Houston Area Grassroots Flood Prevention Initiative (LHAGFPI) began meeting with legislators, regulators and the Texas Aggregate and Concrete Association (TACA). The goal: to establish comprehensive Best Management Practices (BMPs) for the sand mining industry in the San Jacinto River Basin.
27) Mine Plan/Stabilization Reports Now Required
TCEQ adopted new regulations, effective January 6, 2022. They required miners to file a ‘Mine Plan’ by July 6, 2022 and also a ‘Final Stabilization Report’ when a mine is played out.
28) Vegetated Buffer Zones (Setbacks)
The new regs also stipulate undisturbed vegetative buffer zones around new mines. Buffer zones aid in sediment filtration and removal by slowing surface water. They also strengthen dikes.
The new regs require a minimum 100-foot vegetated buffer zone adjacent to perennial streams greater than 20 feet in width. However, for streams less than 20 feet wide, the buffer zone is only 50 feet for perennial streams, and 35 feet for intermittent streams.
29) Reclamation Bonds
Unfortunately, the Flood Prevention Initiative could not convince TCEQ to require ‘reclamation bonds.’ Other states use such bonds to prevent miners from abandoning mines without taking steps to reduce future erosion, such as planting vegetation.
My apologies to any projects or parties I omitted. Now it’s your turn. Give grades to those you think have done the best job on YOUR Harvey flood-mitigation report card.
Posted by Bob Rehak on 8/26/22
1823 Days since Hurricane Harvey and one day from Harvey’s Fifth Anniversary
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2021/04/20210416-DJI_0406.jpg?fit=1200%2C900&ssl=19001200adminadmin2022-08-26 22:09:382022-08-27 12:10:28Harvey: A 5-Year Flood-Mitigation Report Card
Lake Conroe Association contended that the SJRA’s lake lowering policy amounted to a “taking” of residents’ property.
The City of Houston and SJRA contended that the water at issue did not belong to lakefront homeowners. It belonged to the State of Texas and the City. Therefore, the Lake Conroe Association had no basis for a “takings” claim.
Sources close to the process said that before the matter was heard on appeal, the LCA realized it would never win. So its leaders decided to drop the case and avoid more legal fees.
Clearing the Way for Lake-Lowering Policy to Remain in Effect
This reduces chances of another devastating release that floods downstream residents during a major storm, such as Hurricane Harvey. The SJRA released 79,000 cubic feet per second during Harvey, one third of all the water coming down the West Fork between Humble and Kingwood.
2022 Version of Lake-Lowering Policy is a Compromise
Over time, the SJRA has reduced the amount of lowering in its policy. Currently, the spring lowering is one-half foot below 201 during April and May, the level of the conservation pool in the lake. Originally, it was one full foot below 201. Most people call that the “normal” level. However, the mean level of Lake Conroe is below that about two-thirds of the time. (See last table below.)
Current Lake Conroe Level
Evaporation and low rainfall currently have Lake Conroe at 200.8, or about 3 inches above the new seasonal target level and 3 inches below the conservation pool.
Currently Lake Conroe’s level is at 200.8 feet and the City of Houston (COH) has not called to lower the lake further.
A close reading of the policy reveals that for the lake lowering to begin, the City of Houston must call for the water.
Below-Average Rainfall Has Delayed Need for Spring Release
However, below-average rainfall for the last two months has delayed the need for a spring release from Lake Conroe this year. Much of the state is now in drought.
Montgomery and northern Harris Counties are currently rated as “abnormally dry.”Southern Harris, Fort Bend and Waller Counties all have “moderate drought.”
Jace Houston, general manager of the SJRA, said, “We haven’t had a big rain in a long time and there’s no significant rain in the foreseeable future. The feeling is that evaporation will soon take the lake down to the target level. The City of Houston must initiate the lowering. If we get a lot of rain, we’ll start releasing again.”
Time for Healing
In addition to reducing the spring lake lowering, the 2022 policy lowers Lake Conroe to 200.5 in August and 200 in September – both a half foot higher than the original policy.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/04/LC-Dam.jpg?fit=1500%2C686&ssl=16861500adminadmin2022-04-22 15:48:402022-05-20 12:56:47Case Finally Closed on Lake Conroe Association Lawsuit against City, SJRA
Judge Mays dismissed the case WITH PREJUDICE FOR WANT OF JURISDICTION.
Meaning of “With Prejudice” and “Want of Jurisdiction”
“With prejudice” means that the plaintiff cannot refile charges in another court. Basically, the court is saying that it found the case meritless. One lawyer told me, “It’s like saying, ‘Don’t waste the court’s time anymore.'”
The massive floodgates on Lake Conroe (above) have 15X the release capacity of Lake Houston’s. The seasonal lake lowering program was conceived in part as a way to give Lake Houston more time to shed water in advance of major storms.
Re: Plea to the Jurisdiction, according to the website Houston Courts and Cases, “In Texas…A plea to the jurisdiction can challenge either the sufficiency of the plaintiff’s pleadings or the existence of jurisdictional facts.”
The ruling means that the SJRA’s Seasonal Lake Lowering Plan may remain in effect.
Purpose of Lake Lowering Plan
The Seasonal Lake-Lowering Plan was conceived shortly after Harvey as a way to provide an extra measure of flood protection for the Lake Houston Area while it implemented other flood-mitigation measures such as dredging and additional gates for the Lake Houston spillway. By creating extra storage capacity within Lake Conroe during the wettest months of the year, the SJRA hoped to reduce the risk associated with another massive release like the 79,000 cubic feet per second during Harvey. By itself, that was the ninth largest flood in West Fork history.
2800 Pages of Legal Briefs Come to a 102-Word End
The Lake Conroe Association pulled out the stops for this lawsuit. It filed approximately 2800 pages of legal briefs in four months, ran out of money, and started begging with residents to donate more so it could continue the fight. Today’s ruling will put an end to that.
Reality repeatedly contradicted the LCA’s factual claims. LCA claimed:
Home values around Lake Conroe would plummet because of the plan. They increased.
The school district would run out of money. It didn’t.
Nature would not be able to recharge the lake after a lowering. It did. Repeatedly.
Lake Conroe was not conceived as a flood-control lake. Flood control is a key element of SJRA’s charter.
The lowering would not help protect people in the Lake Houston Area. It did.
The City of Houston committed fraud … by calling for the release of its own water.
In contrast to (or maybe because of) the 2800 pages of legal briefs, today’s court order was mercifully brief – 102 words.
“On this 30th day of August, 2021, came on before the Court San Jacinto River Authority’s Plea to the Jurisdiction, and after considering same, all Answers, Responses, Replies, pleadings, stipulations, evidence, affidavits and attachments filed by the parties, all statutory and caselaw authorities, and all arguments relating thereto, the Court was of the opinion that the following Order should be entered; it is therefore ORDERED, ADJUDGED AND DECREED that San Jacinto River Authority’s Plea to the Jurisdiction be, and it is hereby, GRANTED AND SUSTAINED, and that the above Cause be, and it is hereby, DISMISSED WITH PREJUDICE FOR WANT OF JURISDICTION.”
Now a Meaningful Dialog Can Begin
I’m sure this must come as a bitter blow for some residents of Lake Conroe who supported the long court battle. But perhaps some good will come from the clarity that now exists.
Hopefully, this will open the door to reasonable people who wish to craft a long-term joint management plan for both Lake Conroe and Lake Houston. The people of this region are inextricably bound together by the need to balance water and flood control. Perhaps now we can start a meaningful dialog that addresses both.
Posted by Bob Rehak on 8/30/2021
1162 Days since Hurricane Harvey
00adminadmin2021-08-30 15:56:522021-08-30 15:59:58MoCo Judge Dismisses Lake Conroe Association Lawsuit Against SJRA With Prejudice
According to its lake lowering policy adopted last year, the San Jacinto River Authority (SJRA) should start to drop the level of Lake Conroe this weekend.
Text of Lake-Lowering Policy
The lake-lowering policy states:
“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.”
As of 5PM Friday, 7/30/21, Lake Conroe stood at 200.87 feet. The only release from the lake was the water feeding the SJRA water treatment plant to supply drinking water to area customers (GRP Diversion).
Before the SJRA can lower the lake, however, the City of Houston (COH) must call for the lowering to start. And according to a spokesman in Mayor Pro Tem Dave Martin’s office, the City has called for the release to start.
The City owns two thirds of the water in the Lake and the release will come out of the City’s portion. When the numbers in the box labeled “COH diversion” on the SJRA’s dashboard increase, you’ll know the seasonal release has started.
Judge Mike Mays set a hearing date for Tuesday, August 24, 2021 at 2PM.
Approaching Peak of Hurricane Season
So how is this hurricane season going so far?
The National Hurricane Center (NHC) predicts no tropical activity anywhere in the Atlantic basin for the next five days. That includes the Gulf of Mexico.
However, we’ve already had five named storms this year. And NHC observes…
This chart shows the distribution of storms throughout the season. The peak happens from mid-August to late October.Galveston, Harris, Brazoria, and Chambers Counties get the most hurricane strikes in Texas.Hurricane Strikes in Continental US by State and By Year since 1950
All in all, the Atlantic this time of year is like a casino. You have to play the odds. And that’s what the temporary seasonal lake lowering policy is designed to do – reduce the risk of huge property losses by creating extra capacity in Lake Conroe to help offset heavy rainfall and the need for large releases.
Posted by Bob Rehak on 7/30/21
1431 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/2021/07/cum-average_Atl_1966-2009.gif?fit=1350%2C791&ssl=17911350adminadmin2021-07-30 17:20:522021-07-30 17:47:21Lake Lowering to Start as Peak of Hurricane Season Nears
Yesterday’s post cited the testimony of two “licensed professional engineers” in the State of Texas who claimed that Lake Conroe could not refill from rainfall in the Spring or Fall after being lowered one foot to provide an extra margin of safety, which helps prevent flooding homes on both sides of the dam. However, the lake did refill…and then some…within two days after the Lake Conroe Association (LCA) filed their affidavits in its lawsuit to prevent the seasonal lowering.
Deeper investigation reveals that neither engineer is a civil engineer. One is an electrical engineer and the other a chemical engineer.
Paragraph A states that engineers shall practice only in their areas of competence.
Paragraph C states, “The engineer shall not express an engineering opinion in deposition before a court … which is contrary to generally accepted scientific and engineering principles without fully disclosing the basis and rationale for such an opinion.”
There was no such disclosure in their affidavits.
In fairness, the engineers also testified as residents and they had more concerns than flooding.
However, both:
Cited their professional credentials at the start of their affidavits – without disclosing their areas of expertise.
Drew the same conclusion about the inability of the lake to refill through rainfall – without stating the basis of their conclusions.
Mr. Elliott has retired and his license is inactive. Mr. Waitts’ license is still active.
Background
Only two days after LCA filed the engineers’ affidavits, rainfall raised the lake level two feet above normal, and threatened homes and businesses. SJRA had to release water at almost 10,000 CFS to avoid flooding them.
SJRA Seasonal Release on 4/15/2020. One tainter gate open six inches released a slow, steady stream of 529 cfs.
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/2020/04/Release-529-cfs-pic1.jpg?fit=1200%2C900&ssl=19001200adminadmin2021-05-23 13:54:142021-05-23 13:59:25Engineers Testifying for LCA are Electrical and Chemical, Not Civil
Never says never. Especially in a lawsuit. It didn’t take long to disprove that claim! Two days after LCA filed the claim on April 28th, the SJRA had to open its gates to keep Lake Conroe homes and businesses from flooding. And they are still releasing water…three weeks later.
SJRA Dashboard as of 6pm Friday night, 5/21/2021. Normal level is 201. Despite near constant releases this month, the lake’s level has remained above average.
Two licensed professional engineers – with more than 80 years of experience between them – filed affidavits. They claim that the SJRA’s seasonal lake lowering policy “does not allow Lake Conroe to refill through rainfall in the Spring and Fall.” Their claim is repeated over and over again in affidavits by others.
Lake Conroe Association’s Third Supplement to its Original Petition
SJRA Forced to Go Beyond Seasonal Lowering to Avoid Flooding
Twice this month, the SJRA has had to release water from Lake Conroe above and beyond the seasonal lowering policy to prevent flooding. After the May Day event, they released almost 10,000 cubic feet per second (CFS) for several days to keep the homes and businesses around Lake Conroe from flooding.
The boats are in slips, but the docks are underwater. Near Monty’s Lighthouse and Fajita Jacks on Lake Conroe on 5/1/2021, when the water level exceeded 203 feet halfway through the Spring seasonal lowering.
The rains this week have been more spread out, but the SJRA still had to release almost 3,000 CFS most days to reduce flood risk around Lake Conroe.
Engineers rarely deal in absolutes. They deal in extremes and qualify almost everything they say. But these intrepid professionals stepped over the edge on the far side of reality. Mother Nature always gets the last word.
One of Many Exaggerated Claims
The LCA lawsuit seeks to stop the SJRA’s seasonal lake lowering policy. The “refill” claim is just one of many exaggerated claims that LCA has made.
This lawsuit overflows with self-destructive claims and internal contradictions.
Say That Again!
The latest filing claims that the Lake Conroe Association has the authority to speak for all of its members because LCA feels it proved actual or imminent damages to at least one of its members. In logic, they call that “the fallacy of generalization.” I know at least one influential member of LCA who disagrees vehemently with the lawsuit. So which of those two individuals should we listen to?
LCA also asserts that the Association’s rights are “in every practical sense identical” with “its members.” Its interests, however, may not be.
Some may not find flooding enjoyable.
In its original petition, LCA claimed that its purpose was “over-seeing, directing, initiating, and promulgating programs that directly affect the control, use, and enjoyment of Lake Conroe…” Had it not been for the seasonal lake lowering policy, many homes and businesses upstream or down would likely have flooded after the May Day rains.
In the same sentence about enjoyment, LCA also claims that Lake Conroe is operated exclusively for the benefit of the citizens of Montgomery County, Texas.
At one point, the lawsuit claims the sole purpose of Lake Conroe is to supply drinking water. But most of LCA’s complaints refer to lost recreational opportunities.
The second supporting document LCA filed sought relief for irreparable damages but did not specify what those were. Previously LCA members have complained about:
But LCA’s latest filing reveals what could be the real issue here: dredging. Reportedly, the former president of the LCA had shallow water next to some lakefront property he was trying to sell. But with the water lowered, shallowness made the property less marketable.
Shallow water especially impacts residents at the north end (headwaters) of the lake.
Some LCA affidavits claim that access channels to the lake have been cut off by siltation. This latest filing references dredging in numerous places.
Wildwood Shores claims the estimated cost to dredge area canals exceeds one million dollars. They have hired an engineering company to set up a multi-year dredging plan that would spread out the costs. But they worry that the costs may still not be affordable. Dredging companies have explained the costs of dewatering the dredged materials; hauling them out of the floodplain; and the Army Corps’ permitting process.
Residents from Wildwood Shores, an area without fire hydrants, also claim that the Sam Houston National Forest could burn down if a house fire gets out of control and the local fire department can’t find a way to draw water from the lake.
I wonder if they’ve compared the cost of dredging to putting in a water well and tank from which tanker trucks can refill. I googled “cost of water tanks” and quickly found one that holds 90,000 gallons for $35,000. That’s a lot less than a million dollars for dredging. And the capacity would be enough to fill up at least 30 of the tanker trucks they reference in the lawsuit. The engineer who filed that affidavit didn’t explore that option. Perhaps because he had something else in mind…like boating, for instance.
Let’s Focus on the Real Issues and Work Together
I’m not trying to minimize the:
Loss of recreational opportunities
Inconvenience of silt
Expense of dredging.
We in the Lake Houston Area have been grappling with those same issues…on top of the flooding that silt dams contribute to. They are all real.
But making claims that are false at face value; inventing one doomsday scenario after another; and ignoring reasonable, cost-effective alternatives only undermine your own credibility.
Keeping water high is a temporary solution at best. Eventually, silt will pop up all around Lake Conroe. Especially after heavy rains.
Until you start enforcing regulations that reduce the effects of egregious development (including sedimentation) and form a Flood Control District to help dredge, this problem will dog you.
Realize that we’re all in this together – upstream and down. Let’s focus on ways to mitigate our mutual problems, not fight each other for a temporary advantage.
Posted by Bob Rehak on 5/22/2021
1362 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/2021/05/Docks.jpg?fit=1200%2C800&ssl=18001200adminadmin2021-05-22 14:46:132021-05-22 18:25:20LCA Claims “Seasonal Lake Lowering Policy Does Not Allow Lake Conroe to Refill Through Rainfall in Spring, Fall”