MoCo Judge Dismisses Lake Conroe Association Lawsuit Against SJRA With Prejudice

Judge Michael Mayes of the 284th Judicial District Court in Montgomery County filed an order today dismissing the Lake Conroe Association (LCA) lawsuit against the San Jacinto River Authority (SJRA). But the most significant part of the dismissal was the way he did it.

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.”

In April 2021, the Judge dismissed the case against the City of Houston for want of jurisdiction, but the case against the SJRA remained active until today.

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

Lake Lowering to Start as Peak of Hurricane Season Nears

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.

Lake Conroe Association Still Fighting

In the past, releases have been hotly debated. The Lake Conroe Association has sued the City and SJRA in Montgomery County District Court. The litigants have filed 80 documents totaling more than 2800 pages in the last 121 days. That’s more than 23 pages per day! Some of the plaintiff’s arguments border on ridiculous in my opinion.

  • LCA claimed the tax base and property values in Montgomery County would collapse because of the lake lowering. But they’ve gone up.
  • LCA also claimed that Lake Conroe could not refill itself in the summer months. But it has.
  • Finally, LCA alleges fraud when the City calls for the release of its own property.

Isn’t that kind of like a neighbor of a bank alleging fraud when a depositor makes a withdrawal?

To read all the documents yourself, go to the Montgomery County District Clerk’s website.

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…

“In terms of Accumulated Cyclone Energy (ACE), which measures the strength and duration of tropical storms and hurricanes, activity in the basin so far in 2021 is well above average at more than twice the climatological value.”

National Hurricane Center

If history is a guide, the four charts below from the NHC Climatology Page hint at what we can likely expect in the coming months.

We’re about to enter the month where the number of named storms starts to climb most rapidly. Remember, Harvey was an August storm. Source: NHC.

The fact that we only had one named storm in July (Elsa) is not unusual; it’s average. But keep in mind that Elsa was the earliest named “E” storm on record.

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.

Engineers Testifying for LCA are Electrical and Chemical, Not Civil

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.

From https://pels.texas.gov/roster/pesearch.html

“The Engineer Shall Not…”

Here’s why it is important. Note Paragraphs A and C below.

From Page 84 of PDF at https://pels.texas.gov/downloads/lawrules.pdf

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.

Seasonal Release from Lake Conroe, 529 cfs from one tainter gate open six inches.
SJRA Seasonal Release on 4/15/2020. One tainter gate open six inches released a slow, steady stream of 529 cfs.

Without the seasonal lake lowering policy, someone on either side of the dam would likely have flooded. Dam operators would have been forced to flip a coin to see who. But the seasonal lowering – about which the chemical and electrical engineers complained – helped protect everyone. No one, to my knowledge, flooded on either side of the dam due to river flooding.

Posted by Bob Rehak on 5/23/2021

1363 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.

LCA Claims “Seasonal Lake Lowering Policy Does Not Allow Lake Conroe to Refill Through Rainfall in Spring, Fall”

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.

This afternoon, I read the third supplement to the petition by the Lake Conroe Association (LCA) in its lawsuit against the San Jacinto River Authority (SJRA) and nearly busted a gut laughing. After a week where we received more than half the rain for the year so far, I needed the comic relief. And got it.

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.

Did they really mean to say that Lake Conroe is operated exclusively for MoCo residents when the City of Houston owns two thirds of the water in it?

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:

Could Dredging Costs Be The Real Issue?

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.

A Breather: Rain Mainly South of I-10 For Most of Day

Today, the Lake Houston Area may finally get a breather from non-stop storms that blanketed the area for the previous three days. That doesn’t mean that we won’t get more rain. And it doesn’t mean flooding is not possible. It just means streams and bayous may get a chance to drain.

According to Jeff Lindner, Harris County Meteorologist, “Light rainfall continues mainly south of I-10 across the area.”

RadarScope Pro as of 10:54AM Houston time shows a large complex of storms to Houston’s south and west. They are moving north but have been dissipating as they move past the I-10 corridor for most of the morning.

Says Lindner, “A complex of thunderstorms is moving well into the NW Gulf. Another moving offshore of south Texas will likely keep southeast Texas stable today with only passing light or moderate rain showers and those will mainly focus south of I-10. Additional showers and thunderstorms will be possible on Thursday and Friday with continued high moisture levels over the area. However, the activity looks more scattered in nature and not as organized or intense as the last 48 hours.”

Additional rainfall amounts of 1-3 inches can be expected over the next 48 hours with the higher totals likely focused south of I-10.

Jeff Lindner, Harris County Meteorologist

Rainfall In This Event Almost Half of Year’s Total So Far

My digital rain gage indicates that we’ve received almost as much rain in the last three and a half days as we have year to date. That’s 138 days.

Here’s a breakdown:

  • Year to date: 23.64 inches
  • March: 1.95 inches
  • April: 4.01 inches
  • May to date: 11.38 inches
  • May 16: 1.22
  • May 17: 5.57
  • May 18: 1.64
  • May 19 so far: 1.22

According to the National Weather Service, the normal cumulative precipitation for May (up to the 19th) is 3.12 inches. And the normal yearly precipitation through today is 16.42 inches. Before this is all over, we could skew those averages a bit. We’ve exceeded the monthly average to date by a factor of two in the last two days!

Two-day rainfall totals for most Harris County gages as of 5/19/2021 at 10AM.

Run-off

Run-off continues from the rainfall over the last 48 hours with widespread totals of 3-5 inches over much of the area and an isolated amount of 8.56 inches in the Huffman area. Here’s how that is affecting local rivers and streams.

Rivers and Stream

Creeks in the northwestern portion of Harris County remain elevated and in some cases near bankfull. So do the middle and upper portions of Cedar Bayou and the West and East Forks of the San Jacinto River. Creeks in the northwestern portion of Harris County will crest and slowly fall this afternoon while rises will continue along the West and East Forks of the San Jacinto River. Peach Creek at 2090 is flooding.

From Harris County Flood Warning System at 10am 5/19/2021
East Fork at New Caney should experience minor to moderate flooding in next five days.
West Fork at 59 should experience minor flooding in low lying areas by Saturday.
Peach Creek at FM290 is already out of its banks according to the Harris County Flood Warning System. As of 11 am, elevation was 99.1. A ten-year flood at this gage is 99.3.

Lake Report

Lake Conroe is at 201.64 feet (normal is 201) at this writing and and releasing 2,665 cubic feet per second. Notice that they no longer have a box for seasonal lowering. They now call that COH (City of Houston) Diversion. It’s not that they have discontinued the seasonal lowering; they’ve just changed the way they account for it, according to Jace Houston, SJRA’s general manager. When the Lake is above 201 and water is inbound as it is now, SJRA is allowed to release water without it coming from the City of Houston’s portion.

When the flood threat has passed, if and when the City calls to resume seasonal lowering, the rate will show up in the COH diversion box. SJRA seems to be trying to lay responsibility for any inconvenience to Lake Conroe boaters at the feet of the City of Houston, which has already been dismissed from the Lake Conroe Association lawsuit.

Meanwhile, Lake Houston is up about a quarter foot so far this morning, despite the flood gates being wide open.

As of noon on 5/19/21
How Lake Houston Levels have varied during the last 7 days. Graph shows up to noon on 5/19.

If rain during the rest of today remains light, SJRA may be able to avoid flooding people upstream and downstream, just as they did on May 1st, when the areas upstream from Lake Conroe received 8-10 inches of rain.

Flash Flood Watch Remains in Effect Through Thursday Morning

In the meantime, a flash flood watch remains in effect for the Houston region through tomorrow morning. Chance of precipitation is 60% this afternoon, going up to 90% this evening. NWS predicts up to 1.25 inches of rain today and up to .75 tomorrow for the Kingwood area.

As of this morning, here’s how White Oak Creek looks from the back yard of Woodstream Forest resident.

Photo from a video courtesy of Donald and Kristi Brown. Taken on 5/19/2021.

Posted by Bob Rehak on 5/19/2021 at Noon based on information from the NWS, HCFCD, Coastal Water Authority and SJRA

1359 Days since Hurricane Harvey

Floodwaters Converging Downstream on Lake Houston

As of Monday morning, the threat to Lake Conroe had passed, but now floodwaters from the rain soaked northwestern portion of the region are converging on Lake Houston. Here’s a roundup of what’s happening where.

Lake Conroe Going Down

The San Jacinto River Authority reduced its discharge rate to from 9275 cubic feet per second (CFS) to 8120 CFS as the level of Lake Conroe continued to recede, but the West Fork came out of its banks at US 59. The West Fork also began flooding Kingwood’s River Grove Park and the abandoned Noxxe Oil Fields between the river and the Forest Cove Little League Fields.

As of 5:09 pm on 5/3/2021

Lake Conroe Re-Opening With Caution

The SJRA issued a press release at 10:15 am. stating that Lake Conroe will reopen to normal lake traffic at noon Monday, May 3. However, boaters are still urged to use extreme caution due to floating debris and submerged objects that may not be fully visible. With submerged bulkheads, lake area residents should also be cautious of electrical outlets and equipment coming into contact with water.

SJRA is currently releasing water from the Lake Conroe dam to gradually lower the water level back to conservation pool of 201’, but SJRA must strike a balance between upstream recovery and downstream danger. For real-time information on Lake Conroe levels, releases, rainfall totals, or stream flows visit www.sjra.net. 

SJRA clarified that it intends to return Lake Conroe to 200 until June 1 per its seasonal lake lowering policy as soon as emergency operations restore it to 201. Normally, SJRA would begin recapture on June 1, not May 1. The seasonal release rate is much lower than the current rate.

Floodwaters Converging Toward South and East

Meanwhile, the glut of rainfall that inundated the northwest portions of Houston last week is starting to converging on areas downstream.

From Harris County Flood Warning System

As of 10:30 am, the San Jacinto East Fork is also way out of its banks at FM1485 and FM1485 is reportedly closed until Friday. That leaves one way in and out of Colony Ridge – FM2090.

The San Jacinto East Fork at FM2090 peaked overnight and is starting to recede, but is still out of its banks. The East Fork is not influenced by the Lake Conroe Dam, which is on the West Fork.

FM2090 at East Fork near Plum Grove on May 3, 2021 at noon.

FM2090 is still open, but Plum Grove resident Michael Shrader reported a steady line of traffic trying to get out of Colony Ridge up to 11:30 PM Sunday night. This underscores the need to develop alternate evacuation routes for the fast growing subdivision.

Meanwhile, the flood threat is receding at Peach Creek and FM2090.

Caney Creek at FM2090 is getting back within its banks.

And the West Fork, however, is still rising. By 9 a.m. (six hours after the hydrograph below) it was out of its banks at US59.

Flood Warning Remains in Effect for West Fork Until Further Notice

At 2:45 PM CDT Monday, the National Weather Service indicated the West Fork was 49.6 feet.

  • Flood stage is 49.3 feet.
  • Minor flooding is occurring and minor flooding is forecast.
  • Forecast…The river is expected to rise to a crest of 49.7 feet late this afternoon. It will then fall below flood stage late Wednesday morning.
  • Impact…At 49.3 feet, Minor lowland flooding begins in the vicinity of the gage. North side turnaround at US 59 begins to flood. Low points on Thelma Road, Aqua Vista Drive, and Riverview Drive begin to flood.
  • Flood History…This crest compares to a previous crest of 49.7 feet on 11/13/2008.

Here are photos taken along the West Fork this morning.

A young couple surveys rising floodwaters at the turnaround under the US59 bridge. The river bank is about a hundred yards in front of them at the sign in the background. This is the northwestern extent of Lake Houston.
A log jam forms from flood debris under the pedestrian bridge over the West Fork.
Floodwater had crept past the edge of Harris County’s Edgewater Park.
However traffic was still flowing on US59 in both directions.
About a third of the abandoned Noxxe Oil Field by the Forest Cove Little League fields was under water.
The soccer fields at River Grove were partially submerged. Yesterday they were mostly dry.
The boardwalk at River Grove was underwater except for the entrance.
There was no immediate threat to Kings Harbor though the dock was only inches above water.
As floodwaters work their way downstream, Lake Houston continues to rise. As of 5:30PM on 5/3, the lake is now up more than 1.6 feet and many docks are starting to go under.

No widespread flooding is expected in the Lake Houston Area. But people who live in low-lying areas or near the lake should take precautions.

Posted by Bob Rehak on 5/3/2021 based on information from NWS, HCFCD, Jeff Lindner, SJRA, Michael Shrader and personal observation

1343 Days since Hurricane Harvey and 592 since Imelda

SJRA Began Spring Seasonal Release on April 1

The San Jacinto River Authority (SJRA) began slowly releasing water yesterday afternoon to lower the level of Lake Conroe to 200 feet per the temporary seasonal release policy adopted more than a year ago. When the seasonal release began, the lake stood at 201.01 feet – its normal target level. By noon today, the level stood at 200.94 feet.

Screen capture of SJRA dashboard as of 4:50PM yesterday.

Community Impact claims the release started at 4:20PM on 4/1/2020.

These pictures show the release.

Start of SJRA spring release. What 450 cubic feet per second looks like.
The slow release is designed to help protect downstream interests.
Looking back toward Lake Conroe.

Lake Lowering Policy by the Numbers

In the spring, SJRA lowers the lake one foot, starting April 1 and begins recapturing water on June 1.

In the summer and fall, it’s a little more complicated. On August 1, SJRA releases water again to reduce the lake level back to 200. Beginning Sept. 1, they take the water down another six inches. But the City of Houston may call for it to be lowered another six inches (to 199) if a named storm is predicted in the Gulf.

Statistically, the peak of hurricane season is September 10. The lake-lowering policy builds additional capacity to absorb heavy rains that could threaten the dam, and help prevent massive releases that cause downstream flooding.

Upstream/Downstream Differences of Opinion

Downstream residents love the policy. They saw their communities destroyed during Harvey when the SJRA started releasing 80,000 cubic feet per second. Many Lake Conroe residents who flooded during Harvey also love the policy.

But some Lake Conroe residents feel inconvenienced and persuaded the Lake Conroe Association to file a lawsuit requesting a temporary restraining order to stop the lake lowering. A Montgomery County judge scheduled arguments in the lawsuit for April 16th, two weeks from now.

One resident who joined the suit claims the lower lake levels forced her to repair her bulkhead at a cost of $2000. And a bait shop owner claims he was driven out of business in 2018 when people couldn’t get their boats in the water.

But pictures taken during last year’s lowering show plenty of boaters having plenty of fun despite the lower level. Evaporation often takes the lake down partway to the target level anyway. So, the SJRA may only need to release inches rather than feet to reach its target level – especially in late summer.

Posted by Bob Rehak on 4/2/2021

1312 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.

Lake Conroe Association Applies for Temporary Restraining Order To Prohibit Seasonal Lowering of Lake Conroe

They’re baaaa-aaaack. Yesterday, less than a day before the SJRA spring seasonal lowering program was set to kick in, the Lake Conroe Association (LCA) applied for a temporary restraining order to prohibit it. The LCA also seeks a permanent ban on the entire program. For the complete text of their 30-page lawsuit, click here. For a summary, see below.

Seasonal Release from Lake Conroe, 529 cfs from one tainter gate open six inches.
SJRA Seasonal Release on 4/15/2020. One tainter gate open six inches releases a slow, steady stream of 529 cfs.

History of Lake Lowering Policy

After disastrous flooding during Hurricane Harvey in 2017, Governor Abbott instructed the SJRA to get into the flood mitigation business and identify strategies to reduce the risk of downstream flooding. The simplest, fastest, most effective strategy that required no grants, funding, design or construction was to lower Lake Conroe during the peaks of spring and fall flood seasons. This created an extra buffer against downstream flooding by creating extra capacity in the upstream lake.

The seasonal-lowering policy started in 2018 and continued in 2019. By late 2019 when the SJRA was getting ready to review the policy for another year, the Lake Conroe Association mobilized opposition in a major-league way. People came to SJRA Board meetings in busloads. There were so many that they couldn’t all get in the SJRA boardroom to be heard. So the next meeting was held in the Conroe Convention Center. Close to a thousand “Stop the Drop” protesters showed up. They argued that lowering the lake a foot was destroying businesses around the lake, undermining property values, destroying the local school system, and threatening the entire tax base of Montgomery County.

They also argued that Lake Conroe was never intended to be a flood control reservoir, and that the policy wasted water, produced no benefit, and had minimal effect. The current lawsuit makes many of these same hyperbolic arguments.

Allegations in Lawsuit

Below, see the major allegations in the seasonal-lowering lawsuit (italics) and my responses (normal text).

The SJRA and City of Houston are unlawfully discharging billions of gallons of water from Lake Conroe which causes it to remain below full capacity. However, a quick check tonight showed that the lake was actually above its normal capacity.

The Lake Conroe Dam is being operated contrary to state law. The operation was initiated at the request of the governor and approved by the TCEQ as an emergency measure while permanent downstream flood mitigation efforts could be put in place.

Lake Conroe Dam operation is contrary to the interests of the parties “for whom the lake is maintained, regulated and conserved.” The City of Houston paid for the construction of the dam and owns two thirds of the water in the lake. The operation benefits Houston residents and was requested by the Mayor of Houston. So I ask, “For whom is the lake maintained, regulated and conserved?”

The State is entitled to regulate water to protect its citizens’ health and safety. Isn’t that what the lake-lowering policy ensures?

Lake Conroe is not a flood control reservoir. Right! We’re trying to do the best with what we have.

The policy doesn’t conserve water. Right again! But it does conserve downstream property and lives. Somehow those got lost in the LCA arguments. For a list of Lake Houston Area damages during Harvey, click here.

Flood control is not permitted for Lake Conroe. But the TCEQ did permit it. And the TCEQ rejected an LCA appeal last year.

There’s no evidence that the policy works. Tell that to the people who didn’t flood in this storm.

The policy is not really temporary. Why was the policy enacted for three years then? It’s intended to allow safe completion of additional gates on the Lake Houston Dam.

The seasonal releases happen far in advance of a storm. Lake Conroe’s gates can release water 15 times faster. If a major storm approaches and a large release becomes necessary, it could overwhelm the gates on Lake Houston. The slow seasonal release safely reduces that risk.

Harris County Flood Control’s Harvey Report found the benefits of lowering Lake Conroe to be “negligible.” That’s a lie. The word negligible never appears in the report. And the lawsuit distorts the figures. It claims the Lake Conroe release accounted for at most 16% of the water going over the Lake Houston Dam. But it was one third of all the water coming down the West Fork where the vast majority of the damage occurred. The lawsuit allegation includes East Fork water to exaggerate its claim. The Lake Conroe Dam has no effect on East Fork flow. Also consider this. All by itself the Lake Conroe release during Harvey would have ranked as the ninth largest flood in West Fork history. Hardly negligible!

Petitioners continue to be affected in their rights to their use and enjoyment of Lake Conroe. Now we’re getting to the heart of the matter. But these photos show little impact on recreation even when the lake was lowered two feet.

Water released as part of a seasonal lowering will never be available for use. Rain replenishes the lake at no cost.

As of 8pm on 3/31/2021, Lake Conroe was at its normal “target level.” The SJRA lake lowering policy calls for lowering it one foot during April and May.

Without the TRO, Lake Conroe residents will have no adequate remedy to protect the “public’s interest.” Which public? The owners of the water? Or residents of Lake Conroe?

Lake Conroe Residents Don’t All Agree with LCA

Not all Lake Conroe residents agree with this petition. Though the petition gives no hint of that. Many who flooded during Harvey have previously testified that they want the lake lowered – permanently!

Exaggeration Upon Exaggeration

This lawsuit exaggerates. And that’s its biggest flaw. It sounds like the kid who tells the teacher “My dog ate my homework, right before a bus ran him over, and a 747 crashed into the bus. I tried to retrieve my homework, but the fire department washed it down the sewer. And now it’s floating in Lake Conroe where water skiers are tripping on it. That’s going to destroy home values on Lake Conroe and undermine the tax base of the school district. So you see, Teach, we have much bigger things to worry about. Like your salary and job security.”

For more about the seasonal lake lowering policy, click on this page.

Hearing Scheduled

It’s not clear yet how this lawsuit will affect the spring lowering of Lake Conroe scheduled to start Thursday. The lawsuit is scheduled for a hearing on 4/19/2021 in Montgomery County.

Posted by Bob Rehak on 4/1/2021

1311 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.

As of 7 a.m., Laura Predicted to Make Landfall at Sabine Pass as Cat 4 Hurricane

This update on Hurricane Laura is based on information from Harris County Meteorologist Jeff Lindner and the National Hurricane Center based on their 4 a.m. and 7 a.m. updates on Wednesday 8/26/2020.

Laura rapidly strengthening…now a 115 mph Category 3 hurricane, predicted to reach Cat 4.

Extremely dangerous hurricane will make landfall near Sabine Pass tonight with catastrophic impacts.

All preparations must be completed by 6:00 p.m. this evening.

Conditions will begin to deteriorate late this afternoon and evening over the region.

Rainfall predictions for the Lake Houston Area increased overnight. We could now receive up to six inches.

The Lake Houston Area now has a 60-80% chance of experiencing topical-storm-force winds from Laura.
Tropical-storm-force winds could arrive as early as mid-afternoon.
The most likely time, however, for the arrival of tropical-storm-force winds is later this evening.

Discussion 

Laura became a large and dangerous hurricane overnight with expansion of the wind field. USAF missions indicate the central pressure continues to fall. Winds are increasing. And Laura has experienced a 40 knot increase in winds in the last 24 hours. (A knot = 1.15 mph.) The eye of the hurricane is starting to clear out. Further rapid intensification is likely today.

The cone of uncertainty now shows Houston will NOT experience a direct hit from the storm, but we will still feel it. Effects from the Laura extend well outward from the center.
Track: 

The center of Laura should cross the coast near Sabine Pass, TX, near the Texas/Louisiana Border. Models have tightly clustered just either side of the state line. There is high confidence that Laura will make landfall in the areas between Sea Rim State Park and Cameron LA early Thursday morning. The hurricane should move rapidly northward, up the Sabine River Valley on Thursday. 

Given the fast forward motion, significant wind impacts will extend well inland along the track of Laura with wind damage likely extending 100-200 miles inland over eastern Texas and western Louisiana.

Intensity: 

Laura will pass over warm Gulf waters today and upper air conditions that favor intensification through landfall. The National Hurricane Center forecasts a category 4, 130 mph hurricane at landfall.

Hurricane force winds extend outward 70 miles from the center and tropical storm force winds 175 miles.

Wind damage and storm surge impacts will extend well beyond the center.

Jeff Lindner, Harris County meteorologist

Impacts

Storm Surge: 

Expect a catastrophic storm surge event over extreme SE TX and much of coastal Louisiana.

Strong north winds tonight may drive water levels along the north side of Galveston Island and Bolivar to elevated levels and water levels in the NW part of Galveston Bay may fall well below normal.

The following values are above ground level:

Galveston Bay: 1-3 ft

Bolivar: 2-5 ft

High Island to Sea Rim State Park: 6-9 ft

Sea Rim State Park to Intracoastal City (Including Beaumont and Lake Charles): 10-15 ft.

Large destructive waves will accompany storm surge.

Winds: 

West of I-45: 30-40mph

East of I-45: 45-55mph

Chambers, Liberty, Polk Counties: 50-65mph

Jefferson, Orange Counties and Lake Charles: 110-120mph

Higher gusts will occur in squalls. 

Hurricane-force winds currently extend outward up to 70 miles from the center and tropical-storm- force winds extend outward up to 175 miles.

The Harris County line is 75 miles from Sabine Pass; Lake Houston 80 miles.

Rainfall: 

West of I-45: 1-2 inches

East of I-45: 2-6 inches, isolated totals up to 8 inches.

Sabine River Valley: 8-12 inches

Overnight, rainfall predictions for the Lake Houston Area increased 2 inches. The six inches now predicted roughly equals the amount of rain the Lake Houston Area received on May 7th last year. Elm Grove residents: Please note: the volume of detention ponds now on Woodridge Village should be enough to protect you unless there is a design flaw.

The main rainfall threat comes from rapid, intense rains which can cause street flooding.

Actions

Complete all preparations by 6:00 pm this evening. Earlier the better.

If in evacuation areas, evacuate immediately…especially in the Beaumont and Lake Charles area.

Lake Report

Lake Houston as of 6:30 a.m. was at 41.17 feet (full pool 42.4). The Coastal Water Authority will continue releasing water from Lake Houston until it reaches 41 feet.

Lake Conroe is not releasing water and stands at 199.72 feet (full pool is 201).

For More Up-to-the-Minute Information

For the most up-to-date rainfall totals and water levels in bayous, creeks, and rivers, visit www.harriscountyfws.org. This system relies on a network of gage stations that have been strategically placed throughout Harris and surrounding counties.

Also visit the National Hurricane Center and the National Weather Service.

Posted by Bob Rehak at 7:12 a.m. on 8/26/2020 based on input from the National Hurricane Center and Jeff Lindner, Harris County Meteorologist.

1093 Days after Hurricane Harvey

Lake Houston Level Now Being Lowered in Advance of Hurricane Laura

Mayor Pro Tem Dave Martin announced at 4:31 p.m. Tuesday that Houston Public Works will initiate the temporary lowering of Lake Houston within the hour. The City made this decision after taking into account the fast-changing nature of Hurricane Laura. The Coastal Water Authority will lower Lake Houston to 41.0 ft from 41.59, another six tenths of a foot, which is 18 inches below full pool.

Laura should arrive late tomorrow or early Thursday as a Category 3 storm. Hurricane conditions are expected in Chambers and Liberty County – with 45-60 mph winds east of I-45 throughout the Lake Houston Area.

Floodgates on Lake Houston Dam photographed on 6/16/2020.

2 to 4 Inches Expected

The National Hurricane Center predicts that Hurricane Laura will bring 2 – 4 inches of rain to the Lake Houston Area in the next few days. Isolated areas could receive 6 inches. These rainfall amounts exceed the 3 inch trigger to lower Lake Houston, said Martin. 

Lake to Be Lowered Another 7.2 inches

As a result of these predicted rainfall amounts in addition to the rainfall that will be accumulated to our east, the Lake will be lowered gradually overnight from the current level, which is 41.6 ft down to an elevation of 41.0 ft. Six tenths of a foot is 7.2 inches.

The Lake will be maintained at a level of approximately 41.0 ft while there is an immediate inclement weather threat. Once that weather has moved out of our area, the Lake will be allowed to naturally refill from the storm’s runoff.

Some fluctuations in Lake level can be attributed to high winds so please keep that in mind when checking Lake levels.

Secure Shoreline Property NOW If You Have Not Already

Property owners were given notice Friday afternoon to secure property along the shoreline for a potential temporary lowering of Lake Houston. If you have not already done so now is the time to take action to secure your shoreline property.

Dave Martin, Mayor Pro Tem

The lake will be lowered at a cautious rate so as to not impact those living downstream. At the completion of this temporary lowering effort the total reduction in the level of Lake Houston from normal pool of 42.5 ft to 41.0 ft will be 1.5 feet. 

For More Information

Residents may monitor the lowering of Lake Houston by visiting the Coastal Water Authority website or visiting Mayor Pro Tem Martin’s Facebook page for updates from the District E office.

No Mention of SJRA

Martin’s press release made no mention of the SJRA or Lake Conroe. Lake Conroe, which is farther west should receive less rain than Lake Houston from Laura.

Posted by Bob Rehak on 8/25/2020 at 6 pm, based on a press release from Houston Mayor Pro Tem Dave Martin.

1092 Days after Hurricane Harvey