Laurel Springs RV Park Prohibits Photography of Permit Violations

The media-savvy think tank that owns the Laurel Springs RV Resort has finally figured out a way to cover up permit violations from neighbors who complain to the City of Houston, Harris County and the State of Texas. They’ve simply put up signs prohibiting photography that threaten prosecution. And they’ve installed slats in their chain-link fence to reduce visibility of their construction practices.

Controversial new sign at the Laurel Springs RV Resort at 1355 LAUREL SPRINGS LANE. Also note the new black-out slats inserted last week in the fence.

Losing Through Intimidation

It’s a classic case study in Losing Through Intimidation.

Want to lie low? Just challenge the First Amendment and the Texas Whistleblower Law! That’s sure to discourage media attention.

“If You See Something, Say Something.”

In the two decades since 9/11, we’ve been taught by authorities to “say something if you see something.” But the owners of the Laurel Springs RV Park take the opposite approach. They threaten prosecution of anyone photographing permit violations. So far, there have been four investigations of the property by the City of Houston (2), Harris County, and the State of Texas – all triggered by citizen-supplied photos. Harris County even threatened a lawsuit. And the Texas Commission on Environmental Quality issued a 64-page Notice of Enforcement.

So what do the owners do? It’s pure marketing genius. They put out a “Not Welcome” sign, erect a veil of secrecy, and threaten to sue anyone who complains.

But prohibiting photography of permit violations just makes people look harder. What are they trying to cover up?

Perhaps it never occurred to the owners that they should just stop violating permits and invite people to see how they are complying with the law. But no! That would be too simple.

Questionable Practices Documented to Date

So far they have been caught:

Their new “no photography” marketing ploy will surely make this a “destination vacation.” Except who wants to go to a glamour resort next to the railroad tracks and not take a camera?

I hope they invite me to cover their Grand Closing. But any ceremony will, no doubt, happen under the cloak of darkness, like much associated with their “See Nothing, Say Nothing” operation.

Posted by Bob Rehak on 4/10/2022

1685 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.

Bayou Land Conservancy Raises Concerns About SJRA Sand Trap Proposal

The Bayou Land Conservancy has added its voice to those raising concerns about the SJRA’s sand trap proposal for the San Jacinto River watershed. The pilot project began out of a desire to reduce sediment buildup in the mouth bar of the West Fork. But it has morphed into something very different – a trench through a sand bar more than 12 miles upstream.

In March 2022, the SJRA published its long-awaited proposal on sediment removal and sand trap development along with a brief summary. It now seeks public comment through April 29, 2022.

Location of recommended sediment trap outside Hallett mine
Sand bar on West Fork San Jacinto that would be used for pilot project outside Hallett mine. Note that the height of the freshly deposited sand is engulfing several medium sized trees. This location is downstream from several other large mines. Picture taken shortly after Harvey.

BLC’s General Concerns with Study

I posted my concerns on 3/27/22. Yesterday, the Bayou Land Conservancy (BLC) sent me a copy of its letter. It reflected some of the same concerns I had.

  • The study did not address what should be the main goal of sediment removal: excessive deposition in the area of the mouth bar downstream of US 59.
  • Managing mouth bar sediment deposition, and related flooding, should be kept at the forefront as this project moves forward.
  • Sand mining in the floodplain of the San Jacinto West Fork between 1995 and 2017 virtually quadrupled. More than 30% of the river’s flood plain is now being mined. That’s a huge problem that requires other types of solutions to reduce sedimentation from mines, such as improved Best Management Practices.

The group also suggested a need for greater oversight of sand mining by state regulators. It feels an inconsistency exists between in-stream mining via sand traps and the TCEQ’s newly adopted BMPs for sand mining.

BLC’s Specific Concerns re: Recommendation

BLC then went on to discuss the specific recommendation – rock-lined trenches through sand bars outside of sand mines. They listed three concerns:

  1. River migration and erosion: Changes in river course, including erosion and deposition of sediment, are naturally occurring processes. Installation of hardscape or mechanical features within the flowing part of the river will have an impact on this natural process and could lead to increased erosion in the area surrounding the facility, increased sediment transport downstream, and destabilization of the stream to the detriment of the surrounding and downstream communities.”
  2. Water quality: 85% of the drinking water needs of the Houston metropolitan region are met by Lake Houston, at the receiving end of the San Jacinto River. Instead of occasional turbidity increase during dredging of the mouth bar, sand trapping could create a long-term elevation in turbidity leading to increased water treatment costs for the entire region, transferring the cost to the public from private interests. Additionally, the riverbed contains chemical components that may need to be addressed in water treatment at additional public expense.”
  3. Accountability: the governing legislation created by HB1824 does not address the question of accountability should the private interest in the sediment trap fail to protect the public’s interest or go out of business without remediating the in-stream mining facility.”

More Study Recommended Before Implementation

BLC also recommended that two of the study’s recommendations deserve to be prioritized and expanded to provide as much accurate data as possible before sand-traps get further consideration:

  1. “Evaluate total annual sediment load transported to Lake Houston, including the area downstream of proposed sediment traps, and compare to anticipated trapped sediment loads.”
  2. “Perform further geomorphic assessment to address potential downstream instabilities due to removing sediment and to determine appropriate sediment removal volumes.”

BLC went on to encourage SJRA to extensively study the holistic sediment story of the upper San Jacinto River watershed. Previous studies point to Spring and Cypress Creeks as major contributors of sediment. BLC wants the sediment loads in those creeks studied as well as the areas downstream of the proposed sand traps.

The group continued, “A science-based, peer-reviewed, methodology of assessing the sediment budget of the watershed is imperative before assuming that removing sediment from any single location on the river will have a positive impact on mouth bar deposition. … Without a basis for understanding the sediment budget for the West Fork, it’s impossible to evaluate (or approve) this project.”

Rivers in Texas Are Public Property

BLC also pointed out that even though HB1824 exempted SJRA and Harris County Flood Control District from any requirement to obtain a permit, pay a fee, or purchase the material taken, in Texas the contents of a river belong to the citizens of the state. “Therefore we all have an interest in the results of this in-stream mining proposal,” said the group’s letter.

The letter concluded, “BLC recommends that extensive further study be undertaken to determine if in-stream mining, i.e. sand traps, will accomplish the stated goal of providing a long-term solution for managing the mouth bar deposition, without creating further instability to the river system and negative impacts to the surrounding and downstream communities.

Here is their full letter.

The Bayou Land Conservancy, one of the leading environmental groups in the Lake Houston watershed, preserves land along streams for flood control, clean water, and wildlife.

How Taking Sediment Out of a River Can Increase Erosion

Non-technical people may have trouble understanding how taking sediment out of a river can increase erosion. Basically, if you take too much out (more than the natural baseline of dissolved sediment), it can create a “hungry water” effect. Many academics have documented the hungry water effect. It’s especially noticeable downstream of dams, which are notorious for trapping sediment. Rivers with excess sediment transport capacity tend to erode their banks and streamed to compensate.

To Register Your Opinion

To register your opinions, pro or con, with the SJRA, email  floodmanagementdivision@sjra.net no later than April 29, 2022.

Posted by Bob Rehak on 4/9/2022 based on a Bayou Land Conservancy letter to SJRA

1684 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.

Get Ready for Above-Average Hurricane Season

Researchers at Colorado State University indicate that we should get ready for an above average hurricane season in 2022.

They say Texas in particular has the following chances of a named storm, hurricane or major hurricane tracking within 50 miles of the coast this year:

  • 80% for a named storm
  • 54% for a hurricane
  • 25% for a major hurricane.

They based their estimates on a variety of different atmospheric and ocean measurements, which are known to have high statistical relationships with tropical cyclone activity dating back decades. Among the main predictors: sea surface temps and the stage of the El Niño Southern Oscillation (ENSO).

Regional Forecast

The probability for at least one major hurricane (category 3, 4 or 5) making landfall somewhere along the:

  1. Entire continental U.S. coastline – 71% (average for last century is 52%)
  2. East Coast Including Florida Peninsula – 47% (average for last century is 31%)
  3. Gulf Coast from the Panhandle westward to Brownsville – 46% (average for last century is 30%).

The probability of a major hurricane tracking into the Caribbean this year is 60% (average for last century is 42%).

Atlantic Basin Forecast For Season Compared to Average

Overall, the Colorado State team forecasts 19 named storms, 9 hurricanes, and 4 major hurricanes somewhere in the Atlantic basin during the 2022 hurricane season.

In the 30 years from 1991 to 2020, the Atlantic Basin averaged 14.4 named storms, 7.2 hurricanes, and 3.2 major hurricanes.

Sea Surface Temperatures Warmer Than Normal in Caribbean and Gulf

One of the main factors influencing estimates is sea surface temperatures.

Variation from average sea surface temperatures yesterday. NOAA data.

The eastern and central tropical Atlantic currently have near average sea surface temperatures. However, the Caribbean and most of the subtropical Atlantic have warmer than normal temps. Warmer temps encourage tropical cyclone formation.

Weak La Niña Conditions Likely To Last Until Summer

Another major factor influencing estimates: the current state of ENSO.

The tropical Pacific is currently characterized by weak La Niña conditions. Researchers believe the tropical Pacific could return to neutral ENSO conditions by summer. But they also believe it highly unlikely that we will see a return to full-blown El Niño conditions this hurricane season, which extends from June 1, 2022, to November 30, 2022.

El Niño conditions in the Pacific can create wind shear that discourages tropical cyclone formation in the Atlantic.

Conversely, La Niña conditions reduce wind shear which encourage tropical formation in the Atlantic. The record breaking 2020 hurricane season which saw 30 named storms coincided with the onset of La Niña conditions. This story by NOAA describes the relationship between La Niña, El Niño, and the hurricane season. Cooler conditions in the central Pacific during a La Niña push the jet stream north which allows more hurricanes to form in the Atlantic. The following two NOAA diagrams describe the influences.

It only takes one storm making landfall near you to make a major change in your life. Now would be a good time to review flood insurance and think about preparations for what will likely be an above-average hurricane season.

Posted by Bob Rehak on 4/8/22 based on information provided by Colorado State University and NOAA

1683 Days since Hurricane Harvey

Harris County Commissioners Reaffirm Need for Minimum Drainage Standards in Region

On Tuesday, April 5, 2022, Harris County Commissioners Court reaffirmed the need for minimum drainage standards in the region. The program called “Fix Flooding First,” was started in 2020 by the Harris County Engineering Department. It is designed to help prevent flooding, not just fix it. The idea: to bring all municipalities and other counties that drain into Harris County to adopt minimum drainage standards.

Big Box Stores in Humble opposite Deerbrook Mall along US59 during Harvey. 130,000 cubic feet per second came downstream from Montgomery County which has declined to work with Harris County in adopting minimum flood regulations.

Altogether, the West Fork and East Forks of the San Jacinto with Peach and Caney Creeks, all of which drain through rapidly developing Montgomery County sent 300,000 cubic feet per second into the Lake Houston Area during Harvey.

To see how many square miles are being drained upstream from you, consult this map. Almost half of the watersheds in Harris County originate outside the county.

watersheds in Harris and surrounding counties
Watersheds in Harris and surrounding counties.

Seeking Agreement on Five Measures

Five minimum measures, recommended by the Office of the County Engineer and Harris County Flood Control District, include:

1. Use Atlas 14 rainfall rates for sizing storm water conveyance and detention systems.
2. Require a minimum detention rate of 0.65 acre-feet per acre of detention for any new development on tracts one acre or larger. A single-family residential structure and accessory building proposed on an existing lot is exempt from providing detention.
3. Prohibit the use of hydrograph timing as a substitute for detention on any project, unless it directly outfalls into Galveston Bay.
4. Require “no net fill” in the current mapped 500-year floodplain, except in areas identified as coastal zones only.
5. Require the minimum Finished Flood Elevation of new habitable structures be established at or waterproofed to the 500-year flood elevation as shown on the effective Flood Insurance Study.

Harris County Has Little Leverage

Harris County doesn’t have much leverage in this request. It can’t force neighbors to do anything. Compliance more or less depends on good will and a recognition that flooding in Houston and Harris County can affect the whole region negatively. Working together ultimately benefits everyone.

However, Harris County does have two small carrots. The County hired a consultant to review existing flood regulations in neighboring jurisdictions and make recommendations to bring them up to minimum standards. The county also can approve (or reject) partnership projects with those neighbors.

Mixed Results; No Change Since January

As of the start of this year, the program had met with mixed success.

  • 16 municipalities (including Houston, Humble) and Waller County had successfully upgraded their regulations.
  • 14 municipalities and Fort Bend County had completed the analysis of the regulations but not fully upgraded them yet.
  • 8 (four municipalities and four counties) did not respond to the offer of the analysis, refused it, or refused to participate.

As of last Tuesday, those results had not changed since January when I last reported on this program. The same municipalities and counties were in each category. Liberty and Montgomery Counties both fall into the last category (did not respond or refused).

Compliance list from January has not changed as of April 5, 2022.

Establish Precedent for Regional Cooperation Now

Harris County can spend billions on flood mitigation, but if upstream communities keep sending more water downstream, we may never see improvement. 

Ironically, all the upstream communities will be downstream from other developing communities in the future and may be in the same position that Harris is in today. It would be good to establish precedent for regional cooperation now that they could use themselves in the future.

Studies show that for every dollar spent on flood prevention, they can save five dollars on flood mitigation. That’s money that could go into improving the quality of services and infrastructure in communities….without forcing people through the trauma of flooding!

Posted by Bob Rehak on 4/7/22

1682 Days since Hurricane Harvey

Harris County Commissioners Court Discusses What to Do with HUD, Flood Resilience Trust Money

If you managed to watch Harris County Commissioners Court yesterday, near the end you saw a lively and somewhat confusing discussion of flood mitigation funding. See the video at approximately 6:38:10. Agenda Item 249 was a request by Adrian Garcia to discuss disbursement of the $750 million in Community Development Block Grant Mitigation funds allocated to Harris County by the Texas General Land Office (GLO) and the US Department of Housing and Urban Development (HUD).

During the debate, commissioners also discussed approximately $830 million currently sitting in a Flood Resilience Trust that they created last July to compensate for an expected shortfall in flood-bond partner funding.

In the end, Commissioners made no decisions. But it became clear that Commissioners Ellis and Garcia leaned toward spending it in low-to-moderate income neighborhoods, cleaning out roadside ditches, and sharing money with the City of Houston.

Still No Plan for How to Spend $750 Million

HUD and GLO made the award on March 18, contingent on approval of what HUD calls a Method of Distribution (MOD). Basically, that’s a plan for how and where the money would be spent.

Commissioner Ramsey noted that the pursuit of the money was bi-partisan and that he hoped the distribution would be bi-partisan as well.

Commissioner Garcia said he was immensely frustrated because a) he just didn’t know when the $750 million was going to arrive, and b) what strings came with the money.

He then referenced the Flood Resilience Trust created by commissioners last year from toll road and other county funds. “If we’re going to be getting $750 million, then I think those other dollars (approximated $830 million in the Trust) can be put somewhere else for practical use,” said Garcia. He also noted that another hurricane season was fast approaching.

He then asked Dr. Tina Petersen, the new head of the Flood Control District, whether she had a chance to study this and come up with any recommendations. Petersen who has been in her job about a month said, “We’re working on that.” She reiterated that no project has been delayed due to a lack of partnership funding and that she was working hard to ensure none would be.

Garcia, Ellis Argue for More Money in LMI Neighborhoods

Garcia then claimed, without citing a source, that 70% of the people who flooded in an unspecified flood (but presumably Harvey) “are still without a given project.” He also said that $830 million had accumulated in the Flood Resilience Trust to date.

Commissioner Ellis claimed the County and City of Houston should each have gotten $1 billion and that he would continue to fight for the County’s other $250 million, as well as a billion for the City.

Ellis then tried to add up the amount of committed funding in the flood bond to date but forgot to add approximately $1.5 billion in partner funds already committed. Oops! With the $750 million and the money already in the flood resilience trust, the flood bond should be more than fully funded by now.

flood bond funding
As of the start of this year, HCFCD had $1.57 billion in committed partnership funding and $833 million in the flood resilience trust, leaving a gap of $100 million. The $750 million HUD allocation in March should have created a $650 million surplus.But nobody talked about that.

Ellis assumed the $750 million would be spent in Greens, Halls, and Hunting Bayou watersheds. All qualify as low-to-moderate income areas. But if you look at the latest flood-bond project list spreadsheet, Harris County Flood Control District needed $69 million in partner funding for Greens, $269 million for Halls, and $65 million for Hunting. So partner-funding needs for the three watersheds total about $400 million. That leaves about $350 million out of the $750. Nobody, however, even mentioned that in the discussion.

County Administrator Says “Not So Fast”

The County administrator David Berry then pointed out that we don’t have the $750 million yet. “It was not a direct allocation. The county must prepare the method of distribution (MOD) and a citizen participation plan first,” then get them approved by HUD and the GLO.

Then Berry dropped a bomb. He said, HCFCD was proposing projects, but not preparing the documents about how the money would be spent. That tells me the distribution will be based on political, not technical considerations.

Ellis Uses Threat of Title 6 To Support LMI Funding

Ellis concluded the discussion by saying that HUD used a Title 6 complaint as a lever against the GLO, “and if we’re not sensitive to [LMI, Social Vulnerability], there will be a Title 6 Complaint against us.”

Title VI, 42 U.S.C. § 2000d et seq., was enacted as part of the landmark Civil Rights Act of 1964. It prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance.

According to a summary of the Texas CDBG-MIT Action Plan Amendment approved by HUD, HUD requires that at least 50% of total funds must be used for activities benefiting low and moderate income (LMI) persons. However, the summary also states that “all programs will have an LMI priority.”
Click here to see the complete text of the GLO’s action plan amendment approved by HUD on March 18.

Berry didn’t see the LMI focus as a problem, though. He concluded by saying, “The goals of this court in terms of protecting the most people at the highest risk of flooding, and who are the most vulnerable from recovery, all of that seems straight up the alley of the way we should be distributing this money.”  

Ellis Wants More But…

Ellis said that he still wanted to fight for more funding. He felt the City of Houston and the County each deserved $1 billion. And he wanted to fight for another $250 million. He volunteered to fight on the City’s behalf, too. No one told him that all the flood mitigation money had already been committed.

Ellis claimed the City got $0, but HUD and the GLO made a direct allocation to the City of $61,884,000. And the Houston Galveston Area Council (H-GAC) received $488 million.

According to Brittany Eck, a spokesperson for the GLO, “Funding for three competitions, Harris County’s allocation, and the Regional Mitigation Program all totaled more than $3 billion. Entities within H-GAC were either awarded or allocated a little over 56% of that. Congress has not indicated additional funding may be coming, though it could appropriate additional funds at any time. But that is not likely.”

Posted by Bob Rehak on 4/6/2022

1681 Days since Hurricane Harvey

City of Houston Re-evaluating Benefit-Cost Ratio on Lake Houston Gates Project Alternatives

According to minutes of the Coastal Water Authority (CWA) February 9 board meeting posted in March, work on the project to add more gates to Lake Houston was paused in January while the City of Houston updated the project’s benefit-cost ratio.

gates for Lake Houston and Conroe
Lake Houston and Lake Conroe gates side by side. Lake Conroe’s gates (right) can release water 15 times faster.

CWA Board Minutes Give High-Level Overview of Concerns, Status

Screen capture from CWA Feb. 9, 2022, minutes approved and posted in March.

Earlier, in December, the board learned that the project team was trying to get the benefit/cost ratio above 1.0, so benefits exceed costs.

Screen capture from CWA January 12, 2022, board minutes.

At that time, the CWA hoped to receive the updated BCR later in January. But it still hadn’t happened by the February board meeting.

Martin Says “September-ish” for BCR Report

City of Houston Mayor Pro Tem Dave Martin said he hopes to have the BRC report in a “September-ish” time frame. I asked him whether the Community Impact report was accurate when it said the project had been scaled back to 500 feet of crest gates as opposed to the original 1500 feet. He said “no,” and that the engineers were looking at multiple options. He also said “1.0 is incorrect as well,” but did not elaborate.

That leaves a lot of questions regarding this project.

History of Project

After Harvey, the Lake Houston Area Task Force identified adding additional gates to Lake Houston as one of three primary strategies to reduce flood risk in the Lake Houston Area. The idea: to equalize the discharge rates of the flood gates on Lake Houston and Lake Conroe. Conroe’s is 15X greater. That makes it difficult lower both lakes quickly in advance of approaching storms.

As a temporary strategy, the City and SJRA agreed on a temporary, seasonal lake lowering strategy to create more capacity in Lake Conroe until more gates could be added to Lake Houston. But the strategy met with significant pushback from Lake Conroe residents and lawmakers. The Lake Conroe Association even took the SJRA to court to stop it.

At various times, City representatives have discussed 10 and 6 additional tainter gates, plus 1500-, 1200-, and 1000-feet of crest gates. Engineers and City officials have repeatedly emphasized the need to balance costs, downstream impacts, and flood risk reduction.

Back in October 2020, the engineers calculated that the upstream influence of the dam ended at approximately Lake Houston Parkway. But they never explained why. It would seem that if the influence extended upstream to US59 when the lake is at its normal level, that the influence should extend at least that far in a flood. However…

BCR Not Based on Harvey Damage

Much of the damage to the Humble/Kingwood Area during Harvey happened upstream of the West Lake Houston Parkway Bridge. It included:

  • $60 Million to Kingwood College
  • $70 million to Kingwood High School
  • $50 million to Kingwood County Club
  • 283 homes in Barrington
  • 218 homes in Kingwood Lakes
  • 97 apartments in Kingwood Lakes
  • 110 homes in Kings Forest
  • 100% of businesses in Kingwood Town Center
  • 225 homes in Kingwood Greens
  • 30 homes in Deer Cove
  • 3 Homes in Deer Ridge Estates
  • 32 homes in Trailwood Village
  • An unknown number of homes in Forest Cove
  • 78 townhomes in Forest Cove
  • All of the Big Box stores along 59
  • Homes and business north of Deerbrook mall
  • 40% of all businesses in the Lake Houston Chamber
  • Humble ISD admin building
  • Destruction of US59 southbound lanes
  • Union Pacific Railroad Bridge

However, Black & Veatch does not base its benefit-cost ratio calculations on another Harvey. They’re basing it on 25- and 100-year storms. Almost all homes, businesses and infrastructure near the lake are already above those levels – at least based on pre-Atlas 14 standards. That may explain the difficulty and delays with benefit/cost ratio calculations and the multitude of scenarios examined.

Time, Uncertainty: More Factors to Consider in Cost and Risk Reduction

Each flood-risk reduction alternative would reduce lake levels by a different amount during a 100-year storm and therefore require its own BCR.

Other factors to consider: How much time do dam operators really need to lower Lake Houston? And how much uncertainty are they willing to live with?

Given the desire to preserve water, these are crucial considerations. If forecasters can reliably predict a need to lower the lake two days before a storm instead of one, operators may only need half the number of new gates. That could get the cost down to the point where the benefit-cost ratio needs to be.

But don’t forget another element of uncertainty: Atlas 14. FEMA has not yet approved the new flood maps based on the higher rainfall totals. Those could put more people in or closer to the floodplains. Below is the timetable for flood map updates currently posted on the MAAPnext website.

Timetable for flood map updates from MAAPnext.

Posted by Bob Rehak on 4/4/22 and updated on 4/5/22 with MAAPnext timetable

1679 Days since Hurricane Harvey

All Clear: New Development in Humble Near Floodplain

While driving home from Humble this afternoon along Townsend Blvd. north of FM1960, I passed near a clearing so large and with trees piled so high that my jaw dropped into my lap.

I pulled over into the Aldine ISD school’s parking lot and put up a drone. The piles of downed trees looked about 30 to 40 feet tall. According to HCAD, several residential developers own the property in question. According to the US Fish and Wildlife Service (USFWS), the property contained wetlands. And according to FEMA, the property sits right on the edge of the 500-year floodplain. But FEMA’s map dates to 2014. This sits just west of Costco where Harris County Flood Control District took all those signature shots of Harvey flooding.

Photos Taken 4/3/2022

I took the pictures below this afternoon.

Looking NW from over Sam’s rear parking lot for trucks.
Panning left from first shot. Looking W toward Townsend Blvd. That’s Walmart in the upper left and Aldine ISD’s Jones Middle School in the upper right.
Looking SE from over Townsend toward Humble Deerbrook Mall in upper left and Sam’s in upper right. FM1960 is out of sight beyond Sams. Note wet area above leftmost trees and see Wetlands Map below.
Drone was at about 35 feet for this photo. Note how you cannot see roof of middle school. And some points in log piles appear higher than camera.
Fallen trees on cleared land in Humble.
Trees are almost as tall lying down as they were standing up.

Location Relative to Floodplains

Location of floodplains relative to property circled in red. Background map is from FEMA’s National Flood Hazard Layer Viewer. Note the flood map is based on 2014, pre-Harvey data and is currently being revised. Floodplains may expand.

Because no one lived on these parcels during Harvey, I’m not sure whether they flooded. Perhaps someone who lives nearby can tell me.

Property Had Some Wetlands

The large green spot in the center of the red circle appears to roughly correspond to the wet spot in the third photo from the top. From USFWS National Wetlands Inventory.

Plans for Property Not Yet Clear

The parcels of land in Harris County Appraisal District’s Map don’t exactly match what you see cleared in the photos above. Three residential developers appear to own all parcels in the vicinity. They include Hannover Estates, Townsen Landing LLC, and Headway Estates LTD. I saw no signage on the site indicating a name for a future development.

Altogether the parcels of land total more than 3.1 million square feet or about 71 acres.

I have not yet obtained construction plans or a drainage analysis for this land.

Posted by Bob Rehak on 4/3/2022

1678 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.

Interview With Vidal Martinez, Republican Candidate for County Judge in May Runoff

Vidal G. Martinez began his career in 1978 as an Assistant U.S. Attorney in Houston. Since 1981, he has been engaged in private practice as Managing Partner of Martinez Partners LLP. Martinez has been chairman of the State Bar of Texas. And was appointed by former Texas Governor Bill Clements to the University of Houston Board of Regents where he also served as Vice Chairman. During decades of public service, he has helped lead more than three dozen organizations such as the Greater Houston Community Foundation, Greater Houston Convention and Visitors Bureau, Houston Housing Authority, Houston Port Authority, Houston Proud, Salvation Army, Texas Children’s Hospital, and Methodist Hospital (where he has been a director for 30 years).

Vidal Martinez, Republican candidate for Harris County Judge in May runoff election.

Rehak: Thank you for your great history of public service. Today, I’d like to talk to you about flooding: specifically, partner funding; what our neighbors are doing upstream; growth; and your priorities for flood control. Let’s start with partner funding. How do we get more?

Leveraging Relationships to Accelerate Partner Funding

Martinez: When I was a port commissioner, we always had to chase about $600 to $700 million every five years for the widening and deepening of the port. So, we worked closely with our congressional delegation to put pressure on the Administration. We were in direct contact. We had the whole business community, the Greater Houston Partnership, and leaders, all touching base on their areas of influence and pushing things forward. That was a formula that worked, and it didn’t matter which party was in power. My years on the Port Commission had Clinton and George W. Bush in the Oval Office. You go to different leaders that influence that administration but the principle is the same.

That’s the way we did it before. And that’s the way I would approach partner funding.

This is something our community deserves right now. I’m not willing to wait till January. We need to start putting pressure on right now.

Rehak: You’re aware of this flood resilience trust Commissioners Court created using money diverted from the toll road authority and other parts of the county budget to start projects where we have not yet confirmed partner funding. Do you think that’s a wise thing? To decouple partner funding from the starts of projects? Or should we wait until we get a definitive answer on the partner funding?

Martinez: We should wait until we get a definitive answer. You can do more projects that way.

Working More Effectively With Neighboring Counties

Rehak: Let’s move on to upstream neighbors. On the outskirts of Harris county, we see a push by neighboring counties to attract development by lowering flood regulations or not enforcing them. They say, “It’s going to be cheaper here for you. Your profit margins will be better.” How can we work with those counties so they don’t make things worse as we spend money to make them better?

Martinez: It’s best to get the federal government involved. Ergo, you go to congressional representatives who cover those areas, like Dan Crenshaw and Morgan Luttrell. Luttrell is running for Kevin Brady’s seat now that Brady is retiring. I’m friends with both.

You start out by going back to the wallet. The people who affect that wallet the most are your congressional representatives. Nobody is a stand-alone when it comes to funding. They need that federal money.

You start with a distinct conversation with these communities that say there are “no rules.” You explain how it affects your water and flooding downstream. And you say, “You can’t do that.” You start at the political level. And then you go back again to funding mechanisms. That usually helps people clearly see what their options are going forward.

Rehak: Is there anything else that can be done in that regard? Would you favor, for instance, the formation of a regional flood control district?

Martinez: Yes, I would. And I pushed for that.

Need for Regional Planning to Sustain Growth

Rehak: Let’s talk about growth now. How can we strike a better balance between development and flooding? I mentioned that Montgomery County has this “beat the peak” methodology that they use to let developers avoid building detention ponds. So, flood peaks build faster and higher. There are lots of technical issues like that.

Martinez: Well, you’re going to have to school me on what you think needs to be done. 

Rehak: People need to deal with their own run off. Three words. “Retain your rain.” If everybody did that, nobody would flood. 

Martinez: Ed Emmett said that all the time. He said, “We can take care of our own water. We can’t take care of everyone else’s water.”

I’m willing to learn, listen and prepare a plan that makes sense for Harris, Montgomery County, Liberty and other counties. We need to talk to the political leaders and stop the war. Let’s figure out a regional plan that works.

Need for More Fairness in Setting Priorities

Rehak: How would you set priorities? You’ve heard of the County’s equity prioritization framework. Some commissioners are now talking about fixing 500-year flooding inside the Beltway before fixing two-year flooding outside the Beltway. They’re using “equity” as an excuse to shift ever greater sums of money from outlying areas.

Martinez: I’m against this phenomenal reversal. There will be a new start in January 2023. A 3-2 difference means we can stop this. We must treat everyone fairly.

Rehak: Any last thoughts?

Martinez: Get ready for January 3rd. Things are going to start to change.

To learn more about Vidal Martinez and his position on other topics, visit his campaign website.

To compare his opponent’s position on flooding topics, see this interview with Alexandra Mealer.

Posted by Bob Rehak based on an interview with Vidal Martinez

1677 Days after Hurricane Harvey

Interview with Alexandra Mealer, One of Two Candidates in Republican Runoff for Harris County Judge

Alexandra Mealer is one of two candidates in the Republican runoff election for Harris County Judge. Mealer is a West Point graduate who retired from active duty as a Captain after ten years of service in the US and Afghanistan. She returned to graduate school where she earned MBA and JD degrees from Harvard before pursuing a career in energy finance. She worked on billion-dollar mergers, acquisitions, and financing projects for public and private energy companies as a VP for one of the nation’s largest banks.


Flood Bond: A Promise to Taxpayers

Rehak: I’d like to discuss flooding in Harris County and what you would do differently to improve flood control. 

Mealer: The county judge wants to talk about everything but governance. That’s my big takeaway. She isn’t interested in doing the hard work. And that’s showing up. When I’ve been at Commissioners Court, they’ll talk for hours about a football team. 

In Flood control, the flood bond was a promise to taxpayers. We have an obligation to complete those projects. Voters approved just under 200. So, I would ask, “Why isn’t Lina Hidalgo actually attending some of her own flood task force meetings?”

Rehak: That’s a good question.

Mealer toured the Forest Cove Townhomes destroyed during Harvey to get a first-hand feeling for what the Lake Houston area faces.

Mealer’s Priorities

Mealer: One of my highest flood-related priorities is to make sure we’re budgeted to cover maintenance, instead of deferring it. 

After that, a lot of my time will go towards making sure we are getting outside dollars if we’re going to do more mitigation projects. Hopefully they’re going to do this tunnel system. Tunnels alone could cost another $5 billion. But that’s just fixing one area of the county when we’re shifting money from other departments to help pay for current projects.

We know we need a lot more. But Hidalgo isn’t really focusing on the budget. Or spending the time on flood control that it deserves. That’s where I can make a difference. I just got back from Cypress Creek. You need to understand all these different areas because this is probably the most complicated topic of any governance issue the county faces right now. Hidalgo just hasn’t shown the time commitment at that basic level. And there’s no excuse for that. Time is the one thing you CAN control. Instead, she seems to be focusing on patronage jobs.

The best thing about my background is that all these backroom deals disgust me, to be frank. 

Proposed Solutions for Next-Level Flood-Control Funding

Rehak: What solutions would you propose. Your website talks about a bipartisan state delegation and bipartisan federal delegation to help with funding; and establishing a technical task force. And you gave yourself a 90-day timetable to put all that together and get that plan rolling. You also said fixing flooding must be above politics. Regarding the last point, how does your military experience relate? 

Mealer: At the highest levels, military decisions, of course, are political. But the closer you are to boots on the ground, they become more mission driven. 

Rehak: I’m assuming that you would try and keep flood-control priorities on a mission level as opposed to a political level.

Mealer: Yes. I’m very data driven, too. To say “Kingwood gets all the money”…that was unfair. Just look at the dollars! That doesn’t need to be political. You can just look and see where dollars were spent and rebuff that assertion. 

Mealer’s Definition of “Worst First”

Beyond that, I don’t hear anyone saying much of anything except “worst first.” We need define that and go beyond it.

I’m looking at a) the most impacted areas and b) what’s shovel ready. If you told voters you’d do X, that’s your obligation when you’re using their money. And that’s why we need such a strong focus on partner funding. We made promises. And they will require partner funding to fulfill them.

But Lina isn’t upholding those promises. It’d be different if she’d exhausted all options. But there are tons of state delegates and congressional reps that we’ve never even spoken to. I want to hold quarterly meetings with those delegations. And I’ll be the first to compliment anyone who brings home flood-control dollars. We need to throw our weight around until people act on this.

Start blocking and tackling those roadblocks. Don’t just move on when someone gives you bad news.

Improving Upstream/Downstream Cooperation

Rehak: Down by the West Fork San Jacinto, we had some condos swept off their foundations by the 240,000 cubic feet per second coming downstream from outside the county. What can we do to get our neighbors to the north to be more sensitive to the amount of floodwater that they’re sending downstream?

Mealer: We can offer our staff to advise them on regulations and help institute them.

Obviously, they’ll have some builders who won’t want to see higher retention pond requirements. But flooding is not good for economic vitality. 

We need to get all community leaders to recognize that. And be very vocal about it to exert pressure on the outliers. 

We also need ways to catch bad plans and mobilize people downstream before the plans go forward. That’s a problem. Neighbors don’t catch onto them until permits are being pulled and the project is well underway.

Some counties are not living with consequences. It’s easier to send floodwater downstream. And that’s where I think you can use more of governments’ full weight and power. Having good regulations downstream while those upstream get a free pass…that doesn’t work.

“Every Citizen Should Be Terrified when a Politician Says Equity”

Rehak: What are your priorities? Would you fix 500-year flooding in a poor area before two-year flooding in an affluent area? 

Mealer: I’d attack the worst first. And then within that, “Who’s the most shovel ready?”

When I say “worst first,” I mean government should mitigate the most harm for the most people. It’s all based on risk and damage.

Alexandra Mealer

Every citizen should be terrified when a politician says “equity.” You should have clear standards. 

Lina Hidalgo doesn’t really mean “worst first.” She means “worst first plus equity.” But equity means whatever she wants it to mean today. It’s changed three or four times already.

Rehak: Does worst mean “when the poorest area floods” or does it mean “areas that had the most damaged structures”?

Mealer: Damage. But even that’s not clear because somebody who floods every two years should be higher on the priority list than someone in the 500-year floodplain who would only flood in a mega-storm.

Getting It Done Faster

We’re confined by what voters approved. All flood-bond projects are underway. We need to keep pushing the ball forward where and when we can. I would not hold money up for a project that won’t move forward for six months if there’s something we can build with that money now. The whole point is to fund all the projects. I’m not changing approved projects that we promised voters.

More About Mealer’s Background: From Bomb-Squad Operations to Billion-Dollar Boardroom Deals

Rehak: Your primary runoff opponent touts his local experience. Tell me about your background.

Mealer: I was born in Sacramento, California, and recruited by colleges on both coasts as a tennis player. Then 911 happened. At 18, I went to West Point. Then, I spent the next ten years living in eight different states and overseas. 

In 2012, when I got out of the Army, my husband and I decided to move to Houston. We both wanted to work in oil and gas, so we did summer internships here while going to grad school. We officially moved here full time in 2016. 

My primary runoff opponent and I are very different. He’s got 40 years of experience in politics and a lot of good relationships. But sometimes coming in with a fresh slate is good, too. 

I also have a lot of executive emergency-management experience. I spent years working in a bomb-squad operation center. That high-pressure experience is a very transferable to hurricanes. The skills you use – the decision-making criteria – are very similar to when I had to do an all-nighter in a tactical operations center. You’re trying to quickly make decisions and allocate resources…with little margin for error. So, I know the battle drill.

I wanted this job because it’s so heavy on the budget/financial side. That’s where I spent my last six years. I’ve had true executive experience, building organizations.

A Boots-on-the-Ground Leader: “I’m About Shoe Leather”

How you run a campaign is, I think, a reflection of how you will govern. I have a lean staff and a grassroots campaign. I try to be very “boots on the ground.” I’m about shoe leather. That reflects my personality. 

I’m not satisfied to just have somebody tell me the answer. I want to dig in and make sure I understand it. I have that curiosity, which I think is important, especially in flood control. 

We need somebody who’s going to get out there and not just be holed up in the office.


To learn more about Alexandra Mealer, visit her campaign website. The Republican runoff is on May 24, 2022.

To compare her opponent’s positions on flood control, read this interview with Vidal Martinez.

Posted By Bob Rehak on 4/1/2022

1676 Days since Hurricane Harvey

How Insufficiently Mitigated Upstream Development Imposes Taxation without Representation on Downstream Residents

This post is a case study in how insufficiently mitigated upstream development can result in taxation without representation on downstream residents.

Last week, I photographed Ben’s Branch from the Tree Lane Bridge after a two inch rain. Last night, I saw a presentation about urban channel evolution. The photos (with some taken earlier at the same location) perfectly illustrated the points in the presentation by Carolyn White of the Harris County Infrastructure Resilience Team.

White’s presentation followed another by Maryanne Piacentini of the Katie Prairie Conservancy and Lisa Gonzalez of the Houston Audubon Society. All three talked about the importance of nature-based strategies in reducing flooding. White’s presentation and my photos show what happens when you ignore the kind of solutions Piacentini and Gonzalez discussed: riparian buffers, natural channel design, conservation easements, wetland preservation, low impact development and more. As the photos below will show, insufficiently mitigated upstream development creates taxation without representation on downstream residents.

White’s Presentation on Urban Channel Evolution

The following three slides from White’s presentation illustrate the process of stream downcutting.

downcutting step one
Upstream urban development creates faster, more frequent runoff resulting in erosion and downcutting.
As the stream deepens, banks become stressed and the bottom degrades, through a process called incision.
Eventually, the banks collapse. As slabs fall off, riparian vegetation collapses into the stream. Excessive erosion impairs water quality. The stream and surrounding infrastructure become harder or even impossible to maintain.

MoCo Developments Along Bens Branch Illustrate Principles

I’ve lived near Bens Branch for almost 40 years. For most of its length from Woodland Hills Drive to Kingwood Drive, it meanders through an 800-foot wide heavily forested greenbelt. That greenbelt provided a natural buffer from flooding. The trees also provided friction for floodwater that reduced its velocity and therefore its erosive power.

Upper Ben’s Branch watershed in 1985. Large parts of Kingwood (left and right) were still under construction. Note the large green spaces in the upper left (headwaters of Bens Branch). Ben’s Branch cuts diagonally from upper left to lower right.
Same area in December 2021. The MoCo/Harris County Line cuts diagonally through the photo above from near the upper right to the lower left.

Brooklyn Trails on Bens Branch Tributary

As the upper watershed developed, developers took less care to protect those trees. They practiced clearcutting. And each promised the MoCo county engineer that there would be “no adverse impact” – a condition for obtaining building permits.

Brooklyn Trails was one of those. You can see it in the satellite photo above at the top of the frame next to the railroad tracks a block east of US59.

Brooklyn Trails
Brooklyn Trails was all forest until recently.
Brooklyn Trails homes
High density development replaced…
Brooklyn Trails wetlands
…forested wetlands, nature’s retention ponds. From US Fish & Wildlife Service National Wetlands Database.

The developer of Brooklyn Trails understated detention pond requirements by 30%. And claimed there were no wetlands on the site. But this development is certainly not the only one affecting Bens Branch.

Preserve at Woodridge Forest: 11+ Homes to Acre

A little farther east, between Kingwood Park High School and St. Martha Catholic Church, Gueffen is building 11+ homes to an acre on a 17 acre site. Some are as large as 660 square feet and less than five feet from their neighbors.

Preserve at Woodridge
Preserve at Woodridge with rentable homes as large as 660 square feet.
preserve at Woodridge
The Preserve at Woodridge is still under construction along this ditch that feeds into Bens Branch one block south.

On the other side of St. Martha Catholic Church, Woodridge Forest continues its relentless growth west along Bens Branch. Detention ponds in that area are less than optimal. In fact, the one below is sub-functional.

Bens Branch at St. Martha Catholic Church
This detention pond was blown out during Harvey and hasn’t been fixed since. The outfall is wider than the inlet. Water flows both around and straight through the pond.

Downstream in Harris County, Your Tax Dollars at Work … Again and Again.

A little farther downstream in Harris County, Bens Branch crosses under Tree Lane near an elementary school. Due to excessive erosion, the City undertook major repairs on the bridge substructure exactly two years ago. Here’s what it looked like before the repairs.

Bens Branch at Tree Lane
Bens Branch undercutting supports for bridge at Tree Lane. Photo taken December 2019.

Just 2 years later, it’s time to start over on the repairs.

Bens Branch bridge over tree lane
Same location again. Photo taken March 23, 2022. Note collapsed wing wall and storm sewer outfall.
Close up of crushed storm sewer outfall.

In a large, intense rainfall, that crushed outfall could back water up into neighboring streets and homes.

Increasing Erosion May Soon Require More Maintenance

Next, look at these two photos of Bens Branch from 2019 and 2022.

Bens Branch in November 2019 after HCFCD had removed fallen trees that dammed up stream.
Same location today. Erosion has expanded…in foreground as well as around bend in top left corner of frame.

Within the last year, HCFCD finished a major sediment removal project on Bens Branch downstream from here. At this rate, it won’t be long before they need to redo the job.

The City also was forced to remove sediment from under the Kingwood Drive Bridge over Bens Branch just six months ago.

City excavation crews working to remove sediment on Bens Branch under Kingwood Drive
Excavation of Bens Branch under Kingwood Drive by COH, August 2021.

The Hidden Tax of Insufficiently Mitigated Development

These pictures dramatize the points made in the first three images above. Especially the one about “limited ability to maintain.” Insufficiently mitigated upstream development imposes maintenance and repair costs that increase taxes on downstream residents. This is why we need a regional approach to flood mitigation. And why we need to harmonize regulations across county lines. Until we do, insufficiently mitigated upstream development will result in taxation without representation on downstream residents.

Posted by Bob Rehak on 3/31/2022

1675 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.