Two Images Explain Why We Need a Watershed-Wide Flood Agency

6/9/25 – While re-reading the final version of the state flood plan recently I came across two images that explain why we need a watershed-wide flood agency. Unfortunately, a bill to create one, HB2068, died in the House Natural Resources committee this session.

Floodplain-Management Practices and Enforcement in Texas

The first image shows the level of (self-reported) floodplain management practices for every county in the state. I’ve circled the general area of the San Jacinto River Basin. Note how most of the counties draining into Harris County (dark blue in center of oval) report lower levels of floodplain management practices than those in Harris County itself.

Now look at the levels of floodplain regulation enforcement. Again, most of the counties draining into Harris County (dark red in oval) report lower levels of enforcement.

Critically, the levels in Montgomery County are “unknown” in both maps.

That doesn’t make them non-existent. It likely means one of two things: 1) they weren’t enough of a priority for the county to respond to the survey. Or 2) the county did not know whether/when Commissioners Court would approve its new drainage regulations.

MoCo still has not adopted comprehensive new drainage recommendations since the 1980s despite some of the fastest growth in the region. The drainage criteria manual currently posted is dated 2019, but contains only minor updates to 1989 regulations.

Valid Reasons for Drainage Regs to Differ

Valid reasons exist for drainage regulations to vary. Take for instance rainfall rates and land use. Rainfall rates generally decline as you go north and west from Harris County. And land use varies from an ultra-dense urban environment to forests, prairie and agricultural.

Regardless, within a river basin, people are inextricably bound together by water that does not respect jurisdictional boundaries. And we need to find ways of living together that respect growth, change and property rights, while also respecting neighbor’s rights to safety.

What our neighbors upstream do affects us, just as what we do affects our neighbors downstream.

Society establishes rules that help people live together without destroying each other. Consider rules of the road, property rights and criminal law for instance.

Would you say it’s OK for a neighbor to throw their trash on your property because they don’t want to pay to haul it away?

Most homeowners would say no. But illegal dumping happens all the time. Just like a few bad-apples want to dump their excess stormwater on your property.

Individual Rights vs. Common Good

People don’t want other people telling them what to do. Especially Texans. And that’s why Texas more people live in floodplains than the entire populations of 30 states.

We need to find solutions that respect individual rights and the common good. Philosophers have debated those extremes for more than 2000 years, dating back to Plato and Aristotle. But from a psychological point of view, it’s probably safe to say that it’s usually someone else’s problem … until it happens to you.

And eventually, the way Texas is growing, someday it will. As Houston grows outward, so do our flooding problems. And those problems are almost impossible to fix after the fact. That’s why we need a watershed-wide flood agency.

To educate. And to promulgate sensible solutions in concert with County Engineering Departments or Flood Control Districts. Local authorities would then be free to accept or reject those solutions based on the will of their constituents.

Posted by Bob Rehak on 6/9/2025

2841 Days since Hurricane Harvey

Dredging District Bill Passes Unanimously in Senate

5/28/25 – HB1532, the Lake Houston Area Dredging District Bill, passed unanimously in the Texas Senate tonight, 31-0.

“My first thought after I saw this passed was that it was a victory for Kingwood,” said Representative Charles Cunningham who pushed the idea of a dredging district relentlessly for years.

Today is the last day of the legislative session that the Senate considers bills. So it was do-or-die time. And Senator Brandon Creighton teed the bill up perfectly with the help of Senator Paul Bettencourt who shepherded the bill through his Local Government Committee.

Now, it’s on to the Governor’s desk. The good news: shortly after Harvey, Governor Abbott visited Kingwood. He flew up and down the West Fork. He personally saw the mouth bar and other sediment buildups in our rivers and streams.

After his helicopter landed, he issued seven directives designed to reduce flood risk in the Lake Houston Area. And this is a huge step in that direction. So, he should be onboard.

Congratulations

Thank you to all those who wrote letters, testified in Austin, and never gave up hope for a dredging district. It was a true team effort between residents who never forgot the pain of flooding and leaders who never forgot those they represented. Together, we will make a difference for future generations and the future of the area.

I would be remiss if I didn’t also thank former State Rep. Dan Huberty; former Mayor Pro Tem Dave Martin; City Council Members Fred Flickinger and Twila Carter; and the Army Corps of Engineers. They started this ball rolling years ago. \

And thank you, too, Houston Mayor John Whitmire. Former City Flood Czar Stephen Costello. The architects of the 2018 Flood Bond. Congressman Dan Crenshaw. Harris County Commissioner Tom Ramsey. And Bill McCabe and Dianne Lansden, who kept the Lake Houston Area Flood Prevention Initiation going for years.

My apologies to anyone I overlooked. So many contributed! They all had one thing in common. They put the safety of each other above partisan politics. And it showed in tonight’s unanimous vote.

Beating the Odds

Between “dream” and “done” in the Texas legislature, there’s a lot of hard work.

I came across this table today on the Texas Legislature Online website. It shows the success rate of various types of legislation to date.

Of all the bills introduced in both the House and Senate to date, only about 1 in 12 made it this far.

These numbers will change tomorrow because of additional bills passed today in both the House and Senate.

Here’s what each of those acronyms above stands for:

HB – House Bill
  • A proposed law originating in the House of Representatives.
  • If passed by both chambers and signed by the Governor (or allowed to become law), it becomes part of Texas statute.
  • Used for substantive changes to law (e.g., criminal statutes, environmental rules, etc.).
SB – Senate Bill
  • A proposed law originating in the Senate.
  • Same process and purpose as an HB, just introduced in the Senate instead of the House.
HJR – House Joint Resolution
  • Proposes an amendment to the Texas Constitution or requests Congress to call a constitutional convention.
  • Does not require the Governor’s signature.
  • If it’s a proposed constitutional amendment, it must be approved by voters in a statewide election.
  • Originates in the House.
SJR – Senate Joint Resolution
  • Same as HJR, but introduced in the Senate.
HCR – House Concurrent Resolution
  • Expresses the will of the House and Senate together but does not have the force of law.
  • Often used to make requests of federal government, authorize ceremonial recognitions, or approve internal legislative matters (e.g., adjournment).
  • Requires approval by both chambers, but not the Governor’s signature.
SCR – Senate Concurrent Resolution
  • Same as HCR, but introduced in the Senate.
HR – House Resolution
  • Used for internal House matters or to express one chamber’s opinion or recognition.
  • Examples: honoring a constituent, changing House rules.
  • Only requires action in the House.
SR – Senate Resolution
  • Same as HR, but for the Senate.

The table below summarizes key differences.

Summary Table

TypeOriginPurposeRequires Governor’s Signature?
HBHouseStatutory law✅ Yes
SBSenateStatutory law✅ Yes
HJRHouseConstitutional amendment❌ No (goes to voters)
SJRSenateConstitutional amendment❌ No (goes to voters)
HCRHouseCeremonial / joint action❌ No
SCRSenateCeremonial / joint action❌ No
HRHouseHouse-only resolution❌ No
SRSenateSenate-only resolution❌ No

To compare this year’s statistics with previous years’, see Texas Legislature Online.

Posted by Bob Rehak on May 28, 2025

2829 Days since Hurricane Harvey

Legislative Roundup: Dredging, Mining, Permitting, Funding

5/18/25 – Here’s a legislative roundup that includes bills which address dredging, mining, permitting of new developments, and funding of flood mitigation. With only two weeks left in the session, it appears that several bills important to the Lake Houston Area have died in committee including a bill to fund long-term dredging.

dredging
Money allocated to fund dredging after Harvey will soon run out leaving the future of dredging in doubt.

Left on the Table

The bills that apparently died include:

HB1532 – which would have created a Lake Houston Dredging and Maintenance District.

HB1163 – which would have required sand miners in the San Jacinto watershed to develop a reclamation plan that met certain criteria and post a bond to ensure that miners executed the plan.

HB1177 – which would have created a criminal offense for diverting or impounding water in a way that damaged the property of another.

HB2068 – which would have transformed the Harris County Flood Control District with a board appointed by the governor and by allowing surrounding counties to join the District. It would have created regional flood control. But Harris County officials testified against it and it died in committee.

To check the status of any other bills or subjects that interest you, visit the Texas Legislature Online.

Still Alive

The Senate Local Government Committee will hold another hearing on Monday May 19, 2025 to consider a small number of bills that didn’t beat Friday’s deadline.

Among them, HB23 would let developers bypass government oversight during the permitting process by hiring engineers to act as compliance inspectors on their behalf. The bills authors claim it will make housing more affordable. But it has local governments concerned that they might lose oversight.

It certainly does appear to have plenty of potential for conflict of interest. “Dad, I’ve decided to let myself borrow your car tonight.”

Senator Brandon Creighton sponsored the Senate version of the bill. In his civilian job, he works for a developer.

Flood Mitigation Funding Still Up in Air

Flood mitigation funding also took it on the chin. The legislature did not directly allocate any more money to the state’s Flood Infrastructure Fund (FIF) which has been dwindling since 2023. The fund currently has less than a billion dollars left to address $54 billion worth of projects in the State Flood Plan. Plus regional flood groups are gearing up to add more projects to the plan.

This year, the legislature did not commit any funding exclusively to the Flood Infrastructure Fund. However, two bills are still alive that could potentially result in more funding: SB7 and HJR7.

If they somehow become law:

  1. The FIF will be moved under the umbrella of the Texas Water Fund (TWF).
  2. The TWF will receive $2.5B in one time funding from the economic stabilization fund.
  3. A constitutional amendment will be put to the voters in November establishing a permanent source of funding for the TWF to the tune of $1B annually.
  4. That $1B might be required to commit 80% to “New Water Supply” if Charles Perry has his way, but others are pushing back, preferring to give the TWDB Board the discretion to distribute as they see appropriate.

Uncertainty Abounds for Future of Flood Mitigation

The uncertainty surrounding State funding for flood mitigation is especially concerning given all the uncertainty surrounding federal funding for flood mitigation.

The uncertainty extends to the local level too. Harris County Flood Control District was supposed to make a presentation to Commissioners Court on the status of Flood Bond Funding on May 22. Commissioners requested the update in late February. However, HCFCD reportedly pleaded for more time and the presentation has been delayed.

Commissioners fear that inflation could mean that a large percentage of the projects promised with the flood bond never get done. They are grappling with a $100 million drainage funding shortfall.

Posted by Bob Rehak on 5/18/25

2819 Days since Hurricane Harvey

Unintended Consequences of Legislation Could Increase Flood Risk

5/3/25 – A well-intentioned bill that just moved from the Texas House to the Senate could have dire unintended consequences in certain circumstances. One of the unintended consequences is increased flood risk.

State Capitol Building of Texas
State Capitol Building in Austin. Your future flood risk could depend on what happens here.

Bill Purports to Make Housing More Affordable

HB23 (and nearly identical companion bills SB2354 and HB2977) give developers the ability to privately hire engineers to approve the developer’s plans as a substitute for review by cities or counties. The intention: to speed up approvals of everything from plats to permits, thus lowering the costs of housing.

However, the bills are also a recipe for conflict of interest. It doesn’t take much imagination to see why. Moreover…

  • Corners could be cut that endanger public safety.
  • Neighbors would have no way to protest new developments that could adversely affect their property values.

And that’s only one barrel of the shotgun. The second barrel? Potential interaction with a law passed in 2023.

Changing Plats Already Approved

In 2023, the legislature gave developers the right to opt out of a city’s Extra Territorial Jurisdiction (ETJ). Once a developer, such as Ryko has left the ETJ, it could change plats at will with the developer’s hired gun running the show. And nearby homeowners would have no recourse or even an opportunity to protest.

  • Land once promised as parks could be turned into apartments.
  • Forests could be leveled.
  • High-density development could clog quiet residential streets.
  • Increased stormwater runoff could increase flood risk.

The combination of HB23 and the 2023 ETJ law would remove governmental accountability and oversight from development. It would be like going to a basketball game without referees. The results might not be so pretty.

Homes could flood repeatedly because assumptions about floodplains and flood elevations fundamentally changed without oversight.

HB23 purports to make housing more affordable. But it also fundamentally changes the balance of power between developers, neighbors and government. It takes government out of the equation, leaving neighbors without protection.

An Amendment Could Help

If HB23 survives the Senate, at a minimum, the Senate needs to add language to HB23 (or one of its companion bills) that prevents developers from bypassing government reviews for plats and re-plats by removing their land from a city’s ETJ. 

If a developer wants to re-plat land, that’s fine. But make them go through a government review that lets adjoining property owners and their HOAs have their voices heard.

As it stands, HB23 and its companion bills stifle protest.

The bills would also make government unaccountable.

How You Can Help

At this point in the legislative session, it looks like HB23 has a better chance of success than its companion bills. I am against HB23 and its companion bills as they stand.

At a bare minimum, they need to include amendments that preclude re-platting land without government approval.

If you agree, during the next commercial break email the authors of these bills: 

And don’t forget Governor Greg Abbott.

Legislation should create predictable outcomes, not unintended consequences.

Posted by Bob Rehak on 5/3/25

2804 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.

Why Flood Mitigation Needs Steady Funding Source

4/15/25 – At a flood resilience workshop yesterday in Houston, the importance of a steady funding source for flood-mitigation projects became abundantly clear.

The Biannual Resiliency Workshop of the Society of American Military Engineers (S.A.M.E.) drew a star-studded lineup of speakers for the hundreds of engineers, lawyers and business people in attendance.

Alia Vinson, a partner at the law firm of Allen Boone Humphries Robinson LLP, made steady funding for flood mitigation the focus of her entire talk. She even wore green to underscore her theme. (“The color of money,” she said.)

Alia Vinson, partner at Allen Boone Humphries Robinson LLP, speaking at S.A.M.E. workshop.

After Vinson, the keynote speaker, Congressman Wesley Hunt, talked about “unsustainable federal spending.” The Federal government provides most of the flood-mitigation financial assistance in the country through FEMA and HUD. But both agencies have come under fire by President Trump and Elon Musk lately. That creates uncertainty for Texas where more people live in floodplains than the entire populations of 30 other states.

Competition for Flood Mitigation Funding Getting Stronger

Vinson’s talk focused primarily on the vigorous competition for funds in this Texas Legislature and the previous session. She began with the creation of the Texas Water Fund (Proposition 6) in 2023, which triggered a $1 billion investment in new water infrastructure needed to support a growing population.

The Texas Water Development Board administers the Texas Water Fund. It has the authority to shift money as needed between at least eight different programs. They award loans and grants to political subdivisions for local water and wastewater infrastructure projects. They include:

  • New Water Supply Fund
  • SWIFT
  • State Revolving Funds
  • Rural Water Assistance Fund
  • DFund
  • State Participation Fund
  • Water Awareness Fund
  • Water Assistance Fund

At least 25% of the $1 billion must go to the New Water Supply Fund, which supports projects such as:

  • Desalination
  • Aquifer storage and retrieval
  • Use of produced water
  • Transport of water

The point:

None of these has to do with flooding or flood mitigation.

This year, “new water” again is high on the Legislature’s agenda. Although nothing is final yet, base budgets have set aside $2.5 billion for the Texas Water Fund.

Pending Legislation Could Help Address Mitigation Needs

Vinson then shifted focus to this year’s SB7 by Senator Charles Perry and HB16 by Rep. Cody Harris.

The Senate has already approved SB7 and sent it to the House Natural Resources Committee. A key provision makes the Flood Infrastructure Fund eligible for money from the Texas Water Fund.

HB16 does the same thing, but hasn’t made it out of the Natural Resources Committee yet for a vote by the House.

Two other bills pending this year would create a dedicated revenue stream of $1 billion per year for the Texas Water Fund. They are SJR 66 and HJR 7. The big difference between them: the Senate Bill requires at least 80% to be used ONLY for New Water Supply. That would limit flood mitigation funding to only 20% of $1 billion.

Still No Dedicated Funding Stream

I took away two main things from Vinson’s speech:

  • Texas doesn’t yet have a dedicated funding source for water OR flood mitigation projects.
  • The money available for flood mitigation is being fragmented among competing needs.

That dedicated funding source could quickly become increasingly important. Uncertainty continues to swirl around financial support from the federal government, which has the deepest pockets when it comes to flood mitigation and disaster relief.

This morning, Politico ran a story with the headline, “FEMA denies Washington state disaster relief from bomb cyclone, governor says.” FEMA denied the State’s request for $34 million for disaster relief even though it reportedly met all the criteria for assistance. According to the State’s governor, FEMA provided no explanation for the denial, but said “assistance was not warranted.”

Federal Support Uncertain

Another speaker yesterday at the S.A.M.E. workshop, U.S. Congressman Wesley Hunt, said he had talked directly with President Trump and Elon Musk at length about the Federal budget.

Congressman Hunt addresses S.A.M.E. workshop about ballooning federal deficit and need to cut spending.

Hunt said the U.S. has a $2 trillion annual deficit and that we are $36 trillion in debt. He characterized both as “unsustainable.”

However, a group called “Truth in Accounting” that monitors government finances reported this morning that the situation is even more dire. The group applies generally accepted accounting principles from the private sector to government spending reports.

According to Truth in Accounting, the government’s financial position worsened by $4.7 trillion last year, not $2 trillion.

Truth in Accounting also says the government needs $158.6 trillion to pay its bills, not $36 trillion. And that each taxpayer’s share of the burden is $974,000.

The ominous warnings from Hunt and Truth in Accounting come as President Trump has questioned whether to disband FEMA entirely and give money directly to states to handle disasters. According to Politico, Trump has created “a council to study what to do with FEMA and whether to get rid of it.”

The uncertainty surrounding future availability of Federal aid makes it all the more important for Texas to provide a dedicated, steady funding stream for flood mitigation.

Posted by Bob Rehak on 4/15/2025

2786 Days since Hurricane Harvey

Dredging Progress on Lake Houston and In Austin!

4/12/25 – Dredging is making progress on Lake Houston and in Austin.

The City of Houston’s most recent West Fork dredging program started last December near the channel south of Royal Shores. The channel connects the San Jacinto East and West Forks. Callan Marine is pumping the spoils through the channel, across the East Fork, up Luce Bayou to a placement area adjacent to the Luce Inter-Basin Transfer Canal.

I did a brief update about the expansion of the placement area in January. At the time, the dredge was still operation between the channel and the northern extremity of Atascocita Point. And Callan was doubling the size of the placement area.

Since then, the dredge moved about a half mile downstream toward FM1960. And Callan has filled the expanded placement area approximately one-third of the way up. Callan estimated the program would take a year. And that was about a third of a year ago.

In a separate but related effort, State Representative Charles Cunningham’s bill to create a Lake Houston Dredging and Maintenance District picked up some additional support and was considered by the House Natural Resources Committee on April 9. The Committee “reported it favorably”

Photos Taken Today Show Dredging Progress

My estimate on one-third complete is purely a guess based on the original timetable and a visual assessment of the placement area. See the photos below, all taken today.

Looking south toward FM1960 Bridge. Dredge is in upper center.
Closer shot reveals dredge bit was submerged and the dredge was pumping.
Supply boat docks with dredge.
Dredge was at left end of red line this morning and pumping to placement area in red box in upper right.

This program uses money left over from the U.S. Army Corps of Engineers Emergency West Fork Dredging Program. Therefore, dredging is restricted to the West Fork.

Map of current dredge plan. Today, the dredge was operating slightly NW of the #4 position.

The dredge you saw above is pumping spoils approximately four miles to the northeast. Dredging “spoils” are the materials, including sand, silt, clay, and other organic matter, removed from the bottom of the Lake.

Below is a photo of the placement area for the spoils.

Looking E toward Dayton and Liberty. Luce Bayou Inter-Basin Transfer Canal (left) and placement area (right).

Spoils enter at lower left via a pipeline. Water carrying the sediment then works its way through the maze of compartments in the pond and circles back to where it entered. The closer shot below shows the dirt spreading out. Eventually it will be hard enough to build homes on.

The maze slows down the speed of the water and allows dirt to drop out of suspension.
Higher shot shows a “delta” forming within the pond. Before this operation is complete, bulldozers will spread the dirt around evenly.
Spoils enter the pond through the pipe on the right. De-silted water exits the pond just a few feet away. It returns to Lake Houston through the canal in the upper right.

Progress on Cunningham Bill to Create Lake Houston Dredging/Maintenance District

The immensity of this task dramatizes the need for State Rep. Charles Cunningham’s bill (HB1532) to create a Lake Houston Dredging and Maintenance District. The project above covers only a tiny portion of the lake, which is losing capacity due to sedimentation.

Cunningham’s bill would create a permanent dredging district for Lake Houston.

In March, the bill picked up three additional sponsors: Armando Walle (District 140), Harold Dutton, Jr. (District 142) and Valorie Swanson (District 150).

On 3/19/25, the House Natural Resources Committee heard testimony on the bill. See video starting at approximately 1:23 here.

On 4/9/2025, the House Natural Resources Committee reported it favorably as substituted and recommended it be put on the Local & Consent Calendar.

That’s good news. You can follow the bill’s progress here.

We still have a long way to go. But so far, so good.

For More Information on Dredging

See these related posts:

2025/01/15 New West Fork Dredging Program Off to Fast Start

2024/12/21 West Fork Dredging Spoils Being Deposited Near Luce IBT Canal

2024/12/20 City’s New Dredging Program Launched

Posted by Bob Rehak on 4/12/25

2783 Days since Hurricane Harvey

Natural Resources Committee Hears Testimony on HB2068

Update: 4/10/25 – After reading this post, the media liaison for HCFCD emailed me to say, “One correction to your post today – Dr. Petersen testified as a resource on the bill, not against it.” Listen to her testimony at the link provided and you be the judge.

4/9/2025 – The Texas House of Representatives Natural Resources Committee heard testimony today on HB2068. HB2068 attempts to reconstitute the Harris County Flood Control District (HCFCD) into one with wider authority to address flooding that originates outside Harris County.

It would also give the governor authority to appoint a board for the reconstituted district that would replace Harris County Commissioners Court, which has severely politicized flood mitigation much to the detriment of those who live on the periphery of the county.

Three people testified in person AGAINST the bill. But 192 provided written comments FOR the bill. Still, the bill’s fate is unclear tonight.

Three In-Person Testifiers All Against Bill

The committee heard live testimony from three people. All spoke against the bill. They included Stephen Costello, the City’s former Chief Recovery Officer under the late Mayor Sylvester Turner. They also included Tina Petersen, Executive Director of HCFCD and Harris County Precinct 2 Commissioner Adrian Garcia.

Precinct 2 Commissioner Adrian Garcia testifying against HB2068 in today’s House Natural Resources Committee hearing.

The essence of Costello’s testimony was “HCFCD is working. Don’t mess with it.” He called the District a good partner for the City of Houston. And that may be true in certain areas.

Petersen and Garcia both bragged about HCFCD’s track record under their leadership, including their ability to take politics out of decision making.

Their testimony stood in stark contrast to brutal confrontations in Harris County Commissioners Court during the last two months. Commissioners, including Garcia, have raked Petersen over the coals. They complained bitterly and repeatedly about budget shortfalls totaling hundreds of millions of dollars that have jeopardized their pet projects.

No one seems to know where the current budget or projects stand. And that has made it impossible for commissioners to prioritize projects for any budget remaining.

Regardless, Petersen touted the county’s failed IT systems as a positive. She estimated it would cost the District $75 million to replace them if Flood Çontrol were a stand-alone entity.

Petersen also failed to mention the four-year slowdown in HCFCD activity.

HCFCD annual spending trend

See the entire testimony here. HB2068 starts about 1:18 into the video.

Strange Failure to Address Author’s Claims

Rep. Dennis Paul, the bill’s author, teed up his bill by explaining how much flooding originated outside the county. However, neither Costello, Petersen, nor Garcia addressed that point.

The failure to address such an obvious point may have been a fatal flaw in their arguments. Any casual observer could see the disconnect.

In fact, 10 of the 22 watersheds in Harris County originate outside the county, including most of the largest ones. Excluding cooperative efforts with people in those areas dooms large parts of Harris County to repetitive flooding. Especially those on the periphery of the county.

watershed map of Harris County
Harris County Watershed map

Electronically Filed Comments Overwhelmingly Support Bill

Many county residents have received virtually no support from HCFCD during Petersen’s tenure because of deliberate diversions of funds to low-income areas. Residents who remain living with high flood risk did not share Petersen’s and Garcia’s appraisals of their own performance, judging by their written comments.

194 people submitted comments electronically. You can read them here. Of the 194, only two were against HB2068. The other 192 strongly favored it. Virtually all of them came from the Lake Houston Area.

However, a number of people from Porter, Conroe, and even as far north as Cleveland also favored the bill. All had been flooded. And all sought the kind of support that an expanded District could provide.

Only one other bill discussed in Natural Resources today received more comments than HB2068. It was a quarrying bill relating to the Lower Colorado River Authority. The rest received only a handful of comments. Most received 0 to 3.

That in itself seems like it would argue for closer scrutiny and debate.

Bill Not Debated in Committee, Fate Up in Air

However, at the end of the testimony, the chairman left the bill “pending in committee.” That could mean they will just let it die. Or it could mean they will debate it and pass it out of committee to the full house for a vote at a future date.

Rep. Paul’s bill does not yet have a companion bill in the Senate.

More news to follow when it becomes available.

Posted by Bob Rehak on 4/9/2025

2780 Days since Hurricane Harvey

Action Needed: Support HB2068 NOW!

4/8/25 – State Representative Dennis Paul has authored a bill, HB2068, which would transform the Harris County Flood Control District (HCFCD) by reconstituting its management and potentially expanding its geographic scope. Fifteen other state representatives have expressed their support by signing on as “co-authors” of the bill. Most represent parts of the San Jacinto River Basin.

The Texas House of Representatives Natural Resources committee will hold hearings on the bill tomorrow. We need to make sure the bill doesn’t die a quiet death by never making it out of the committee for a vote by the full House. So please write today to express your support.

Why We Need HB2068

Water doesn’t respect political boundaries. Back in 1937 when the legislature created HCFCD, that wasn’t a huge problem. Most of the region’s population lived within Harris County.

But since then, the Houston area has grown to encompass all or parts of seven counties. Having the state’s only flood control district focusing primarily on the area inside Beltway 8 no longer serves the needs of the region.

For instance, in the San Jacinto watershed, an area half again as large as Harris County drains past Kingwood. Yet Kingwood has received only $230 in capital improvement construction projects from HCFCD. Ever.

But during Harvey, Kingwood also had the highest flooding in the county. And it has flooded several times since then.

Meanwhile, eight other watersheds favored by certain Harris County Commissioners have received more than $740 million…just since 2018.

Their formula for allocating funds relies heavily on race and income. The majority of County Commissioners now in control do not even include flood damage or risk in their current formula for prioritizing flood-mitigation projects.

Moreover, HCFCD under the leadership of Harris County Commissioners Court refuses to release comparative flood risk data in their possession.

Plus, certain commissioners have vowed not to allow HCFCD to spend money on projects outside of Harris County, where many of the County’s flooding problems originate.

How HB2068 Could Change That

HB2068 modifies the legislation that originally created HCFCD. The modifications do two basic things. They:

  • Replace Harris County Commissioners Court as managers of HCFCD with a board appointed by the governor. (See Section 1D Page 3.)
  • Allow surrounding counties to join the reconstituted district voluntarily after approval by their Commissioners Courts and voters.

Thus…

HB2068 would enable the reconstituted district to serve all people of the river basin and give them a way to address their flooding issues together.

Flooding does not respect political boundaries. HB2068 bridges those boundaries.

How to Express Your Support

The Natural Resources committee will meet on Wednesday April 9, 2025 to hear testimony on HB2068.

Remember public comments must be submitted before the end of the meeting. To be safe, do it now! And do it here. You are limited to 3000 characters. I suggest something that expresses the key points above under:

  • Why We Need HB2068
  • How HB2068 Could Change That.

They include 2000 characters.

If you are pressed for time, just say, “I support this bill.”

Please DO IT NOW!

Posted by Bob Rehak on 4/8/2025

2779 Days since Hurricane Harvey

Wastelands to Wetlands: A Vision for Restoring the San Jacinto West Fork

3/29/25 – Every time I fly over the San Jacinto West Fork, I wonder, “What would it take to transform all the wastelands to wetlands again?”

one of the prettiest places in texas
Typical scene along banks of San Jacinto West Fork between I-69 and I-45.

That burning question has guided much of my research for the last eight years. I don’t have all the details worked out, but I would like to share a vision for restoring the area’s:

  • Natural beauty
  • Recreational potential
  • Ability to:
    • Reduce flooding and sedimentation
    • Attract economic development.

The restoration would be incremental and generational. It will not happen overnight. And the timing will, no doubt, depend on how much sand remains.

All the more reason for all parties to agree on a vision that can guide future restoration and redevelopment. So, let me propose a vision to start the debate and stimulate ideas. All of us are smarter than one of us.

The Vision

I would like to see a mile-wide, 20-mile long recreational area between I-45 and I-69 with lakes and ponds, all connected by hike-and-bike trails. It would be called the Montgomery County Lake District. And it would connect to the West Fork and Spring Creek Greenways.

Lake Houston Park
Dense forests/wetlands in Lake Houston Park on East Fork represent potential of nature to reduce flooding and sedimentation.

Such an area would feature kayak launches and fishing piers. It would also feature covered pavilions, restrooms and parking lots in the higher elevations near the edges of the preserve.

Constructed wetlands would filter runoff from nearby developments.

Islands in the larger lakes and ponds would attract birds and bird watchers, much like the Houston Audubon Society’s Smith Oaks Sanctuary in High Island.

Image of great egret in breeding plumage captured at High Island

The floodplains would be planted with native grasses, wildflowers, and flood-resilient trees such as willow and bald cypress.

Some of the pavilions might even have educational exhibits that explain about restoration efforts and the native wildlife.

To put this concept in perspective, Lake Houston Park – not far away on the East Fork – is already the largest urban nature park in North America. The area in the floodplains and floodway of the West Fork between 59 and 45 could be TWO TO THREE TIMES LARGER. Restoring and preserving it could draw national attention to Montgomery County and Houston as a role model.

What Would It Take?

From an exclusively physical point of view, turning old sand mines into sanctuaries would likely require the actions below. (I’ll discuss financial, permitting, legislative and other needs in future posts.)

With effort, the sand pits could be transformed into giant detention basins that hold hundreds, if not thousands, of acre feet of stormwater during floods. They could also intercept sediment carried downstream by the river during floods.

The design would likely incorporate overflow weirs to accommodate flood pulses.

For safety and flood resilience, we would need to regrade the pits. The edges should be shallow and gradual. Avoid sharp drop-offs that could challenge young swimmers or waders.

Gradual slopes also help with replanting native vegetation. We should use dense plantings of native trees and wildflowers to create visual buffers.

The area would also feature educational signage along trails to encourage outdoor activities, environmental awareness and collective action.​

We should collectively buy and preserve any not-yet-spoiled land between the mines also, so trails can be continuous along the entire length of the river.

Make Miners Part of the Solution

Prior to a mine’s closing, miners should re-contour any high, steep pitwalls, overburden piles, or embankments. Slopes should not exceed a 2:1 (50%) grade, with gentler 3:1 slopes preferred to enhance stability and allow vegetation to take hold​.

Avoid long, continuous slopes to reduce erosion and break them up with terraces to facilitate seeding and maintenance.

Where runoff concentrates, install lined channels or rock chutes to convey water safely downslope without gullying​. Use riprap to protect outlets, dissipate energy and prevent scour​.

As mines near the end of their producing life, begin revegetating all areas not occupied by water bodies. Reclaim the land progressively in phases, as production ends in one part of the mine and continues elsewhere. Prompt reclamation prevents abandoned pits from becoming illegal dump sites.

Mines need to demobilize all equipment and remove industrial materials, fuel tanks, maintenance shops, debris piles, etc. The final land surface should be free of trash, waste and equipment.

abandoned dredge
Abandoned dredge, West Fork Sand Mine in Humble.

The goal: a stable site with self-sustaining vegetation, no significant sediment leaving the property, and no uncontrolled discharges into the West Fork or its tributaries.

All these recommendations are consistent with TCEQ Best Management Practices for Sand Mining in the San Jacinto Watershed and case studies from around the world.

Additional Efforts

A vision is just the glue that guides the efforts of many different parties as they work together to achieve common goals. Of course, creating such a transformation takes more than a vision. It takes sweat, money and leadership. So we also need to:

  • Identify and Enroll Stakeholders
  • Engage Engineers to Develop a Design
  • Obtain Permits from Multiple Levels of Government
  • Initiate Legislative Efforts to Create a Redevelopment Authority/District
  • Raise Funds and Apply for Grants
  • Provide for Ongoing Maintenance

I’ll discuss these additional topics in future posts to keep the length of this one manageable.

Please stay with me and share these posts with friends, families and neighbors. Also, please contribute your own ideas through the contact form of this website.

Together, we can turn sand into sanctuaries and wastelands into wetlands again.

Posted by Bob Rehak on 3/29/25

2769 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.

West Fork Sand-Mining Problems Persist Despite Legislative Efforts

3/19/25 – San Jacinto West Fork sand-mining problems persisted this morning, even as the House Natural Resources Committee met to discuss legislation intended to deal with them. With one exception, the miners seemed blissfully unaware of the problems they were causing. And at least one committee member seemed to be a ringer for the sand-mining industry. He reportedly argued that the TCEQ had everything under control.

Do they? You be the judge.

Cunningham Bills Under Consideration

Three bills by Rep. Charles Cunningham discussed this morning included:

  • HB1532 which creates a Lake Houston Dredging and Maintenance District to help deal with sediment from the mines.
  • HB1163 which requires miners to develop a restoration plan and post a bond to guarantee they would do it.
  • HB1177 which puts more teeth in the state water code provision that prohibits flooding neighbors by creating criminal penalties.

Photos Taken During Committee Hearing

As the committee discussed merits of the bills, this is what the West Fork sand-mining problems looked like.

South end of pit sold by Hallett to Riverwalk Porter LLC. Dike has been breached since January 2024. TCEQ seems unconcerned.
North end of same pit. River has flowed through pit since May 2024 instead of following its original course. TCEQ seems unconcerned.
Closer shot shows sandbar now blocking original river channel which flows left to right. TCEQ seems unconcerned.
Farther upstream, the river now flows through another pit that Hallett still owns. River flows from bottom to top. Note abandoned river channel on right. TCEQ seems unconcerned.
Closer shot of exit breach in same pit.
Abandoned dredge pipe at an abandoned mine immediately south of Hallett. This pipe has been there for years. The original operator should have removed it long ago. TCEQ seems unconcerned.
Another pit open to the river since May 2024. TCEQ seems unconcerned.
Same pit from different angle. Note river starting to cut through neighbor’s property. TCEQ seems unconcerned.
More abandoned equipment at another abandoned mine. Should have been removed years ago. TCEQ seems unconcerned.
For years, sediment flowed through this breach from the left and filled the channel on the right with silt. Now water in the channel is flowing back into the pond. TCEQ seems unconcerned.

One Exception

All in all, things this morning looked much the way they have since the May flood last year…with one exception. Remember that 800-foot wide river of sludge from the Hallett settling basin (right), that flowed through the woods (left) for more than a year?

Hallett is finally raising the road to staunch the flow.

Putting It All in Perspective

Of Cunningham’s three bills, two focus on prevention. But the dredging bill focuses on correction.

Ironically, one observer of today’s committee hearing felt that the members looked most favorably on the dredging bill. That makes sense. This is a business friendly state. And…

There’s more money to be made by letting companies pollute and then paying other companies to clean it up than there is by just preventing the pollution.

But it’s too early to know how the committee will vote. Check back soon to see how or if Natural Resources will address our West Fork sand-mining problems.

Posted by Bob Rehak on 3/19/25

2759 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.