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HCFCD Report Shows Kingwood Tornado was Widest, Longest, Strongest

Today, Jeff Lindner, Harris County’s meteorologist issued a report on last weekend’s (1/8/22 – 1/9/22) storm. One of the more interesting findings: According to the National Weather Service, the Kingwood tornado was the widest, strongest and longest of five that touched down in Harris County. See below.

EF stands for Enhanced Fujita Rating Scale, a table used to compare tornado winds. All these tornadoes ranked on the low end of the scale which goes up to EF-5. The scale considers 0 and 1 as weak tornadoes.

Wealth of Detail Beyond ReduceFlooding Reports

Lindner’s report confirms my “after-action” reports, but adds a wealth of details.

For instance:

Rainfall rates of 2-3 inches/hour were common in the slow-moving training thunderstorms.
That led to rapid and significant street flooding, and rises on area creeks and bayous.
The highest measured discharge (streamflow) rate was in Greens Bayou at Mount Houston Parkway – 7,067 cubic feet per second.

Lindner found that certain areas experienced 2- to 10-year rains based on Atlas-14 exceedance probabilities. Based on 1- to 3-hour rainfall rates, those included middle Buffalo Bayou, Luce Bayou, middle and upper Halls Bayou, middle Greens Bayou, middle and lower White Oak Bayou, and the lower portion of the East Fork of the San Jacinto River. However, based on 12- to 24-hour rates, all impacted watersheds experience 2- to 5-year rains.

Because the storms trained perpendicular to the direction of most bayous, the rainfall within their watersheds varied greatly. For instance:

Greens Bayou received on 0.9 inches at Mount Houston Parkway, but 6.2 inches at US59.
Buffalo Bayou received 5.2 inches in places and 0.2 in others – a 26X difference.

Like all of the work that comes out of Lindner’s department, the documentation is meticulous.

House Flooding Estimates

Contrary to previous reports, some house flooding did occur. It happened along Brickhouse Gully on the west side of Bingle Rd. Approximately 6-8 structures experienced flooding to depths of 4.0-6.0 inches.

Says Lindner, “Other isolated structures may have flooded in portions of Spring Branch due to the intense rainfall rates overwhelming street and local drainage systems. A few houses also flooded along Valley Stream downstream (east) of I-45 along Halls Bayou.”

Alarms Triggered

Unfortunately, Lindner doesn’t offer much more information about the Kingwood tornado at this time. Nor does he cover flooding in surrounding areas, such as Liberty County. However, the storm did set off a number of alarms.

The storm triggered 26 rainfall alarms when gages received more than an inch of rain in 15-minutes.

Rising water triggered 14 flood warnings when streams reached 3 feet below bankfull.

For detailed maps, rainfall rates, and exceedance statistics at dozens of locations, see Lindner’s full report. Note: on major storms, Lindner often issues an immediate report and a final report several weeks later. This report falls into the “immediate” category. For future reference, you can also find this report under the Major Storms tab on the reports page.

Posted by Bob Rehak on 1/13/22

1598 Days since Hurricane Harvey

City Starts Tornado Debris Pickup, How to Help

Mayor Pro Tem Dave Martin announced debris pickup has started for the tornado that struck Kingwood and Forest Cove Sunday morning, 1/9/22. Here’s how you can help.

Help Requested

Houston Public Work’s Emergency Operations and District E staff are working with the Solid Waste Management Department to identify locations and the scope of debris pickup needed. But in case they miss something…

Report the need for residential debris pickup by calling (713) 837-0311. Make sure you report the issue as “STORM DEBRIS.”

And if you see any trees blocking roadways or if any street lights need to be reset again, call Houston 311 or (713) 837-0311.

Instructions

Crews began debris pickup Tuesday.

Residents should separate piles when placing debris at the curb.
Please keep roadways clear, so crews can maneuver in and around affected areas more easily.
Have contractors haul off materials from their repairs.

*Palmetto Lane in Forest Cove is narrowed to one lane making it difficult for crews to work as residents try to maneuver around them.*

Numbers to Call, How to Follow Up

Please continue to utilize Houston 311 to make your initial report for “storm debris” and follow up by sending your service request number to districte@houstontx.gov. Put “Storm Debris” in the subject line. This will let the District E office track cases to make sure they are handled expeditiously.

Should you have any questions please contact the District E office by emailing districte@houstontx.gov or call (832) 393-3008.

Posted by Bob Rehak on 1/12/22 Based on Information Provided by District E

1597 Days since Hurricane Harvey

Woodridge Village Detention Ponds Passed Sunday Test, But…

On Sunday morning, Jeff Miller, an Elm Grove resident who lives near Woodridge Village, reported 5.5 inches in his rain gage. That compares to a 6.24 inch rain that fell on Woodridge on May 7, 2019, when hundreds of homes in Elm Grove and North Kingwood Forest flooded. Also, Woodridge falls about 40% short of current Atlas-14 standards required to hold back floodwater from a 100-year storm.

So you can understand how nervous Elm Grove and North Kingwood Forest residents felt, especially considering that excavation of additional detention ponds on Woodridge Village has not yet started. Regardless, Woodridge did not flood homes across the county line this time. Here’s why.

Important Factors to Consider

Other important factors came into play last weekend that should relieve some of residents’ anxiety and help explain what happened.

First, remember that on May 7, 2019, Perry Homes’ contractors had clearcut 268 acres, but had barely begun work on detention ponds. Only one of five was complete.

Second, the intensity of the May 7, 2019 rain was higher than last weekend’s. On May 7, 6.24 inches fell in 5 hours. Last weekend, 5.5 inches fell in 9 hours.

Third, in 2019, the S2 detention area had been partially excavated but didn’t have any outflow control restrictions installed yet. So it didn’t really function as a detention pond.

Fourth, contractors had destroyed a berm between Elm Grove and Woodridge, and filled in a natural stream on Woodridge. Both have since been replaced.

Fifth, by current standards, last weekend we had a 5-year storm. But the detention ponds were designed to hold what today would be classified as a 25-year storm.

Photos Taken Sunday Morning

I took the photos below Sunday morning between periodic sprinkles, several hours after heavy rain stopped. They show how the current Woodridge Village detention handled the storm. All ponds were well within their banks. One was empty.

*The triangular pond on the left is N2. N1 is out of sight above it. The two ponds on the right are S1 (foreground) and S2 beyond it. N3 is out of sight at the top of the frame.*

*S2 was about halfway to two-thirds full.*

*The tail of S2 is already silting in but had plenty of room to spare.*

*N3 Pond on eastern edge of property was supposed to have had an outflow control device but never got one.*

*The Junction where water from all five ponds comes together before flowing into Taylor Gully. N3 is at top of frame.*

*Reverse angle shot of the Junction with Taylor Gully in the background. Note how high the detention ponds are compared to the gully.* *The areas that flooded so badly in 2019 are just beyond the ponds.*

*Water coming from the big trianglar N2 pond now has to go through these twin culverts which were almost completely inundated.*

*Wider shot shows volume of water backed up in N2.*

Only N1 in the NW corner of Woodridge was totally dry. The outflow capacity is much greater than the inflow. So this pond provides no detention benefit whatsoever. Local resident Jeff Miller says he has NEVER seen standing water in this pond.

Big Test and Additional Excavation Yet to Come

So the Perry-installed detention passed another test. But it was far from what college students would call a final exam.

Flood Control purchased this site last year and plans to turn it into a regional detention basin by more than doubling the detention capacity. However, the excavation contract lets the contractor take the dirt when it can be sold, while only meeting minimum monthly requirements which have not yet kicked in.

Posted by Bob Rehak on 1/11/2022

1596 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.

Despite Heavy Weekend Rains, Most Area Channels and Streams Stayed Within Banks

Despite heavy weekend rains, with a few exceptions, streams and channels stayed within their banks. There are several possible explanations.

Soil was dry before the rains.
Rainfall came in two waves separated by several hours, allowing the first peak to start working its way through the system before the second hit.
The amount of rainfall was within the designed capacity of most channels.
The heaviest storms occurred under relatively narrow bands of training supercells.
Harris County Flood Control has been actively working on channels!

Rainfall Map of Heavy Weekend Rains

In the image below, note how much higher the rainfall totals are near the red line compared to areas farther away. Most upstream areas received less than an inch or two, limiting the amount that traveled downstream.

*Red line indicated path of supercells that tracked across the center of the county* last weekend. *Note how highest rainfall totals parallel line.*

Heavy But Not Harvey

If you were under one of those supercells, you probably received 5-8 inches of rain between Saturday afternoon and Sunday morning – a little more than a 12-hour time span. Consulting NOAA’s Atlas-14 Rainfall Probability table for this area, you can see that those totals correspond to 2- to 10-year storms. Heavy! But not Harvey!

atlas 14 rainfall probabilities — *NOAA’s Atlas-14 rainfall probabilities for the Lake Houston Area*

Storms Tracked Perpendicular to Most Watersheds

In Harris County most watersheds track from NW to SE. But the storms tracked perpendicular to that. That limited the amount of water dumped in most watersheds. It might have been very different had the storms tracked parallel with bayous.

Here was the channel status report from Harris County Flood Control on Sunday shortly after noon. It shows that virtually all channels were well within their banks. Only the gage at Luce Bayou and SH321 in Liberty County indicated flooding was a possibility near Lake Houston (warning triangle in upper right).

Despite receiving the highest rainfall total in the area (8.56 inches)…

…Luce Bayou never did come out of its banks at that location. See below. As of today, Luce is falling.

Halls Bayou near 45 briefly came out of its banks, but no structures were reported flooded. Same for Greens Bayou at 59. Water briefly got up to the feeder road there.

Brickhouse Gully, White Oak and Buffalo Bayous were also briefly in danger of coming out of banks in places, but receded quickly according to a HCFCD source. They were all back in banks before I could get there with a camera.

Photos of Area Streams and Bayous

At the East Fork and FM1485, I found a high water caution sign on the road Sunday afternoon. But again, the river was well within its banks. The closest it came to flooding was 2 feet from the top of bank three hours before I took this photo.

Here’s how some other local streams and channels fared in the heavy weekend rains.

*A tributary channel of Bens Branch between Woodridge Forest and Northpark Drive next to Kingwood Park High School.* *That cleared area is the new Preserve at Woodridge that will offer 660 SF homes.*

*Bens Branch looking E (downstream toward Woodland Hills Drive. CVS on Northpark Drive (left). This was the highest part of the highest stream I found.* *Notice how it’s almost coming out on the left.*

*St. Martha’s School Parking lot flooded again a little farther downstream on Bens Branch.*

*Looking west at Bens Branch toward West Lake Houston Parkway. Note debris line on the left* *bank in the sun.*

*The debris line in Taylor Gully shows water never got more than halfway up the bank. Looking upstream from the Maple Bend bridge.*

*Kingwood Diversion Ditch north of Walnut Lane in distance just hours after tornado ripped through area.*

*Confluence of East Fork San Jacinto (right) and Caney Creek (left). Note docks still above water on right.*

No Reports of Flooded Structures in Harris County

As of 8 PM Monday, Harris County Flood Control had not received any reports of structures flooding from the heavy weekend rains.

Storms of this magnitude are common in Houston, but not for January. Jeff Lindner, Harris County’s meteorologist remembered two in the last decade.

“We had comparable totals on 1-9-2012 in the Brays Bayou watershed (6.6 inches peak in 12 hours). On 1-18-2017, we also had several 4-7 inch gage readings on Brays and 7.0 inches in 12 hours on Lower White Oak Bayou.”

For now, most Harris County residents can chalk this one up in the “close-call” column. But let’s remember that people in Plum Grove DID flood. And pray for the tornado victims in Humble, Kingwood and Forest Cove.

Posted by Bob Rehak on 1/10/2021

1595 Days since Hurricane Harvey

Pics of Tornado Damage in Kingwood/Forest Cove

Early Sunday morning on January 9, 2022, an EF-1 tornado touched down along the Kingwood Diversion Ditch between Hamblen and Kingwood Drive. It damaged trees and homes on both sides of the ditch for several blocks. By early afternoon, tree crews were swarming over the area, making the streets barely passable.

Tornado or Just Strong Winds?

I asked one of the crews if they were sure a tornado caused the damage. They said yes, based on the type of damage they saw. The tops of trees had been twisted off like screw caps. See photos below taken on Sunday afternoon after the storm cleared out.

*Note two garages and corner of one home damaged by toppled trees east of ditch.*

While some trees were uprooted, the vast majority of the damage involved “topped trees.” Had straight line winds been the cause, you would see more uprooted trees. The damage would have been more widespread. And the trees would have been pushed down in a uniform direction rather than scattered like pick-up sticks.

*Looking south along Kingwood Diversion Ditch. Note eight topped trees left of the ditch and one of the tops hanging from a wire over the ditch.*

*West of ditch on Forest Cove side. Note damaged garages, back corner of home, and trees still hanging from wires.*

*Close up of topped tree and blown-over fence.*

*Portion of fallen tree thrown through fence by winds.*

Forlorn homeowner on crushed gable. “Where do I go from here?”

ABC-13 confirmed the strength of the tornado on its evening news tonight. According to ABC, the tornado came through at approximately 1:30 AM. According to residents I spoke to, the noise was deafening and pets started acting nervous about that time.

Dogs Knew Before You Did

This article from Psychology Today explains that dogs’ hearing is four times more sensitive than humans’. That means they can hear things four times farther away – sooner than we can. Canine hearing also picks up higher pitched sounds. If the noise sounds deafening to you, think how painful it must be for your pooch.

I live near Kingwood High School two miles away. At precisely 1:30, my dog started whimpering, trembling, and tried to jump in bed with me.

Storm Totals Compared to Record and Climate Norm

For the record, the storm that started Saturday afternoon and ended early Sunday morning dumped about 4.96 inches in my rain gage. Jeff Miller, an Elm Grove resident said he had 5.5 inches in his.

These are unusually high amounts for January. The all time record for January 8 was 5.89 inches, set in 1891, 130 years ago! Houston usually receives 3.4 inches for the whole month of January. Plum Grove on the East Fork received 6.88 inches in this storm – more than double the monthly average for the Houston area. Luce Bayou on 321 in Liberty County received an incredible 8.56 inches in the storm. Had either of those locations been the official recording station, this storm would have gone down in history.

Posted by Bob Rehak on 1/9/2022

1594 Days since Hurricane Harvey

Plum Grove Flooding, Many Streets Cut Off

After heavy rains and several tornados swept through the area Saturday afternoon, many streets in Plum Grove are under water tonight.

*Photo posted on Facebook by Plum Grove Volunteer Fire Department*

Warning from Plum Grove VFD

The Plum Grove Volunteer Fire Department reports that: “We are receiving multiple reports of several roads flooding in the area.

FM 1010 near the Valero
Plum Grove Road near Road 5000
Multiple areas of Paul Campbell Loop

“Plum Grove VFD is currently assisting the city with placing road warning signs with out our high water vehicle. Please avoid driving in the weather if possible. Do not drive through high water areas where you can not clearly see the roadway. Do not chance swift moving water. Remember it only takes a few inches of fast moving water to sweep you or your vehicle off the road. Please be safe.”

The gage at FM2090 and the San Jacinto East Fork shows that Plum Grove received 5.96 inches of rain, the highest total in the area, by far. To put that amount in perspective, it’s only a half inch less than Plum Grove received on May 7, 2019, which caused widespread flooding.

*Gage readings in NE Houston area at 9PM on 1/8/2022. 5.96 inches near Liberty/Montgomery County Line is in Plum Grove on FM2090 at the San Jacinto East Fork.* From HarrisCounty Flood Warning System.

*4.66 inches of the total came between 4 and 6PM.* From Harris County Flood Warning System.

*Radar as of 12am Sunday 1/9/22 shows more heavy rain headed toward Plum Grove. These storms are dumping up to 4.5 inches per hour on west and central Harris County.*

All Channels Still within Banks At This Hour

It’s not clear how many homes have been affected. Pam and Jack Arnold, whose home near the East Fork was cut off for three days last Spring, say that their property still has not flooded at this hour but that the river is still rising. They are watching it closely. Pam says, “We have everything loaded to move up the road, but we could’t get out of Plum Grove if we tried right now.”

I’ll try to get up there tomorrow morning to get pictures. It’s not safe now.

Ironically, in Splendora at Peach Creek, just four miles west, the gage on FM2090 recorded only 2 inches of rain – one third the amount in Plum Grove. The Harris County Flood Warning System shows that all channels in the region are currently within their banks. Today’s rains, at this point, seem to have caused primarily street flooding.

Forecast from Harris County Flood Control

Jeff Lindner, Harris County’s Meteorologist, reported at 11:30 PM that widespread rainfall will continue across the area tonight bringing another inch of rain. However, strong lines of thunderstorms are training across the area. “Additional rainfall amounts of 1-2 inches with isolated totals of 3-4 inches will be possible within this line tonight. The main threat will be street flooding, but rises on area watersheds will be possible.”

Lindner warns that the East Fork of the San Jacinto River is rising rapidly and may reach bankfull (flood stage) at FM 1485 tonight and downstream to Lake Houston. Flooding near the river will be possible and mostly limited to low lying roads.

Luce Bayou is also rising in central Liberty County and run-off from both middle and upper Luce and Tarkington Bayou will route downstream toward Lake Houston tonight and Sunday. Rises are likely near FM 2100 in NE Harris County.

At 1 am on Sunday morning 1/9/22, Lindner reported on the training supercell thunderstorms shown above. “They are producing up to 4.5 inches of rainfall per hour. Significant street flooding is likely. Rapid rises on the smaller channels are likely.”

Posted by Bob Rehak on 1/8/2022, updated at 1 am 1/9/22 based on information from Scott Engle of the Montgomery County Police Reporter and Harris County Flood Control.

1593 Days since Hurricane Harvey

More Than 1,000 Acres Being Cleared South of Splendora High School

Forestar Real Estate Group, Inc., one of the nation’s leading developers, is clearing land south of FM2090 opposite Splendora High School for a new residential development called Splendora Crossing. Forestar solicited bids for clearing Phase 1 in June 2021 and Phase 2 in September 2021. Aerial photos indicate clearing activity beyond Phase 2 is likely related. However, I can find no plans and can’t verify that. Montgomery County has not yet responded to my Freedom of Information Act (FOIA) Request.

Together, the cleared areas will comprise approximately 1160 acres and stretch approximately 1.5 miles along FM2090.
Estimate based on Aerial Photos, Plans and Google Earth

*Plans for Phases I, 2 and beyond. Note: more clearing is already underway to the left/west of the western property boundary. See pictures below.*

The Way It Was

The area in question was heavily forested.

*Approximate location of new development.*

Gully Branch runs through the middle of it and joins Peach Creek farther east near US59.

*FEMA’s National Flood Hazard Layer Viewer shows a substantial 100-year flood plain along Gully Branch running through the middle of the property based on a pre-Atlas 14 study in 2014.*

*From the Montgomery County Harvey Story. FM2090 was cut off and impassable during Harvey.* *Gully Branch is the unmarked stream that parallels FM2090 in the map.*

Peach Creek runs down the western side of Lake Houston Park and joins Caney Creek and the East Fork San Jacinto at East End Park in Kingwood.

The Way It Is

Contractors already have constructed two large detention ponds and a drainage/detention ditch on the property that fronts FM2090. The ditch parallels Gully Branch and will likely shrink the floodplain. Contractors used dirt from the ditches and ponds to elevate areas where homes will go.

*Looking east along FM2090 at eastern portion of new development.* *Note Splendora High School in upper left.*

On the western section, clearing extends about a half mile south of the road. See the picture below.

*Looking SW at western portion. FM2090 snakes out of view in the upper right.* *It’s not clear how big the area in the distance is. I could not find plans.*

*Closer shot of western section. Note large detention pond in western section and Gully Branch cutting across drainage channels.*

*Looking south at Phase 2 Burn Pit and area still being cleared.*

*Close up of detention pond on eastern section. Looking east. Splendora High School is in upper left.*

*Looking SE. Construction roads are already snaking into forest.*

*TCEQ permit sign on eastern portion of site.* *I did not see one posted on western portion.*

Unlike Woodridge Village, this developer seems to be building detention during clearing rather than afterwards. That’s a good sign. More news to follow as it becomes available.

Update: A FOIA Request to Montgomery County revealed that there are actually two developers working on this land. For more on this story and to learn about the drainage impact of the development, see this post.

Posted by Bob Rehak on 1/8/2022 and updated on 1/15/2022

1593 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.

Texas Supreme Court Denies Petition for Mandamus in Harris County Redistricting Lawsuit

On January 6, the Texas Supreme Court denied the petition for mandamus in the first of two lawsuits over the Harris County Ellis-3 redistricting plan. The Ellis-3 plan completely flipped Precincts 3 and 4 while altering the boundaries of both. The likely end result will be a 4-1 Democratic supermajority in the next election. A supermajority would let commissioners shift flood-bond funds around at will.

Mandamus is a judicial order commanding another court or person to perform a specific duty. In this case, Commissioners Cagle, Ramsey and their supporters requested the court to order Lina Hidalgo to stop the Ellis-3 Plan from moving forward.

*File photo of Harris County Precinct One Commissioner Rodney Ellis who is at the center of this controversy.*

Central Issue At Stake

The central issue in the case was whether 1.1 million people had their voting rights denied or delayed by the Ellis-3 plan. The Texas Supreme Court recognized the inevitable problem of preserving (or minimizing disruption to) voting rights in staggered elections when redistricting.

“To be abundantly clear, by denying the petition today, we do not dispute that the constitutional issue Relators raise is a serious question that warrants this Court’s full consideration when properly presented. We do not prejudge the outcome.“

Basis for Denial

However, in denying the writ of mandamus, the judges cited:

A delay in filing the initial appeal after the District Court dismissed the suit. Filing for the election had already begun. The judges said, “Avoidable delays, in particular, may be fatal to the courts’ ability to proceed at all.”
The need to describe “with precision how any relief will affect that election and the larger structure of our state’s election machinery.” And “…a party who asks a court to take action that could disrupt the election calendar after the election process has begun has the duty to explain the practical consequences…”

Regarding the second point, the Justices wrote, “Relators claim to be in possession of an alternative map that lawfully redraws precincts without excluding any voter from consecutive county-commissioner elections. This map was not presented to the commissioners court, the district court, the Respondents, or this Court, and it is unclear how this map could become law.”

Justices Blacklock and Young wrote in delivering the opinion of the Texas Supreme Court that, “Expedition and precision in requesting relief help ensure that courts can never be converted, willingly or otherwise, into a partisan tool for one side or the other. Those requirements reduce the incentives for partisan adversaries to lie in wait with lawsuits that create chaos. To be clear, we do not charge Relators here with any such intention. We simply note that the rules are demanding because such conduct would otherwise go undeterred.”

Sets No Blanket Precedent

“We emphasize that our inability to address the merits of this petition on the eve of the election—because of the timing and nature-of-relief problems discussed above does not by any means establish that there is never any judicial relief that could be given,” said the ruling.

The Justices then spent several pages exploring questions about how judicial interference would affect the machinery of an election already in progress. “To be abundantly clear, by denying the petition today, we do not dispute that the constitutional issue Relators raise is a serious question that warrants this Court’s full consideration when properly presented.” The Justices just didn’t feel there were enough specifics in this case to let them do so.

Not a Summary Judgement

Significantly, the Texas Supreme Court said, “We deny the petition for writ of mandamus, but we do not do so lightly or summarily. Our decision implies no endorsement, affirmation, or other view of the redrawn map of precincts challenged here. Nor do we suggest that mandamus would never be an appropriate vehicle to resolve this question or ones like it. Our narrow holding is that this mandamus petition, under the circumstances we describe below, cannot go forward under settled precedents that sharply limit judicial authority to intervene in ongoing elections.”

Second Lawsuit Still Pending in Lower Court

A second lawsuit by former commissioner Steve Radack is still pending in the Harris County 190th Civil Court. That suit alleges the Ellis-3 plan should be invalidated because it was sprung on people at the last minute without sufficient public notice. The Texas Open Meetings Act demands a minimum of 72 hours notice.

But the Ellis-3 plan was posted online only minutes before the meeting in which the plan was approved. In that meeting, 94 members of the public signed up to speak. Not one of them mentioned the Ellis-3 plan. The first mention of Ellis-3 in the transcript is when commissioners started debating plans.

For the complete text of the Supreme Court ruling, click here.

For the official transcript of the meeting in which Commissioners approved the Ellis-3 Plan, click here.

It’s not clear how or if the Supreme Court of Texas ruling on the Cagle/Ramsey suit will affect any ruling in the Radack suit. Delays were a central issue in denying mandamus. And the Radack suit was filed six weeks AFTER the Cagle/Ramsey suit.

Posted by Bob Rehak on 1/7/22

1592 Days since Hurricane Harvey

Price of Progress?

Some say that mining sand from our rivers and flood plains is the price of progress.

*Looking west* *at part of Hallett Mine Complex bisected by the West Fork of San Jacinto. Photographed 1/1/22.* *The pond in the middle foreground is part of another abandoned mine adjacent to Hallett.*

Pros and Cons

Sand has its benefits. We need it to make concrete. And we need concrete to accommodate a growing population. And a growing population creates income for builders, tradesmen and other businesses.

But mining sand also has several downsides. It alters the environment on a large scale. Wildlife lose habitat. Erosion increases. The sediment can contribute to flooding by forming dams and reducing conveyance downstream. Water quality also suffers. These are global problems.

Out of Sight. Out of Time. Out of Mind.

Sand mining mostly takes place in floodplains along rivers. Because our terrain offers no elevated viewpoints, the only way to see the mines is from the air. So for the vast majority of people, they’re out of sight, out of mind and, as a consequence, we’re out of time. More than 20 square miles of sand mines already border the San Jacinto West Fork between I-45 and I-69.

The Hallett mine complex in Porter and an adjacent abandoned mine now stretch 3 miles north to south and 2 miles east to west. And Hallett is just one of several such complexes on the West Fork.

New Best Management Practices recently adopted by the TCEQ for sand mining will help in the future. But much damage has already been done.

Where Do We Go From Here?

It’s time to start a conversation about the price of progress. How do we restore this land to another useful purpose in the long run? And who should pay for that?

*Looking south from farther west at the end of the pond mentioned above. Note outfall to river, top left. Also note recent repairs to Hallett dike, bottom right.*

*Looking east across abandoned mine complex to left of river, which flows from bottom to top. New Northpark Woods subdivision is in upper left.* *Part of Hallett mine is on right.*

*Satellite photo from 2020 courtesy of Google Earth showing Hallett* and adjacent abandoned mines.

The Long-Term Question

What do you do with an area this large when miners finish?

Do the ponds turn into recreational amenities and parks? (Not when left like those in the third photo!)
Who will plant grass and trees?
What do you do with the old equipment?
How do you turn these areas into detention ponds?
Who maintains them? (Montgomery County doesn’t even have a flood control district.)
What happens to bordering neighborhoods if rivers decide to reroute themselves through the pits?

Lots of questions. Little consensus.

When you start out to create a detention pond, it’s easy to plan recreation around it. But when the primary goal is mining, the end result can be dangerous, i.e., banks that cave in after miners walk away or kids playing on abandoned equipment.

*Abandoned dredge at abandoned Humble mine on north Houston Avenue* *has been there since Harvey. Area is unfenced.*

*Rusting processing equipment left at same abandoned Humble mine* *near West Fork.* *This is between a driving range and a paintball park.*

The new Best Management Practices do not require miners to post a performance bond that would ensure cleanup and conversion to a suitable post-mining use.

In some areas, city and county governments make arrangements with miners to take over abandoned mines. That seems like a decent idea to me. That may be the price of progress.

We need dialog on this issue – unless we’re willing to let private industry turn our rivers into eyesores.

Posted by Bob Rehak

1591 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.

Former Commissioner Radack Files Second Redistricting Lawsuit; Hidalgo Responds to First

Former Harris County Precinct 3 Commissioner Steve Radack filed a redistricting lawsuit on New Years Eve last week. This lawsuit comes hot on the heels of a previous lawsuit by Commissioners Jack Cagle, Tom Ramsey and their supporters. That lawsuit is now in the Texas Supreme Court. Here’s an overview of where both cases stand. The fate of flood mitigation in Harris County could hang in the balance.

*File photo from 2021 of Precinct 1 Commissioner Rodney Ellis whose redistricting plan sparked two lawsuits.*

Radack Lawsuit Alleges Lack of Sufficient Public Notice

The Radack lawsuit alleges that County Judge Lina Hidalgo, Precinct 1 Commissioner Rodney Ellis, and Precinct 2 Commissioner Adrian Garcia passed a redistricting plan without providing sufficient public notice.

Radack claims that constitutes a violation of the Texas Open Meetings Act (TOMA). TOMA requires that members of the public must have 72 hours notice of provisions being considered, but the Ellis-3 redistricting plan was posted on the day of the meeting in which it was approved. The public had virtually no advance notice of the plan, and thus, no opportunity to comment on it. People first learned of the plan when Ellis rolled it out in the meeting during which he, Garcia and Hidalgo approved it.

The lawsuit further alleges that:

Hidalgo, Ellis and Garcia planned the surprise in advance.
Their plan makes it impossible for Jack Cagle to get re-elected.
It will give Democrats a 4-1 supermajority.
Failure to timely post notice of the plan invalidates the vote on it.
In violating TOMA, Lina Hidalgo overstepped her authority and therefore does not enjoy governmental immunity.

A supermajority would give Hidalgo, Ellis and Garcia the power to shift flood-bond dollars around at will.

Radack filed his lawsuit on December 31st. The county clerk posted it on her website on Monday, January 3rd. The case landed in the 190th Court where Judge Beau Miller presides.

Hidalgo, Ellis and Christian Menafee, the County Attorney, issued public denials on Tuesday’s evening news. However, they have not yet filed a formal response to Radack’s lawsuit with the court.

Hidalgo Files Response to Cagle/Ramsey Suit Pending in Supreme Court

Commissioners Jack Cagle, Tom Ramsey and their supporters filed the first lawsuit. It is currently before the Texas Supreme Court. Their complaint focused on denial of voting rights for more than a million people. Judge Dedra Davis of the 270th District Court dismissed that lawsuit without explanation. The plaintiffs then directly filed for a writ of mandamus from the Supreme Court. Plaintiffs did not have time to go through the normal appeal process.

In that case, Hidalgo filed a 185-page response on December 30th to the plaintiffs’ charges. Hidalgo contends that:

The county did not violate voting rights because when you redistrict precincts with staggered terms, voting rights for some will always be delayed but not permanently denied.
The court has no way to evaluate whether Harris County went “way beyond” what was necessary to redistrict
Plaintiffs took too long to seek relief.

For the full text of Hidalgo’s response, click here.

Plaintiffs in this case also filed a request for an expedited ruling. To affect the next election without delaying it, a ruling would reportedly have to come sometime in January.

Posted by Bob Rehak on 1/5/2022

1590 Days since Hurricane Harvey