Thanks A Million

This week, ReduceFlooding.com passed up a million total page views. I launched the site on 3/3/2018, about six months after Hurricane Harvey. In the early days, it averaged 10-20 page views a day. This month, views ranged from 1,000-5,000 a day. That’s not bad for a one-issue website focused a small geographic area. Especially one that doesn’t promote itself. Over half of local business websites receive less than 500 visits a month.

Objectives Have Never Changed

Since the beginning, I have posted 1,596 news stories and taken 26,211 photos. After all that, my objectives have never changed. They remain to:

  • Raise awareness of how sedimentation and other man-made factors contribute to flooding along the San Jacinto River and Lake Houston
  • Describe ways to reduce flooding
  • Inform people how they can get involved in the political process and help
  • Provide concerned citizens with resources to bring about change.

Major Ongoing Stories

Through the years, several ongoing stories stand out:

Mouth Bar of the West Fork of the San Jacinto after Harvey.
The same area today is virtually unrecognizable. The above-water portion of the mouth bar is gone. (Turbidity caused by recent rains.)

Reporting as a Learning/Sharing Process

Several things have become clear to me while researching, writing and photographing hundreds of stories about flooding and flood mitigation.

Flooding is not very high on most political agendas unless we make it so. People pay attention to flooding after major floods. Then they hear about big dollars for flood mitigation funding and assume the money is being put to work immediately. It’s not.

Flood Mitigation Is a Dog Fight

Unless communities stay on top of flood mitigation and people work together to ensure they get their fair share of funding, they won’t. It’s a dog fight. We collectively have more needs than dollars. Never assume the machinery of government is working for you.

As State Senator Brandon Creighton once said, “If you don’t get involved in government, you’ll get run over.”

That’s why I want to thank each and every reader of ReduceFlooding.com. Your continued interest creates a collective voice that is louder than any of us could have as individuals.

So thank you again for the ideas, photos, tips, and suggestions that hundreds of you send in each month. You help shine a light on the problems. Thanks a million for your support.

Thanks also to our local representatives: Dave Martin, Mayor Pro Tem and District E City Council Member, City of Houston; Ted Poe, former US District 2 Representative; Dan Crenshaw, current US District 2 Representative; US Senator Ted Cruz; US Senator John Cornyn; State Representative Dan Huberty; State Senator Brandon Crenshaw; Harris County Precinct 4 Commissioner Jack Cagle; and Harris County Precinct 2 Commissioner Adrian Garcia.

Posted by Bob Rehak on 5/29/2021

1369 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.

New Caney High School #3 Taking Shape

It was about a year ago that New Caney ISD cleared land for its third high school between Sorters-McClellan Road and US 59 south of Kingwood Drive. Today, the site is a beehive of activity. Construction crews have erected walls that will eventually define the shape of High School #3. I took the pictured below on 5/26/2021.

New Caney ISD Campus #3 on Sorters McClellan Road south of Kingwood Drive.

The New Caney ISD says that as of May 2021, “The site work at Comprehensive High School #3 includes storm drainage which is 95 percent complete. The sanitary sewer is 85 percent complete. The electrical is 98 percent complete and the water is 90 percent complete. The concrete slab on the building is 85 percent complete. The form and pour tilt-up panels are 95 percent complete. The erect panels are 80 percent complete and the structural steel is five percent complete.”

New Caney ISD still expects construction to finish construction of High School #3 in the Summer of 2022.
When complete, the building(s) will be 320,000 square feet.
The building pad behind the crane in the foreground will be the field house. (See plans below.)
General plan for New Caney High School #3

New Caney ISD’s enrollment grew 31 percent between 2011 and 2016. That ranked NCISD first in the greater Houston area and fourth in the state for percentage enrollment growth. Eventually, the high school will hold 2,250 students. However, the school will open with only 1,350 in August 2022.

FEMA’s National Flood Hazard Layer Viewer shows that the extent of the floodplain in this area roughly parallels Sorter’s McClellan Road. The high school property falls roughly within the red circle.

Posted by Bob Rehak on 5/29/2021

1369 Days since Hurricane Harvey

Railroad Commission Plugs Three Abandoned Wells Near Forest Cove Townhomes

This week, the Railroad Commission of Texas finished plugging three abandoned oil wells in the Forest Cove townhome complex near Marina and Timberline Drives. The Commission cited the owner for leaks in the past. However, the owner, Noxxe Oil & Gas, went bankrupt in 2020. That put the responsibility for remediation on the Railroad Commission. The Commission began plugging earlier this month and finished in this location on Wednesday afternoon. See photos below.

About Plugging

The National Petroleum Council says that a well is plugged by setting mechanical or cement plugs in the wellbore at specific intervals to prevent fluid flow. The plugging process usually requires a workover rig and cement pumped into the wellbore. The plugging process can take two days to a week, depending on the number of plugs to be set in the well.

Oil and gas can not only seep up through the well’s pipe, but also through the annulus. The annulus is the area between the outside of the pipe and the surrounding earth. Therefore, plugging often involves perforating pipe and forcing cement into the annulus, too.

First of three wells being plugged. Photographed on Sunday May 9, 2021. The larger townhome complex in the background was torn down on Wednesday, May 26, 2021.
Pump jack from second well ready to haul away. Photographed on May 26, 2021. Note West Fork bridge in background.
Railroad Commission contractors plugging third of three wells near townhomes on Wednesday, 5/26/2021 at 8am.

Pumpjacks like the one above represent a form of “artificial lift. They give nature a hand when pressure in the well cannot bring oil and gas to the surface by itself in produceable quantities.

Photo taken at noon on May 26, 2021. Contractors packing up. Note location of previously demolished townhomes to left of rig and top center. Water in foreground is the San Jacinto West Fork.

Plans For Rest of Wells Remain Unclear

The Railroad Commission has not returned multiple calls or emails regarding its plans for other Noxxe wells near the Forest Cove little league fields. Earlier this year, the Commission said that someone might buy those wells and try to produce oil from them, using the tanks already on the property.

Approximately 10 wells remain on the portion of the old Noxxe lease between the Forest Cove Little League fields and the San Jacinto West Fork at the top of the frame. Photo taken on 5/26/21 around noon.

Posted by Bob Rehak on 5/28/2021

1368 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.

GLO’s Bush Requests Direct Funding from HUD for Harris County Flood Mitigation

5/26/21 – Tonight, Texas General Land Office (GLO) announced that it would support a direct allocation to Harris County from HUD Mitigation funds for $750 million.

On May 21, the GLO announced winners of US Department of Housing and Urban Development (HUD) grants totaling more than a billion dollars for Hurricane Harvey flood mitigation. Only problem: little went to Harris County Flood Control or the City of Houston despite the fact that we experienced half of the statewide damage in Harvey. Only $90.4 million went to small cities in Harris County. (See below)

Harvey at Peak Intensity

Ever since GLO’s announcement, Harris County Commissioners have been scrambling, trying to figure out how to fill a funding shortfall. That’s because they were counting on attracting matching grants that didn’t materialize. Without the grants, some of the projects could be delayed – especially those in low-to-moderate income neighborhoods, which HUD targets – until alternative sources of funding can be identified.

Yesterday’s Harris County Commissioner’s Court Meeting spent more than four hours on the dilemma. Commissioners arranged for angry residents to call in and each testify for 3 minutes. At the end of their allotted time, they were thanked and asked to call the Texas General Land Office (GLO).

The phones must have rung off the hook at the GLO today, because by the end of the day, GLO Commissioner George P. Bush punted the decision for the next round of funding to HUD.

Below is the full text of a GLO press release sent out at 6:28 PM this evening.

GLO Press Release

“Today, Texas Land Commissioner George P. Bush announced his request to the U.S. Department of Housing and Urban Development (HUD) for Harris County to receive a direct allocation of $750 million for mitigation efforts.”   

“I have heard the overwhelming concerns of Harris County regarding the mitigation funding competition,” said Commissioner Bush. “The federal government’s red tape requirements and complex regulations are a hallmark of President Biden’s administration. I am no stranger to standing with the people of Texas as we fight against the federal government. As such, I have directed the GLO to work around the federal government’s regulations and allocate $750 million for mitigation efforts in Harris County.”  

“An amendment to the state action plan regarding the administration of Community Development Block Grants for Mitigation (CDBG-MIT) in the State of Texas will be submitted to HUD by the General Land Office to implement these changes. A final mitigation competition will be held for the other 48 eligible counties at a later date.”  

“Although Hurricane Harvey made landfall in August 2017 and Congress appropriated these mitigation funds several months thereafter, the GLO’s hands were tied waiting for HUD to publish the rules regulating the use of these funds until they were published in a Federal Register notice, which did not happen until August 30, 2019 – two years after the storm and 19 months after the appropriation. The scoring criterion required by HUD to be included in the state action plan for distribution of the funds was approved by HUD on March 27, 2020.”

Flood Mitigation Should be Non-Partisan

I don’t want to get in the middle of the cross-fire on this. One of my biggest concerns is that flood mitigation remain non-partisan.

So rather than speculate about people’s motives and try to decipher where things went awry, I will simply post the following documents:

Regarding the last item, the copy is from a draft circulated before the meeting. However, reportedly, Commissioners made no changes. They approved it (or something very close to it) unanimously.

Before the end of the meeting, Commissioners had also resolved to meet with the Governor, HUD, President Biden, Congressmen, Senators and the tooth fairy. One thing is certain. Harris County is not taking this lying down.

One strange thing that several people have commented on: approximately a quarter of all the grants awarded went to improve water and sewage treatment plants – not flood mitigation projects. As one Congressional aid said today, “Separate grants are available for those. That took a lot of money out of circulation.”

Projects Awarded within Harris County but Not to HCFCD

In fact, three of the four projects awarded to cities in Harris County fell into that category.

  • City of Pasadena: Flood Mitigation Project – $47,278,951.21 LMI Percentage: 65.37%
  • Jacinto City: Wastewater Treatment Plant Improvements Project – $5,319,717 LMI Percentage: 78.45%
  • City of Baytown: East District Wastewater Treatment Plant Phase II – $32,394,113.86 LMI Percentage: 52.29%
  • City of Galena Park: Water Plant Improvements Project – $5,482,123 LMI Percentage: 60.22%

Almost as much is going to water and wastewater plant improvements as flood mitigation.

Posted by Bob Rehak on May 26, 2021

1366 days after Hurricane Harvey

Dust to Dust: Another Forest Cove Townhome Complex Coming Down

Harris County Flood Control District (HCFCD) started tearing down the townhomes at 960 Marina Drive in Forest Cove this morning at 7:45 a.m. What took years to build will only take hours to destroy. Of course, nature began destroying these townhomes years before today. In Hurricane Harvey, 240,000 cubic feet per second of floodwater rampaged through them. That’s because these townhomes were built in the floodway and floodplain of the San Jacinto West Fork.

As I reviewed the photos I shot this morning, I saw massive piles of dried dirt tumbling from third floor apartments and even attics. That’s a testament to how high the water reached. And how foolish it is to build structures this close to the river. See below.

Demolition began at 7:45.
A few minutes later, note the dirt tumbling down from the attic space above the claw.
More dirt coming from another third-floor living space.
And if you thought the dirt might have been coming from the machine’s claw, see this shower of dirt tumbling to the left.

There’s only one way the dirt could get that high. Harvey deposited it.

Hopes and Dreams Bite the Dust

People built their hopes and dreams here. Invested their life savings here. Got married here under the shade of trees by the river.

But Mother Nature always gets the last word. And in this case, she reclaimed her territory.

Harris County Flood Control is buying out these townhomes and taking down each building as soon as every unit within them has been purchased.

Several more units remain. In the meantime, other builders are building more condos even closer to the river in Kings Harbor.

Hope springs eternal. New condos in Kings Harbor, a little more than a mile downstream from those being torn down in Forest Cove, and even closer to the West Fork.

Posted by Bob Rehak on 5/26/2021

1366 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.

Flash Flood Watch, Flood Warning Extended

Flood Watch through 7 P.M. For Most of Region

The National Weather Service (NWS) has issued a flash flood watch for most of the Houston region. The watch will last through 7 P.M. this evening.

Flood Warning Through Saturday Morning For Smaller Areas

In addition, NWS has issued a flood warning for counties to the west and east of Houston. See map below.

From Weather.gov

NWS predicts minor flooding for East Fork San Jacinto near New Caney affecting Harris, Liberty and Montgomery Counties.

Precautions:

Persons with interests along these streams should keep alert to rising water and take all precautions to protect their property. Do not drive or walk into flooded areas the depth and water velocity could be too great for you to cross safely. Avoid any water covered roads and find an alternate route. Livestock and equipment should be removed from the flood plain immediately. Stay tuned to NOAA Weather radio or other news sources for further updates. Turn around, don`t drown when encountering flooded roads. Most flood deaths occur in vehicles. Additional information is available at www.weather.gov.

Today’s Forecast: More Heavy Rain Probable

According to Harris County Meteorologist Jeff Lindner, “…deep tropical moisture to the west will help create a series of upper level disturbances once again today. The result: scattered showers and thunderstorms that should begin with daytime heating. As a disturbance approaches the area this afternoon from the west, showers and thunderstorms will likely become slightly more organized.”

The air mass over the Lake Houston Area remains capable of heavy to excessive short term rainfall rates. Yesterday, 5-7 inches of rain fell over northeast Harris County in 4-5 hours. 8-12 inches fell over Austin County near Bellville.

Hourly rainfall rates of 2-3 inches per hour were common on Monday and the same air mass is in place today.

Rainfall today will likely average between 1-2 inches over the region, but isolated totals of 5-6 inches will be possible. Short range models indicate areas along and northwest of US 59 could be the prime location today for heavy rainfall. However, much of this will depend on:

  • Where storms develop
  • If and where any training develops
  • If any storms anchor in place.

Grounds are saturated from the recent rainfall. During the last 7 days, that rainfall has averaged 5-7 inches over much of the region with isolated totals of 10-14 inches.

Watersheds are already elevated this morning due to the recent rainfall and ongoing run-off over the area. Additional heavy rainfall will quickly run-off creating new rises.

Bens Branch at Kingwood Drive around 6PM on 5/24/21 after a 4-inch rain. Additional rains today, if heavy, could force creeks like this even higher.

Rapid onset flash flooding of streets and poor drainage areas will be the primary concern today, but should heavy rainfall impact already elevated and swollen watersheds some flooding would be possible. 

We should get a break from the rain Thursday and Friday, but more rainfall could enter the picture by this weekend, driving up rain chances yet again.

It’s been a wet month and will get wetter.

River and Lake Report

From Harris County Flood Warning System at 6:20 AM, 5.25.21.

In the upper right at the highest red icon, Peach Creek at FM2090 is three feet out of its banks. This area has flooded three times this month.

The yellow icon below it and to the right is the East Fork at FM2090. It is still two feet within its banks, but additional rainfall today could cause flooding.

The red icon at the northeastern tip of Harris County is the East Fork at FM1485. It is out of its banks again for the third time this month.

From Harris County Flood Warning System

Lake Conroe is up about a half foot and releasing almost 1600 Cubic Feet Per Second.

As of 6:30 am on 5/25/2021

According to the Coastal Water Authority, Lake Houston is almost a foot and a half above normal and still releasing.

From Coastal Water Authority at 5:30 am on 5/25/2021

Posted by Bob Rehak at 6 a.m. 5.25.21 based on information from NWS and HCFCD

1365 Days since Hurricane Harvey

Today, We Passed the Record for All-Time Wettest May By a Wide Margin

At least if you go by the gage at my house. With six days left in the month, the Lake Houston Area has already broken the record for the all time wettest May. The official gage, of course, is at Bush Intercontinental Airport, but the NWS doesn’t release monthly data until the month is over.

This afternoon, my back yard rain gage recorded 17.24 inches for May. The previous record was 14.39 inches set in 1970. (See chart below.) That’s a 20% increase! With more rain on the way tonight and later this week.

From National Weather Service.

Effect on Area Streets

We also recorded 4.11 inches this afternoon in a four-hour period. That’s pushing the limits of storm drains. And predictably, people reported street flooding all over the area.

Ford Road in Porter on 5/24/2021 after 4 inches of rain in 4 hours. Photo courtesy of Nicole Black-Rudolph. Ford Road is one of the main evacuation routes from Kingwood when Northpark and Kingwood Drives are cut off by high water. Now upstream development is flooding it too.
Photo of street flooding in Atascocita, courtesy of Jennifer Zorn. Atascocita received more than 7 inches of rain in a 3-4 hour period.according to television news reports tonight. That qualifies as approximately a 50-year rain.
The City’s long-running sewer repair project in Kingwood Lakes has created a dam across the main lake, artificially raising the water level. Photo courtesy of Anna Mitchell.

Flash Flood Watch Till 9PM

A flash flood watch remains in effect for the Houston area until 9pm tonight. The four inches that fells this afternoon in about 4 hours rates as about a 5-year rain. Last weeks 5.5 inches in a little more than 3 hours was a 10-year rain. No wonder we’ve had the wettest May!

It’s important to remember that these statistics are averages. Just because you get a ten-year rain one week does NOT mean you are immune to another for 9.99 more years.

Effect of Five-Year Rain on Bens Branch

Before the recent rehabilitation project on Ben’s Branch, parts of this channel were down to a two-year level of service. Below, you can see how it handled a 5-year rain today. Room to spare. Quite an improvement for a maintenance project!

Looking downstream over Ben‘s Branch toward Kingwood Town Center. Photo taken 5.24.21.
Looking downstream toward Lake Houston along Ben’s Branch.
Where Ben’s Branch crosses under Kingwood Drive, the City has yet to work out some kinks. Harris County Flood Control District does not maintain under City bridges. In fairness to the City, the Bens Branch rehab project was completed just last month.

Overall, ditches and streams in Kingwood seem to be within their banks.

Wider-Area Stream and Lake Report

However, warning signs are popping up all around the Lake Houston Area.

Harris County Flood Warning System 5.24.21 at 7PM.

At this hour, Lake Conroe seems under control. Luckily, the highest rainfall totals in the Lake Conroe area today were less than one inch.

Source SJRA at 7pm on 5/24/21

But Lake Houston is approaching two feet above normal despite constant releases by the Coast Water Authority.

Coastal Water Authority Data as of 7pm 5.24.21

Posted by Bob Rehak on 5/24/21 with thanks to Nicole Black-Rudolph and Jennifer Zorn.

1364 Days since Hurricane Harvey

2021 Report Card on Texas Flood-Issue Legislation To Date

With the Texas legislature days away from adjournment, it’s time to see how flood-related legislation fared. Out of the 20 bills listed below, one has a chance of turning into law.

Still Has a Chance

HB 531 – Floodplain Disclosure

This bill by Armando Walle of Houston relates to floodplain disclosure for leased dwellings. It has passed both the House and Senate and is awaiting the Governor’s signature. Several pieces of similar legislation did not fare as well. See below.

Better Luck Next Session!

HB 2525 – Lake Houston Dredging District

Dan Huberty’s proposed legislation to establish a Lake Houston Dredging and Maintenance District passed the house. But the it’s sitting in the Local Government Committee in the senate chaired by Senator Paul Bettencourt. So is the identical companion bill filed by Senator Brandon Creighton SB 1982. It’s been sitting in the same committee since April 8. Someone doesn’t want this to see the light of day. A group called WaterUsersCoalition.org is desperately trying to kill both bills with misinformation. The web site characterizes the bill as one that only benefits Kingwood and Atascocita drainage. It would have certainly done that, but it would also have helped maintain and restore the capacity of Lake Houston. The website also says it would be funded by taxes which the bill(s) explicitly prohibit. And implies that increasing lake capacity would somehow hamper the conversion from groundwater to surface water.

HB 4478 – Sand Mine Reclamation

Another bill by Huberty was referred to the House Natural Resources committee on 3/29. Nothing has happened to it since. The bill would have required two things: reclamation of sand mines at the end of mining and a performance bond to ensure they met certain criteria, such as the removal of all equipment. Died in committee.

Abandoned dredge at abandoned Texas Concrete Sand and Gravel mine in Plum Grove. The TCEQ has deemed this mine reclaimed; it’s now off their radar.
HB 767 – Sand Mining Best Practices

Yet another piece of legislation by Huberty – would have established best management practices for sand mines. The House Environmental Regulation Committee left the bill pending in committee, just as they did in the 2019 legislative session. TACA wins again. We’ll have to live with worst practices for at least another two years.

HB 4341 – Sand Mine Regulatory Responsibility

This bill By Kyle Beiderman of Fredericksburg – was sent to the House Environmental Regulation Committee on 3/29. They didn’t even hold a hearing on it. The bill would have transferred responsibility for regulating sand mines from the TCEQ to the Railroad Commission of Texas.

HB 2422 – Sand Mine Locations

A piece of proposed legislation by Erin Zwiener of Kyle, Tx. would have allowed County Commissioners (in counties with populations greater than 500,000) to prohibit sand mining or the expansion of sand mines when they are too close to homes, hospitals, churches and certain other facilities. The Environmental Regulation Committee has bottled that bill up since 3/16. TACA wins again.

HB 1912 – Sand Mine Nuisances

Proposed legislation by Terry Wilson of Georgetown would have stiffened regulations relating to nuisances associated with aggregate production operations such as blasting, noise, air quality and more. The Environmental Regulation Committee has left it pending since 4/19. TACA wins again.

HB 3116 – SJRA Board Appointments

Will Metcalf of Conroe introduced two bills to change the composition of the San Jacinto River Authority Board. This one, the first, would have reduced the number of directors on the SJRA board from 7 to 6 and changed the way they are appointed. The change would have guaranteed a majority of directors from Montgomery County. The House referred the bill to its Natural Resources Committee on 3/19. Nothing has happened to it since then.

HB 4575 – SJRA Board Elections

The second Metcalf bill would have made the SJRA board elected, rather than appointed by the government. But there was a hitch. It would have denied representation to downstream residents. Hasn’t gone anywhere since April 8.

SB 314 – Disclosure of Flood Zones for Leased Property

This piece of legislation by Joan Huffman of Houston got referred to the Business and Commerce committee on 3/9. Nothing has happened since. The bill would have mandated disclosure of flood risk for leased property in a flood zone. A similar bill passed in the last session for property for sale. However, the Committee has taken no action on the leasing bill since 3/9.

HB 1059 – Disclosure of Flood Zones on Vacant Land for Sale

Another flood plain disclosure bill by Phil Stephenson of Rosenberg would have required sellers of vacant lots smaller than 15 acres to disclose whether any portion of the lot was in a flood plain. The bill would also have let buyers recover damages if the property flooded within five years and the seller failed to disclose the flood plain. This bill made it out of the Business and Industry Committee. However, the Calendar Committee never brought it up for a vote on the House floor since 4/15. It’s companion bill in the Senate – SB 461 by Kolkhorst – also stalled.

HB 1956 – Climate Change Planning

Michelle Beckley of Carrollton introduced legislation that would have required certain state agencies to consider the impact of climate changes in their strategic plans. It got referred to the State Affairs Committee on 3/15. Ba Dump. Same for similar bills like HB 1949, SB306, HB 2017, HB 3246, and HB4178.

HB 655 – Feasibility Study for Statewide Disaster Alert System

This bill Richard Raymond of Laredo called for studying the feasibility, efficiency and benefits of setting up a statewide disaster alert system. It went to the Homeland Security and Public Safety Committee on 3/1. No action since.

SB 859 – Continuation of Electronic Meetings after COVID for Regional Flood Planning Groups

A common-sense bill by Charles Perry of Lubbock would have let Regional Flood Planning Groups continue to hold meetings via telephone conference call and videoconference after emergency COVID restrictions expire. The rationale: these groups are staffed by volunteers, many of whom have to drive across several counties to get to meetings. That can take all day in West Texas. It was voted out of the Senate Business and Commerce Committee before it ran out of gas. A companion bill, HB 2103, passed the House, but also stalled in the Senate.

Seems like a lot of good ideas were left on the table.

Posted by Bob Rehak on 5/24/2021 based on research by John Barr

1364 Days after Hurricane Harvey

The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.

Engineers Testifying for LCA are Electrical and Chemical, Not Civil

Yesterday’s post cited the testimony of two “licensed professional engineers” in the State of Texas who claimed that Lake Conroe could not refill from rainfall in the Spring or Fall after being lowered one foot to provide an extra margin of safety, which helps prevent flooding homes on both sides of the dam. However, the lake did refill…and then some…within two days after the Lake Conroe Association (LCA) filed their affidavits in its lawsuit to prevent the seasonal lowering.

Deeper investigation reveals that neither engineer is a civil engineer. One is an electrical engineer and the other a chemical engineer.

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

“The Engineer Shall Not…”

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

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

Paragraph A states that engineers shall practice only in their areas of competence.

Paragraph C states, “The engineer shall not express an engineering opinion in deposition before a court … which is contrary to generally accepted scientific and engineering principles without fully disclosing the basis and rationale for such an opinion.”

There was no such disclosure in their affidavits.

In fairness, the engineers also testified as residents and they had more concerns than flooding.

However, both:

  • Cited their professional credentials at the start of their affidavits – without disclosing their areas of expertise.
  • Drew the same conclusion about the inability of the lake to refill through rainfall – without stating the basis of their conclusions.

Mr. Elliott has retired and his license is inactive. Mr. Waitts’ license is still active.

Background

Only two days after LCA filed the engineers’ affidavits, rainfall raised the lake level two feet above normal, and threatened homes and businesses. SJRA had to release water at almost 10,000 CFS to avoid flooding them.

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

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

Posted by Bob Rehak on 5/23/2021

1363 Days after Hurricane Harvey

The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.

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

Never says never. Especially in a lawsuit. It didn’t take long to disprove that claim! Two days after LCA filed the claim on April 28th, the SJRA had to open its gates to keep Lake Conroe homes and businesses from flooding. And they are still releasing water…three weeks later.

SJRA Dashboard as of 6pm Friday night, 5/21/2021. Normal level is 201. Despite near constant releases this month, the lake’s level has remained above average.

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

Two licensed professional engineers – with more than 80 years of experience between them – filed affidavits. They claim that the SJRA’s seasonal lake lowering policy “does not allow Lake Conroe to refill through rainfall in the Spring and Fall.” Their claim is repeated over and over again in affidavits by others.

Lake Conroe Association’s Third Supplement to its Original Petition

SJRA Forced to Go Beyond Seasonal Lowering to Avoid Flooding

Twice this month, the SJRA has had to release water from Lake Conroe above and beyond the seasonal lowering policy to prevent flooding. After the May Day event, they released almost 10,000 cubic feet per second (CFS) for several days to keep the homes and businesses around Lake Conroe from flooding.

The boats are in slips, but the docks are underwater. Near Monty’s Lighthouse and Fajita Jacks on Lake Conroe on 5/1/2021, when the water level exceeded 203 feet halfway through the Spring seasonal lowering.

The rains this week have been more spread out, but the SJRA still had to release almost 3,000 CFS most days to reduce flood risk around Lake Conroe.

Engineers rarely deal in absolutes. They deal in extremes and qualify almost everything they say. But these intrepid professionals stepped over the edge on the far side of reality. Mother Nature always gets the last word.

One of Many Exaggerated Claims

The LCA lawsuit seeks to stop the SJRA’s seasonal lake lowering policy. The “refill” claim is just one of many exaggerated claims that LCA has made.

This lawsuit overflows with self-destructive claims and internal contradictions.

Say That Again!

The latest filing claims that the Lake Conroe Association has the authority to speak for all of its members because LCA feels it proved actual or imminent damages to at least one of its members. In logic, they call that “the fallacy of generalization.” I know at least one influential member of LCA who disagrees vehemently with the lawsuit. So which of those two individuals should we listen to?

LCA also asserts that the Association’s rights are “in every practical sense identical” with “its members.” Its interests, however, may not be.

Some may not find flooding enjoyable.

In its original petition, LCA claimed that its purpose was “over-seeing, directing, initiating, and promulgating programs that directly affect the control, use, and enjoyment of Lake Conroe…” Had it not been for the seasonal lake lowering policy, many homes and businesses upstream or down would likely have flooded after the May Day rains.

In the same sentence about enjoyment, LCA also claims that Lake Conroe is operated exclusively for the benefit of the citizens of Montgomery County, Texas.

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

At one point, the lawsuit claims the sole purpose of Lake Conroe is to supply drinking water. But most of LCA’s complaints refer to lost recreational opportunities.

The second supporting document LCA filed sought relief for irreparable damages but did not specify what those were. Previously LCA members have complained about:

Could Dredging Costs Be The Real Issue?

But LCA’s latest filing reveals what could be the real issue here: dredging. Reportedly, the former president of the LCA had shallow water next to some lakefront property he was trying to sell. But with the water lowered, shallowness made the property less marketable.

Shallow water especially impacts residents at the north end (headwaters) of the lake.

Some LCA affidavits claim that access channels to the lake have been cut off by siltation. This latest filing references dredging in numerous places.

Wildwood Shores claims the estimated cost to dredge area canals exceeds one million dollars. They have hired an engineering company to set up a multi-year dredging plan that would spread out the costs. But they worry that the costs may still not be affordable. Dredging companies have explained the costs of dewatering the dredged materials; hauling them out of the floodplain; and the Army Corps’ permitting process.

Residents from Wildwood Shores, an area without fire hydrants, also claim that the Sam Houston National Forest could burn down if a house fire gets out of control and the local fire department can’t find a way to draw water from the lake.

I wonder if they’ve compared the cost of dredging to putting in a water well and tank from which tanker trucks can refill. I googled “cost of water tanks” and quickly found one that holds 90,000 gallons for $35,000. That’s a lot less than a million dollars for dredging. And the capacity would be enough to fill up at least 30 of the tanker trucks they reference in the lawsuit. The engineer who filed that affidavit didn’t explore that option. Perhaps because he had something else in mind…like boating, for instance.

Let’s Focus on the Real Issues and Work Together

I’m not trying to minimize the:

  • Loss of recreational opportunities
  • Inconvenience of silt
  • Expense of dredging.

We in the Lake Houston Area have been grappling with those same issues…on top of the flooding that silt dams contribute to. They are all real.

But making claims that are false at face value; inventing one doomsday scenario after another; and ignoring reasonable, cost-effective alternatives only undermine your own credibility.

Keeping water high is a temporary solution at best. Eventually, silt will pop up all around Lake Conroe. Especially after heavy rains.

Until you start enforcing regulations that reduce the effects of egregious development (including sedimentation) and form a Flood Control District to help dredge, this problem will dog you.

Realize that we’re all in this together – upstream and down. Let’s focus on ways to mitigate our mutual problems, not fight each other for a temporary advantage.

Posted by Bob Rehak on 5/22/2021

1362 Days after Hurricane Harvey

The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.