Texas Now Has Flood Disclosure For Renters

Several years ago, a new Texas law mandated flood disclosure for home buyers. Effective January 1, 2022, we now have a similar law for renters. The last legislature added a new section to the Texas Property Code: § 92.0135. But read the fine print. The law has some huge “qualifiers.”

Jennifer Parks Rental townhome
Many of the Marina Drive Townhomes destroyed by Harvey were rented out. Even though the ground level flooded frequently, landlords in such situations would not have been required to disclose past flooding...until this year.

Floodplain Disclosure Requirement

The new law requires landlords to provide tenants with special notice if their structure is located in the 100-year floodplain designated by FEMA. The notice must also inform tenants that:

  • “Even if the dwelling is not in a 100-year floodplain, the dwelling may still be susceptible to flooding.”
  • “Most tenant insurance policies do not cover damages or loss incurred in a flood.”
  • “You should seek insurance coverage that would cover losses caused by a flood.”

Exception for Elevated Structures

However, the landlord is not required to tell tenants that the property is in the floodplain if the building has been elevated above it. Hmmmm. What about that vehicle in the parking lot?

Flood Disclosure Required…But Only If in Past 5 Years

Regardless of the floodplain status, if a building has flooded in the last five years, the landlord must disclose that to a prospective tenant. This five-year limitation, is one of the biggest flaws in the law, in my opinion. The landlord would currently not have to disclose flooding in the 1994, Allison, Ike, the May 25-27 floods in 2015, or the Tax Day and Memorial Day Floods in 2016. And come September, the landlord would not have to disclose flooding during Hurricane Harvey either.

A lady in the apartment complex pictured above flooded eight times in five years!

Written Communication, Separate From Lease Required

However, if the landlord must provide notice, he/she must do it in separate written communication at/or before the signing of the lease.

“Substantial Loss” May Trigger Termination of Lease

If the landlord fails to provide the required notice AND if the tenant suffers a “substantial loss,” the tenant may terminate the lease within 30 days after flood damage occurred. The law defines substantial as 50% or more of the value of repairs to or replacement of the renter’s personal property – on the day the damage occurred.

Lease Termination Only Allowed For 30 Days

Another “but”: termination of the lease becomes effective when the tenant moves out, not at the time of damage.

Within another 30 days after the termination of the lease, the landlord must refund “all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease.”

Flooding No Excuse for Unpaid Rent

The new law does not affect “a tenant’s liability for delinquent, unpaid rent or other sums owed to the landlord before the date the lease was terminated.” So, in other words, if it takes you a full month to move your flood damaged possessions out after the flood, you would owe the landlord for that month.

I am not a lawyer and do not provide legal advice, but that’s how I read the law. Regardless of whether you are a landlord or a tenant, you should read it yourself and discuss it with your lawyer if you have questions.

Posted by Bob Rehak on 4/16/22 based on a tip from a reader

1691 Days since Hurricane Harvey

Lake Houston Area Flood Prevention Initiative Takes Position on SJRA Sand Trap Proposal

Bill McCabe of the Lake Houston Area Flood Prevention Initiative submitted this letter in response to the SJRA’s Request for Public Input on its Sediment Removal and Sand Trap Pilot Study proposal. He raises a concern that no one else has so far: The proposal may run afoul of the recently adopted Best Management Practices for Sand Mining in the San Jacinto River Watershed. The essence of the study’s recommendation: allow sand miners to remove sediment from the point bars outside mines. However, the BMPs stipulate undisturbed buffer zones between mines and the river.

Page 8 of the Freese & Nichols Sediment Removal and Sand Trap Study for the SJRA shows this schematic of the recommended solution.

McCabe has given ReduceFlooding.com permission to reproduce his letter. See below.


To the SJRA:

Thank you very much for the opportunity to respond to the Sand Trap Study you have formulated. I think your initial work is excellent and commend you on your data gathering.  However, there are a few points I would like you to consider before proceeding.

As you know, my group worked very hard with TCEQ to establish Best Management Practices (BMPs) for Sand Miners in the San Jacinto watershed.  This Rulemaking was approved in early 2022 and incorporated into 30 TAC Chapter 311, Subchapter J.  Also approved was corresponding Regulatory Guidance document RG 555, implementing the BMP Rules.

Key Provision: Undisturbed Buffer Zones

A key provision of the Regulatory Guidance is:

2.1.1 Vegetative Buffer Zones Vegetative buffer zones are continuous undisturbed or planted vegetated areas that surround a development, or land disturbance activity, or that border an intermittent stream or permanent water body. Buffer zones aid in sediment filtration and removal by slowing surface water flow through these areas. Disperse construction site runoff over the entire buffer zone if possible. A minimum 100-foot buffer zone is required adjacent to perennial streams greater than 20 feet wide, 50 feet for perennial streams less than 20 feet wide, and 35 feet for intermittent streams. Measure buffer zones from the stream bank to the nearest area of disturbance at the site.”

Study Recommendation is “Counterintuitive”

We had fought very hard to establish these buffer zones (at one time we had proposed buffer zones of 1,500 feet).  The very essence of this provision was to KEEP the miners out of the San Jacinto riverbed.  Now to go back and allow in-stream mining seems counter-intuitive to me.

Legal Complications of Waiving Buffer Zone

Additionally, I am not certain how you would get this buffer zone condition waived.  HB 1824 issues a waiver per the Parks and Wildlife Code, Sec. 86.017.  However, it does not address TCEQ regulation at 30 TAC Chapter 311(J), which was implemented AFTER HB 1824 was passed.  You need to have your staff look at the interaction between the two conflicting provisions.

More Holistic Approach Needed

Before proceeding, I would suggest looking closely at Bob Rehak’s Holistic approach to reducing sedimentation, as outlined in one of his recent articles:

  • Revegetating riverbanks
  • Dredging more often where the sand builds up near the mouth of the West Fork
  • Dredging a channel through the mouth bar area
  • Reinforcing sand-mine dikes to withstand floods
  • Leaving more natural green space between mines and the river
  • Moving sand mine stockpiles out of floodway/floodplain areas
  • Only clearing areas actively being mined
  • Decreasing the slope of sand mine dikes

https://reduceflooding.com/2022/03/27/sjra-seeks-public-input-on-sediment-trap-proposal/
Yours truly,

William McCabe, Lake Houston Area Grassroots Flood Prevention Initiative 


If you have questions or comments on the SJRA’s Sediment Trap Proposal, please submit them via email to: floodmanagementdivision@sjra.net

Deadline: No later than April 29, 2022

Posted by Bob Rehak on 4/15/22 based on a letter by Bill McCabe, Chairman of the Lake Houston Area Flood Prevention Initiative

1690 Days since Hurricane Harvey

Editorial: Brain Drain in Harris County Government Compromises Service, Productivity

(Updated 4/15/22 with additional information.) The high-level brain drain among department heads and their deputies in Harris County Government compromises both service and productivity.

An article in The Texan about the fiasco at Universal Services, Harris County’s IT department, discussed the department’s new CIO. A system used by law enforcement, prosecutors, and the courts went down for two days. So, a magistrate ordered the release of 280 suspects who had been held without the requisite probable cause or bond hearings. 

Those who testified about the root cause for the system outage in commissioners court cited high turnover among IT personnel and the resulting lack of institutional knowledge as two main causes. 

That got me to thinking about leadership turnover in Harris County departments. 

Earlier this year, the County announced FIVE new department heads in ONE commissioners court meeting! After my investigation, I learned that at least 16 of 20 department heads have changed under County Judge Lina Hidalgo. Some department heads have turned over more than once during Hidalgo’s time in office!

Professional Vs. Political Credentials

Turnover is a fact of life in any organization. And at the federal level, you expect department heads to change with incoming administrations. But at the county level, not so much.

At this level, holding a job should be about technical proficiency, not political affiliation. Service is about fixing things, such as potholes, drainage and flooding. Or supplying disaster relief and healthcare. Job success requires professional qualifications and experience more than political loyalty. You wouldn’t choose a heart surgeon because of his/her political affiliation. Would you?

And as one source, who needs to remain anonymous, told me, “ABRUPT change or turnover is never good. There is not adequate time for proper transfer of information, or proper handover of programs, projects, and initiatives.  When folks resign abruptly or worse yet, are let go for political reasons, there is no immediate training and there is no transfer of information on critical and important work.”

Extraordinary Turnover Among Management

I am not saying that new appointees are not talented or qualified. They may be; I just have no way of knowing. However, I will say this based on 50 years of business experience. Excessive turnover almost always lowers productivity, disrupts service, creates costly rookie errors, and leads to unnecessary replacement costs.

By any measure, Harris County has had an extraordinary amount of turnover lately – especially at high- and mid-levels. The heads of at least 16 departments out of 20 have been forced out. That’s 80%.

Many reportedly resigned under pressure. Some had worked for the county for more than 30 years under multiple administrations. Moreover, some groups in the Engineering Department have lost up to FOUR levels of management.

How High Turnover Lowers Productivity

Excessive turnover can lower productivity several ways. 

  • Finding replacements for talented employees increases recruitment and training costs, both of which are avoidable.
  • High turnover typically lowers employee morale, which affects productivity. Employees worry less about job performance than whether they will be forced out next. 
  • After employees leave, remaining staff try to shoulder extra work and may burn out due to the higher workload.
  • When new hires finally arrive after several months, teaching them how things operate distracts current employees from their own work on projects. 
  • New hires also often struggle with new responsibilities and procedures. Departing employees take all their knowledge, experience, and skills with them. While remaining employees can provide some of that, they can’t provide it all. That lowers productivity while the new employees try to figure things out.

And the more specialized the job is, the more acute “the productivity drag” usually is. The loss of a good, high-level manager can affect the productivity of a whole department.

Main Reasons Why People Quit

In addition to the people forced out, many have quit. When you look at the main reasons why people quit, they include:

  • A toxic work culture. In terms of predicting quitting, a toxic culture is ten times more important than compensation. High turnover signals that something is seriously wrong with management or the culture.
  • The boss. According to multiple studies, most employees quit their boss, not the organization. Professionals want bosses who can teach them things and help them grow within their professions. Political appointees may not have that skill set. 
  • Negative assessments of the organization’s future and their own. Employees’ feelings about the future can predict attrition. No one wants to be the last to the lifeboats.

Changes In Department Heads

At a minimum, recent changes in Harris County Department heads include:

1. Universal Services

Major General Rick Noriega replaced Bruce High, who served since 2009. According to Fox News, after taking over, Noriega reportedly lost 23 employees – in ONE group – and lied to commissioners about the number. Another source put the number in ALL groups closer to 100.

2. Flood Control:

Christina (Tina) Petersen, formerly with the Harris-Galveston Subsidence District, replaced Russ Poppe. Between Poppe and Petersen, Alan Black served as Interim Executive Director. Matt Zeve, Poppe’s second in command, resigned, as did Marcus Stuckett, Flood Control’s Director of Engineering, and Craig Maske, the District’s Chief Planning Officer. Those losses will make it more difficult for Petersen to get up to speed.

3. Engineering

Dr. Milton Rahman, PE PMP CFM ENV SP, (formerly deputy chief of staff for Commissioner Adrian Garcia) replaced John Blount, PE CFM LEED AP, as County Engineer. Blount served in the Engineering Department for 34 years under many different county judges and commissioners. According to one source who spoke on condition of anonymity, TWO group managers have been fired and SEVEN left voluntarily since Rahman took over. In some cases, FOUR levels of management are gone! My source says that Rahman wiped out all but one manager in the crucial Operations Group. 

Firings of long-term and well respected employees were done so unprofessionally, according to multiple sources, that it caused a huge impact on moral. As a result, numerous long-term employees left for higher paying jobs in  the private sector. The Engineer’s Office was always considered apolitical, working for all members of Commissioners Court equally. But no longer. Sources say Rahman has used political intimidation to transfer resources from other precincts into Garcia’s Precinct 2.

4. Public Health

Barbie Robinson from Sacramento, California replaced Umair Shah, MD, MPH. Her reviews have been mixed so far. According to one source I talked to, Ms. Robinson may still live in California. She has reportedly attended meetings via Microsoft Teams. I cannot verify how much time she spends in Houston versus Sacramento. Between Shah and Robinson, Gwen Sims served as Interim Executive Director for six months.

5. Community Services

David Turkel had served as the department’s Executive Director for more than 20 years when Daphne Lemelle replaced him in 2018. Lamelle then came under fire for failure to distribute Harvey relief funds quickly enough and for hiring Guy Rankin, the disgraced ex-head of the Harris County Housing Authority, who was fired by the County for allegedly misspending millions in Federal dollars. Josh Stuckey then became Interim Director. Dr. Adrienne Holloway then took over the department and was replaced by Thao Costis at the end of 2022. So, six leadership changes under Hidalgo.

6. Intergovernmental and Global Affairs: (No website)

According to LinkedIn, Ender Reed replaced former department director Donna Warndoff in 2020. He then took another job in the private sector in 2021. Hidalgo has not announced his replacement yet. Applications closed at the end of this March.

7. Economic Equity and Opportunity 

…is a new department proposed by Commissioner Rodney Ellis in 2020. He announced that Pamela Chan would become the department’s first executive director in 2021. That didn’t last long. According to one insider, she got “fed-up.” The new director is Diana Aguilar Ramirez.

On October 28, 2019, Jim Bethke began serving as Director of this new department. Dr. Ana Yañez-Correa replaced him less than two years later.

9. Election Administration:

This is another new office. Isabel Longoria was sworn in as Harris County’s first-ever elections administrator on Nov. 18, 2020. Lina Hidalgo lauded her experience as a community organizer. After long lines, technology glitches, understaffing, and failing to count 10,000 votes in the primary election this year, Isabel Longoria resigned on March 8. Hidalgo has not yet announced her successor.

10. Harris County Toll Road Authority (HCTRA): 

After leading HCTRA since 2014, the well respected Gary K. Trietsch, PE, retired in 2020. Roberto Treviño, PE, replaced him. It didn’t take long for the org charts to change. All but one of seven deputy directors in the department changed under Treviño. (See before/after org charts below.) According to one long-time county insider, reorganizing a department is the quickest way to purge people whose political obedience a new manager may question.  

11. Management and Budget:

In early 2020, Harris County fired Bill Jackson in an effort led by Commissioner Adrian Garcia. Jackson had headed the department for nine years and obtained a AAA bond rating for the county through prudent financial management. But certain commissioners claimed he wasn’t transparent enough. They replaced him with Dave Berry who held the job for a little more than a year before taking another county job in 2021. Daniel Ramos, formerly a deputy city administrator for the mayor of Baltimore, MD, replaced Berry. So, again…three leaders…in just TWO years.

12. County Administration:

This is a new department formed on June 29, 2021. Dave Berry heads it and is trying to organize it. Here is his planned org chart – minus names. It just shows departments. Notice how it effectively demotes all department heads by making them report to Commissioners Court through Berry and/or a deputy county administrator. Here is Berry’s transition plan

13. Human Resources and Risk Management:

…is also a new department reporting to Berry. He broke it out of Management and Budget. It will have three divisions: Human Resources, Benefits & Wellness, and Risk Management. Neither the website, Berry’s Transition Plan, nor the department directory list a director for this new department yet.

14. Office of Sustainability (No website):

This is not a full department. It will bring together staff from different departments and Commissioner Precincts whom Berry believes are best situated to act on sustainability initiatives. Lisa Lin, new as of Jan 25, 2022, will head the office. Lin formerly worked for the Houston mayor’s office, the city of San Antonio and Rice University. 

15. Pretrial Services:

In 2021, Natalie Michailides replaced Dr. Kelvin Banks who headed the department from 2016 to December 2020.

16) Pollution Control Services

Dr. Latrice Babin replaced Bob Allen in 2019. However, she was promoted from within, having worked in the department for 25 years. Bob Allen had headed the department since 2011.

80% of Department Heads Changed

That’s 16 out of 20 departments in Berry’s transition plan. What about the other departments?

  • The leader of Forensic Sciences has been Luis Arturo Sanchez, M.D. since 2003, long before Hidalgo took office.
  • Ed Emmett, the previous county judge appointed the current Fire Marshall, Laurie Christensen, and she still heads that department.
  • Edward Melton leads the Public Library Department. A Facebook post shows he was also appointed by Ed Emmett and is still there. I can’t find much more about him.
  • David Simpson is the Executive Director of the Domestic Relations Department. He has held that position since the department’s first executive director retired in 2001. His predecessor, Nancy Westerfeld, had held that position since 1984. So, just two leaders in 38 years, according to an employee who used to work in the department.

The first 16 departments have had 34 leaders under Hidalgo. And she is looking for new leaders for at least three of those departments – Intergovernmental & Global Affairs; Human Resources & Risk Management; Election Administration – so the total could soon climb higher. Perhaps she should start with a new Human Resources & Risk Management director.

Group Heads within Departments Replaced, Too

Turnover affects people below department heads also. Take the case of the Harris County Tollroad Authority, for example. Compare the two org charts below under Trietsch and his successor, Treviño. Only one person remained as of January this year.

HCTRA Org Chart in 2019 under Trietsch. Compare with the one below.
HCTRA Org Chart under Treviño less than two years later. Everyone except Tyler has been replaced, likely affecting productivity.

These charts dramatize the change at the deputy and assistant director levels. I couldn’t find comparable charts for other departments online. However, several sources told me that in Engineering, up to four layers of management have left in some groups. Another source told me that after the effort by Garcia to oust Bill Jackson (see #11 above), the number of people who decided to leave the county increased dramatically.

Turnover Isn’t the Only Thing to Increase 

Did the replacement of 16 department heads (sometimes more than once) result in improved service? Perhaps in some cases. But look at the headlines lately:

This is what you get when you put politics above professional credentials. As one person said on condition of anonymity, “The three Democrats on commissioners court are firing just about everyone hired by a Republican and replacing them with political loyalists.” You’re paying the price.

That price includes not only service disruptions and lower productivity. It also includes replacement costs for those who leave. Cost estimates for replacing managers range from 200% to 400% of their annual salaries. If the 400% estimate is accurate and if department heads made $250,000 per year, replacing them would cost a million dollars each. And some of these departments have had two or three heads since Hidalgo. That ads up to far more money than the Elevate Strategies Covid-Outreach Scandal. So why aren’t more people talking about excessive turnover?

Add Failure and Delay of Important Initiatives to Cost

Several sources told me about the failure and delay of important initiatives. You can add the loss of time in those initiatives and the cost of potential future impacts to the replacement costs above. The initiatives include:

  • Atlas 14: With the departure of key General Services and Permit Office personnel, who has the experience or know how to assist the development community on Atlas 14 implementation and floodplain changes in the very near future?
  • Environmental and Water Quality:  Are any experts left? Who understands the state and federal laws that impact/dictate projects?
  • County Transportation Plan:
    • The Equity Study has stalled. So has a framework to implement it. There has been no movement on equity in transportation.
    • Likewise, there has been little to no movement on Vision Zero, the county’s effort to eliminate traffic fatalities.
    • There has also been little to no movement on the county’s Multimodal, Major Thoroughfare plan to improve connectivity.
    • Nothing notable has happened lately on Low Impact Development, Green Infrastructure, or other environmentally-friendly projects.

And most important, as another hurricane season approaches, no Engineering staff remain that led Disaster Recovery Operations, i.e., debris collection; monitoring; road and bridge inspections; inventorying; permitting and inspections. 

As one person said, “No transition occurred! The expertise in disaster recovery, and floodplain mapping and management have vanished over a very short period of time. The exact same thing happened at Universal Services, but not as fast and deep. We can already see the results.”

Posted by Bob Rehak on 4/14/2022 and updated on 4/15/22 and 4/20/22 with new information

1689 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.

Review: I Would Have Never Bought This Home If I Knew It Flooded

On April 11, 2022, I read an outstanding guest editorial in the New York Times by Elizabeth Rush, a professor in the English Department at Brown University. The title: “I never would have bought this home if I knew it flooded.” It’s a story about the systemic causes of flooding and common-sense solutions that seem so difficult to implement politically…despite devastating consequences for so many flood victims.

A Kindred Spirit

Since Hurricane Harvey in 2017, I have covered many of the things Rush mentions. Reading about them in other parts of the country made me understand how the problems extend far beyond Harris County and Texas.

Rush starts by discussing how flooding seems to get worse each year. But hers is not just another climate change story. She also cites people filling in wetlands to put up strip malls, developing low-lying land, and flood maps that haven’t been updated for decades. Sound familiar?

Subtext of Deception

The unwritten subtext here is that of deception, although Rush never uses that word. Many of the people she interviewed felt deceived into buying flood-prone property, hence the title of her editorial.

The people she interviewed – both in government and the public – had many great recommendations:

  • Don’t build where it floods.
  • Stop recycling flooded properties.
  • Disclose flood risks.
  • Protect or restore ecologies that reduce flooding.
  • Make flood insurance fair.
  • Change the minimum requirements that communities must meet to be eligible to participate in the federal flood insurance program.
  • Revise antiquated regs that permit development of flood prone parcels, and which only mandate raising them after they flood.
  • Enforce the prohibition against selling federally subsidized flood insurance for newly built properties in areas likely to flood.
  • Make disclosure of past flooding mandatory – for renters as well as buyers. (Texas has had it for buyers for several years now.) And as of January 1 this year, Texas also has it for renters if flooding happened within the last 5 years.

Difficulty of Political Change

I have talked about each of those recommendations for years now. But political change is hard. It requires picking winners and losers. And few politicians are willing to pick sides in those arguments, especially in Texas where property rights rule.

Regardless, one can’t help but wonder whether the current system is sustainable. The National Flood Insurance Program is $20 billion in the red and just this month FEMA fully transitioned to fully risk-based premiums.

Professor Rush closes with a poignant truth from Brock Long, a former head of FEMA. “Rebuilding disaster-devastated communities ultimately costs much more than implementing stronger codes and mitigation programs over time,” he said.

She also cites the National Association of Home Builders, which is fighting changes. She says, they “are trying to fend off reforms by arguing, in part, that they will make homes unaffordable, especially for low-income buyers. But when a flood hits, it’s the poorest who often suffer most.” And really! Does anyone ever find a flood affordable?

Rush is a gifted writer and researcher. She was a finalist for a Pulitzer Prize in 2019 based on her book about flooding: Rising: Dispatches from the New American Shore. I highly recommend her essay and intend to buy her book.

Posted by Bob Rehak on 4/13/2022 based on an editorial by Elizabeth Rush in the New York Times

1688 Days since Hurricane Harvey

Deep-Time Digital Earth Program Could Revolutionize Sustainable Development

Deep-time Digital Earth is a consortium of international organizations, geological surveys, research institutes and industry. It’s the first “Big Science Program” of the International Union of Geological Sciences (IUGS). The group hopes to transform Earth science by “harmonizing global, Deep-time Digital Earth data, and sharing global geoscience knowledge.

River Grove Sand Bar
After Harvey, the Kingwood Diversion Ditch was blocked by this giant 12 foot high, quarter mile long sand bar. A Chinese member of the Deep-time Digital Earth team studied this bar as part of his doctoral dissertation. See below.

Massive Data Integration Effort

Think of this as a massive data integration effort. The end result: linked, interoperable databases that make information available across protocols, platforms, and scientific disciplines. They will use Big Data analytics, cloud computing, data mining, machine learning and artificial intelligence to link all earth-science data and encourage collaboration among experts. The experts could be in the various branches of the geosciences (i.e., geology, geography, meteorology, geomorphology, paleontology, sedimentology, etc.) as well as engineers, social scientists, and economists.

Data brought together in new ways may provide novel glimpses into the Earth’s geological past and its future.

Research will focus on:

  1. Life – global biodiversity patterns
  2. Materials – investigation of spatial and temporal distribution
  3. Geography – paleogeographic reconstructions
  4. Climate adaptation – geoscience solutions.

What is Deep Time?

Deep time means going back to the beginning of Earth’s history. John McPhee introduced the term to describe the concept of geologic time in his Basin and Range(1981), parts of which originally appeared in the New Yorker magazine.

Deep-time data is data relating to the changing processes that the Earth has experienced through the billions of years of geological time. It includes data on the evolution of life and climate, tectonic plate movement and the evolution of the planet’s geography.

Wedding Structured, Unstructured Data

Imagine trying to integrate all the studies of Earth, a subject approximately 4.5 billion years old. The studies include both structured and unstructured data. Think of structured data as information rigidly formatted in tables and databases – like what you found at a given depth while drilling an oil well. Unstructured data, on the other hand, includes the learning found in books, where the authors structured thoughts in unique ways.

Now imagine you’re able to relate everything.

Imagine the Problems You Might Solve

Imagine relating all this data to solve some of the world’s most pressing problems. For instance:

  • Population growth will greatly impact the Earth’s finite resources. It will put increasing pressure on water availability, both for drinking and agriculture.
  • The availability of fertile land is limited, a situation that is exacerbated by the degradation of natural ecosystems.
  • There will be increasing demand on finite sources of energy, with fossil fuels having to be extracted from previously unexploited locations.
  • Other rare materials are also being used at rates that are unsustainable, for example, demand for gallium for use in emerging technologies, such as thin layer photovoltaics. 
  • Geological scarcity is a critical issue, complicated by the geographical distribution of resources. 

Or perhaps you want to:

  • Reduce vulnerability to natural hazards, such as floods
  • Mitigate the effects of waste and pollution
  • Understand human influence on global change
  • Understand the geological processes involved in soil science
  • Manage resources and sustain the environment
  • Understand the relationship between geological factors and health.

The Sudden Bi-sociation of Two Previously Unrelated Planes of Thought

Imagine what collaborating with a million other scientists could lead to!

Arthur Koestler, in his landmark book, The Act of Creation, defines the creative process as “the sudden bi-sociation of two previously unrelated planes of thought.” Suddenly, while reading about one thing, you see a solution to an unrelated problem in something else.

Koestler gives hundreds of examples from the history of science, such as Newton getting dinged on the head with an apple and discovering gravity.

Who knows where Deep-time Digital Earth could lead? But I’m eager to follow it.

The San Jacinto River Connection to Deep-Time Digital Earth

Ironically, I first learned about this program from someone I corresponded with after Harvey. A Chinese student named Haipeng Li from the Colorado School of Mines working on his PhD dissertation visited this area to study erosion and deposition on the San Jacinto River. In one flood, you could see changes that might otherwise take several lifetimes. Haipeng used ReduceFlooding.com to study the aerial photos and review other scientific research archived on the site about the San Jacinto river system. Dr. Li later returned to China where he now works on the Deep-time Digital Earth Project.

You just never know where a chance encounter might lead!

Posted by Bob Rehak on April 11, 2022

1686 Days since Hurricane Harvey

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