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Woodridge Village Pre-Cristobal Detention Pond Update

Perry Home’s new contractors have excavated the vast majority of virtually all three detention ponds on the north section of Woodridge Village. That means they have almost completed 77% of the detention pond capacity for the whole site in two months. The previous contractors completed only 23% in approximately twenty months.

That represents approximately a 30x increase in productivity.

Overview of Woodridge Village Detention Pond Capacity

The pie chart below shows how that capacity breaks down. And the map shows where it is.

*Percentage of detention pond capacity in acre feet for each of the five Woodridge Village ponds.* *Source: LJA Drainage Addendum.*

*General layout of detention ponds on Perry Homes’ property.*

Contractors Scurry as Cristobal Churns in Gulf

Tropical Storm Cristobal could be a game changer next week if it hits Houston. It’s track is far from certain at this point, but the National Hurricane Center still puts Houston within the cone of uncertainty.

Cristobal has the potential to create massive erosion and set the work schedule back. The aerial photos below taken on 6/2/2020 show the current “pre-storm” status of construction for the three northern detention ponds. The two southern detention ponds were completed earlier this year.

N1 Nearing Completion of Excavation

N1 Starts at the northern boundary of the site and runs halfway down the western edge to Mace Street.

*Looking north at N1 from Mace Street in Porter to the northern boundary.*

*The area between the culverts will eventually become an extension of Mace Street (top of photo) which will traverse the entire subdivision to Ford Road on the eastern side.*

*While some contractors continue excavating, others work on installing concrete pilot channels. Shown here, the pilot channel near Ivy Ridge in Porter.*

*The northern part of N1 is not yet complete. Contractors still use the Webb Street entrance (upper left as their main access point to the site.* *Note how height of road dwarfs excavator in pit.*

Still Widening and Deepening N2 Pond

The area left of the diagonal road is the expansion of N2. The area near the diagonal embankment is deep enough to conceal trucks and excavators. However, the grassy triangle in the middle left was a previous detention pond constructed my Montgomery County in the early 2000s.

*Contractors are deepening the MoCo pond a small amount to create additional storage capacity.* *The dirt is being used to build up other portions of the site.*

Looking north along the western boundary from the southern part of the grassy triangle. Much work remains to extend the N1 channel south to N2. Jeff Miller reported today that contractors started working on this *this morning.*

*On 6.3.20, contractors were removing dirt from the northward extention of N2 with three dump trucks running in a relay fashion. Photo courtesy of Jeff Miller.*

*Twin culverts installed in Taylor Gully will control outflow rates from N1 and N2*.

N3 All Excavated

N3 cuts down the eastern side of Woodridge Village and joins Taylor Gully right above S2.

*Looking north. Excavation of N3 appears complete although few of the finishing touches have yet been installed.*

*N3 widens out about halfway down the eastern border.*

Then it narrows down again *to help control outflow speed* *as it approaches the junction with Taylor Gully.*

Water from the entire site converges here. Erosion patterns, fence damage and grass matting show this is where the overflow started that contributed to the flooding of Elm Grove (right) and North Kingwood Forest (left) twice last year.

The pile of dirt in the picture above could be shoved into the connecting channel in the event that Cristobal should strike Houston. That would then help retain water in N3 until after the storm.

All the runoff from the approximately 200-acre northern portion of the site converges here and tries to make its way through a 3-foot culvert at the end of the concrete channel.

Uncertain Still Surrounds Corner of Chaos

Some Elm Grove and North Kingwood Forest residents have called the complex flow patterns in the photo above “The Corner of Chaos.”

Overflow from the concrete lined channel is supposed to go into the kite-shaped S2 pond, and then through the twin culverts into Taylor Gully. However, a hydrology consultant for the plaintiffs in flooding lawsuits contends that floodwaters went the other way. They escaped out of the inflow channel, he says. He further claims that LJA Engineering failed to model the performance of that connecting channel.

If the design of the flow at this “Corner of Chaos” is flawed, there’s little contractors can do to fix that at this point without some major re-engineering.

In that regard, we should also remember that LJA designed these ponds before Atlas 14, so they will only hold approximately 60% of a 100-year rainfall as defined by Atlas 14 standards adopted in Harris County.

How Contractors are Temporarily Funneling Water into Ponds

Because storm drains are not yet installed, contractors are relying on temporary channels to intercept runoff and direct it to detention ponds.

*Small ditches like one on right catch runoff and direct it to ponds for the time being.*

Next Steps in Completing Detention Ponds

A modest amount of excavation remains to complete the full detention pond capacity.

But the capacity already in place should reduce flood risk compared to last year by more than 3X for storms equivalent to May 7 and September 19, 2019.

As some crews focus on completing excavation, others are putting the finishing touches on ponds. Those include concrete pilot channels, backslope interceptor swales, drain pipes, and culverts to control the rate of outflow.

Racing Against Hurricane Season

At this point, contractors are racing against time and the hurricane season. Cristobal underscores the risk of having waited for months to begin the three northern detention ponds in April. Had they begun them immediately after J. Carey Gray’s letter to Mayor Turn in October, they could easily have finished by now.

Posted by Bob Rehak on 6/4/2020 with thanks to Jeff Miller

1010 Days after Hurricane Harvey and 258 since Imelda

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.

NHC Predicts Christobal to Hit Louisiana by Sunday Morning, Houston Still Within Cone

Cristobal should approach the northern Gulf coast within 4 days. The latest predictions from the National Hurricane Center (NHC) suggest it should reach Louisiana Sunday morning by 8 a.m. Houston remains within the cone of uncertainty. The storm has already dumped torrential rains on Mexico and Central America and produced life-threatening flash flooding.

*NHC forecast track of TS Christobal shows the center of the storm arriving in Louisiana sometime between Sunday and Monday.*

No one is yet predicting the exact point of impact, the intensity at landfall, or the potential rainfall. Note, however, that the storm is significantly bigger than the center. Areas far away from the track may still experience significant impacts.

So far, this storm appears to be Mexico’s and Central America’s version of Harvey in that it has stalled in one location and dropped heavy rainfall for 4-5 days.

Current Location and Conditions

Here’s what’s happening at this hour.

Cristobal dipped inland this morning in the Mexican State of Campeche around around 8 a.m. CDT. Aircraft and surface reports indicate intensity at about 50 kt. (57.5 mph).

Now that the center of circulation has moved inland, a gradual weakening trend should commence. The NHC anticipates Cristobal will weaken to a topical depression by tomorrow evening. However, they also predict the system will re-emerge into the Gulf of Mexico.

Sheer Expected in Northern Gulf

NHC says global models show increased southwesterly shear influencing the cyclone over the northern Gulf of Mexico and this should limit intensification. However, there is significant uncertainty as to how strong a cyclone we will be dealing with near the northern Gulf coast this weekend.

Impacts to Date

Damaging and deadly flooding has occurred in portions of Mexico and Central America. Cristobal is expected to produce additional extreme rainfall amounts through the end of the week. The heaviest additional rainfall is expected over far southern Mexico and portions of the Yucatan Peninsula, while also extending along the Pacific coast from Chiapas to Guatemala and El Salvador. This rainfall could cause widespread life-threatening flash floods and mudslides. Up to 35 inches of rain has already fallen in some locations since May 30.

Even though Cristobal has made landfall, tropical storm conditions will continue along and near the coast of Mexico through Thursday, especially over western Campeche, eastern Tabasco, and northern Chiapas states.

Rainfall in Mexico and Central America Through Friday

NHC predicts Cristobal will produce the following rain accumulations through Friday night:

Mexican states of Campeche, northern Chiapas, Quintana Roo, Tabasco, and Yucatan…10 to 20 inches, isolated 25 inches.
Mexican state of southern Chiapas…15 to 20 inches, isolated 25 inches. Mexican states of Veracruz and Oaxaca…5 to 10 inches.
Southern Guatemala…Additional 15 to 20 inches, isolated storm total amounts of 35 inches dating back to Saturday, May 30th.
El Salvador…Additional 10 to 15 inches, isolated storm total amounts of 35 inches dating back to Saturday, May 30th.
Belize and Honduras…3 to 6 inches, isolated 10 inches.
Rainfall in all of these areas may produce life-threatening flash floods and mudslides.

Threat to U.S. by Sunday

NHC forecasts Cristobal to re-emerge over the southern Gulf of Mexico Friday or Friday night.

Christobal should then move northward over the central and northern Gulf over the weekend. Risks to the US Gulf coast from Texas to the Florida Panhandle include storm surge, heavy rainfall, and wind impacts beginning this weekend.

While it is too soon to determine the exact location, timing, and magnitude of these impacts, people and businesses in these areas should monitor the progress of Cristobal and ensure they have their hurricane plan in place.

*Earliest Arrival Times of Tropical Storm Force Winds. NHC prediction as of 6/3/2020 at 10AM CDT.*

Posted by Bob Rehak on 6/3/2020 at 11:30 a.m.

1009 days after Hurricane Harvey

Buzzing The Mouth Bar: Low Altitude Flyover at 30 MPH Takes 1 Minute 9 Seconds

It’s hard to get a feeling for the enormity of the West Fork mouth bar in a still photo. Something more than half a mile long is reduced to 1200 pixels. That fundamentally alters the scale between nature and humans. Instead of being a thousand times bigger, it’s a hundred times smaller. That does not produce the same emotional impact. It’s like looking at a picture of a mountain instead of standing at the base of one and feeling dwarfed as you look up.

Video Comes Closer to Capturing Imensity

However, tonight, at sunset, I flew a drone over mouth bar and captured the entire flight on video. At 30 miles per hour, it took 1 minute and 9 seconds to get from one end to the other.

The rapidly vanishing San Jacinto West Fork mouth bar. Mechanical dredging reduces the size a little more every day.

*Looking south from Scenic Shores in King’s Point across mouth bar toward FM1960 Causeway downriver.*

*Looking west toward West Lake Houston Parkway.*

*Excavators working western tip of mouth bar. They shaver one row after another off, as if they are nibbling an ear of corn.*

*From the upstream to downstream tip measures more than half a mile.*

*At the eastern end, it almost look as if a bored dredging is carving his initials in the bar so that they can be seen from outer space.*

*Looking south across the eastern edge toward the FM1960 bridge again.*

Tonight, as we watch Tropical Storm Cristobal dump torrential rains on Mexico, it’s hard to escape thinking of Hurricane Harvey. It dumped torrential rains on Houston and formed this monster mouth bar almost overnight. Remember, like an ice berg, the part you see above water is only a tiny percentage of what you can’t see below water.

Thinking of Cristobal, Remembering Harvey

As I look at the cloudless skies and soft sunset, I can’t help but wonder. Will Cristobal miss us. Or is this just the calm before the storm?

Cristobal has produced life-threatening flash flooding in Mexico and Central America. The National Hurricane Center forecasts it to move northward across the Gulf of Mexico on Friday. Risks include storm surge, rainfall and wind impacts this coming weekend across the US Gulf Coast from Texas to Florida. NHC reiterates that it’s too soon predict the exact location, timing and magnitude of these impacts.

Posted by Bob Rehak on 6/3/2020

1009 Days since Hurricane Harvey

AlertHouston Urges Public to Report Suspicious Piles of Bricks, Rocks

AlertHouston has just issued a plea to the public to report suspicious piles of rocks and bricks.

Houston Public Works has already removed several piles of bricks and rocks from several locations in Houston this afternoon. The bricks and rocks may be intended to cause physical harm or destruction during demonstrations.

Please call 311 (or the Houston Police Department non-emergency line, 713.884.3131), to report any suspicious activity or if you see someone leaving these items in the community.

HPW will dispatch a crew to immediately remove these and other items that may be used to threaten the safety and security of the citizens of Houston.

Posted by Bob Rehak on 6/2/2020

1008 Days after Hurricane Harvey

TD 3 Close to Tropical Storm Strength; Dumping Torrential Rains Over Mexico, Central America

Confidence is increasing that a tropical system will be moving northward through the Gulf of Mexico by this weekend. It will threaten some portions of the US Gulf coast. However, the National Hurricane Center advises that it’s still too early to pinpoint where the greatest impacts may be.

Harris County Flood Control Meteorologist Jeff Lindner advises residents along the Gulf coast to fully stock hurricane kits and have plans ready to enact. “By Sunday morning, it is likely there will be a tropical storm in the central Gulf of Mexico,” he says.

*Source: NHC. Indicates conditions as of 10a.m. CDT on 6/2/2020.*

At This Moment…

Slow-moving Tropical Depression Three (TD 3) is still in the Bay of Campeche and:

CLOSE TO TROPICAL STORM STRENGTH
LIFE-THREATENING HEAVY RAINFALL AND FLOODING CONTINUES OVER PORTIONS OF MEXICO AND CENTRAL AMERICA.

Summary of Watches and Warnings

A Tropical Storm Warning is in effect for Campeche to Puerto de Veracruz. A Tropical Storm Warning means that tropical storm conditions are expected somewhere within the warning area, in this case within the next within 24 to 36 hours.

Current Location and Conditions

At 1000 AM CDT (1500 UTC), the center of Tropical Depression Three was located near latitude 19.5 North, longitude 92.6 West. The depression is moving toward the west near 3 mph (6 km/h). The depression is forecast to move slowly southwestward or southward this afternoon and tonight, and meander over the southern Bay of Campeche through late Wednesday.

NHC forecasts the center of the cyclone to remain near the coast of the southern Bay of Campeche tonight through Thursday. Maximum sustained winds are near 35 mph with higher gusts. Some strengthening is forecast during the next 48 hours, and the depression is likely to become a tropical storm today.

USAF plane recorded flight-level winds of 44 kts.

The minimum central pressure reported by an Air Force Hurricane Hunter plane is 1005 mb (29.68 inches).

TD 3 A Rainmaker

NHC expects TD 3 to produce total rain accumulations of 10 to 20 inches with isolated maximum amounts of 25 inches over parts of the Mexican states of Tabasco, Veracruz, and Campeche.

The depression is also expected to produce total rain accumulations of 10 to 15 inches over northern Chiapas and other Mexican states, Quintana Roo and Yucatan.

Additional rainfall of 10 to 15 inches, with isolated amounts of 25 inches is expected along the Pacific coasts of Chiapas, Guatemala, and El Salvador. Some of these Pacific locations received 20 inches of rain over the weekend, and storm total amounts of 35 inches are possible.

Rainfall in all of these areas may produce life-threatening flash floods and mudslides.

Wind Probabilities

Tropical storm conditions are expected to first reach the coast within the warning area tonight.

*Source: NOAA. Probably Tracking of TD 3 and earliest arrival of tropical storm force winds.*

It is important for users to realize that wind speed probabilities that might seem relatively small at their location might still be quite significant. A chance exists that a damaging or even extreme event could occur that warrants preparations to protect lives and property.

Key Takeaways

Deadly flooding has already occurred in portions of Guatemala and El Salvador, and the depression is expected to bring additional heavy rainfall to portions of southern Mexico, Guatemala, Honduras, and El Salvador, which could cause life-threatening flash flooding and mudslides.
Tropical storm conditions are expected along the coast of Mexico where a tropical storm warning is in effect.
The system is forecast to begin moving northward across the Gulf of Mexico by this weekend. However, it is too soon to specify the location and timing of any potential impacts along the U.S. Gulf Coast. Interests in these areas should monitor the progress of this system through the week and ensure they have their hurricane plan in place as we begin the season.

Houston Forecast For the Week

Today, mostly sunny with light winds. Expect similar conditions on Wednesday, with the possibility of scattered showers and highs of around 90 degrees.

The second half of the week will see warmer weather as high pressure continues to build over the area. We are likely to see high temperatures in the low- to mid-90s. Mostly sunny skies and only slight rain chances during the afternoon hours. Nights will be warm and muggy, in the 70s.

The location of a high pressure system to our north late in the week will likely determine the track of TD 3. Monitor forecasts closely.

Posted by Bob Rehak on 6/2/2020

1008 Days after Hurricane Harvey

Tropical Depression 3 Forms in Gulf

For the last two days, the National Hurricane Center has upped the chances of a tropical formation in the Gulf of Mexico this week. This afternoon, the chances went from 80% to 90% at 1 pm CDT. Now, at 5:30, Jeff Lindner, Harris County meteorologist is saying, TD 3 has formed in the Bay of Campeche. Surface observations and visible satellite images indicate that remains of Pacific TS Amanda have now moved over the Bay of Campeche and a low level circulation has become re-established.

Satellite imagery and radar observations from Mexico show that the area of disturbed weather centered near the west coast of the Yucatan peninsula is gradually becoming better organized.
National Hurricane Center

Further Development Expected in Next 24 Hours

The disturbance will move west-northwestward over the Bay of Campeche later this afternoon where environmental conditions are expected to be conducive to support development. The NHC says a tropical depression or storm will likely form tonight or Tuesday. The system is then forecast to drift westward or west-southwestward over the southern Bay of Campeche through the middle of the week.

NHC says the system could cause life-threatening flash flooding and mudslides in Mexico and Central America this week.

A tropical storm warning is currently in effect for the coast of Mexico.

Longer Range Outlook Cloudier

NHC forecasts the system to move northward across the Gulf of Mexico later this week after wandering around in the Bay of Campeche. However, it is too soon to specify the location and timing of any potential impacts along the US Gulf Coast.

The Center still lists the chances of tropical storm formation at 90 percent. Satellite images already show the beginning of rotation.

Conditions are favorable for some slow increase in strength as the surface circulation moves over the warm waters of the Bay of Campeche. Upper level winds within a large area of deep tropical moisture suggest TD 3 will likely become a tropical storm over the next 24 hours. A USAF mission is planned for Tuesday to determine the organization and intensity of the system. After 24 hours much of the intensity forecast will be driven by how much the center interacts with the landmass of Mexico.

Tropical Storm Likely with Winds Up To 60 MPH

The official forecast brings TD 3 to a 60mph tropical storm as it begins to eject NNE into the south-central Gulf of Mexico. Significant changes to the forecast track and intensity will be possible with this system over the next several days.

Separately, NOAA has issued a Gale Warning for the Gulf of Mexico.

What a day for the start of hurricane season! People along the US Gulf coast should review hurricane preparation plans and make sure hurricane supply kits are fully stocked and check weather forecasts at least once a day this week.

Posted by Bob Rehak on 6/1/2020 at 5:30 pm

1007 Days since Hurricane Harvey

NHC Upgrades Chances of Topical System Formation in Gulf to 80%

Update: This post was created at 10 a.m. As of 1 p.m. the National Hurricane Center upgraded the chances of tropical development another 10% to 90%.

Pacific Tropical Storm Amanda moved into Central America and southern Mexico last weekend. It is now poised to re-emerge into the Gulf of Mexico and may form another tropical system. Since yesterday morning, the National Hurricane Center (NHC) upgraded the chances of formation within the next two days from 40% to 80%. The NHC also upgraded chances of formation within five days from 50% to 80%.

*Remnants of Pacific Tropical Storm Amanda over the Yucatan and Central America. Source: NOAA. Motion is toward the northwest.*

*Source: NOAA National Hurricane Center.* *As of 7am 6/1/2020.*

Will Likely Move into Bay of Campeche

NHC expects this large area of disturbed weather to move northwestward over the southeastern portion of the Bay of Campeche later today or tonight. Environmental conditions there are expected to be conducive to support development.

A new tropical depression is likely to form within within the next day or so.
National Hurricane Center

The system is moving around the northern side of a nearly stationary central American monsoon trough.

Conditions over the Bay of Campeche appear favorable for slow development of a surface low pressure system. Those conditions include:

Warm sea surface temperatures
Light upper level winds
Rising air motions
An envelope of tropical moisture.

*Water vapor intensity and circulation. Source: University of Wisconsin Madison Space Science and Engineering Center.*

Heavy Rainfall for Southern Neighbors For the Moment

Regardless of tropical cyclone formation, heavy rainfall should continue over portions of southern Mexico, Guatemala, El Salvador, Belize, and western Honduras during the next few days.

System Likely to Loop in Bay of Campeche Before Moving North

The tropical system will loop or remained stalled in the Bay of Campeche (the bay between the Yucatan and Mexican mainland) for the next 2-4 days. After that, most models take it toward the US Gulf coast, but there is little agreement among the models at this early stage of formation. Currently, they indicate landfall anywhere between Mexico and Florida. We should have a better indication of the track toward the middle of this week.

Official Start of Hurricane Season Today

Today marks the first day of the Atlantic hurricane season, which will run until November 30. The list of names for 2020 follows:

Two tropical storms, Arthur and Bertha, already formed this year in May. The next named storm that develops this season will be Cristobal.

The NHC monitors significant areas of disturbed weather and their potential for tropical cyclone formation. NHC updates forecasts at 1 AM, 7 AM, 1 AM, and 7 PM CDT.

What You

Harris County Flood Control meteorologist Jeff Lindner advises residents along the US Gulf coast to closely monitor the progress of this system. “Now is a very good time to review plans and fully stock preparation kits,” he says.

Posted by Bob Rehak on 6/1/2020 at 10am with thanks to NHC, HCFCD and Univ. of Wisconsin

1006 Days after Hurricane Harvey

NHC Gives 40-50% Chance of Tropical Cyclone Formation In Gulf This Week

NHC Special Tropical Weather Outlook NWS National Hurricane Center Miami FL 805 AM EDT Sun May 31 2020 For North Atlantic, Caribbean Sea and Gulf of Mexico:

*Source: National Hurricane Center 5 Day Tropical Outlook for Atlantic* as of 7:05AM CDT on 5/31/2020

The National Hurricane Center (NHC) forecasts the Eastern Pacific Tropical Storm Amanda, now centered inland over southeastern Guatemala, to weaken into a remnant low or dissipate over Guatemala or southeastern Mexico by tonight.

However, the NHC also predicts that the remnants of Amanda will move northwestward within a broader area of disturbed weather, possibly emerging over the southeastern Bay of Campeche on Monday.

If the remnants move back over water, environmental conditions appear conducive to support some redevelopment of the system while it moves little through the middle of this week.

Regardless of redevelopment, heavy rainfall is likely to continue over portions of southern Mexico during the next few days. For additional information on the rainfall threat, see products from your national meteorological service.

The next Special Tropical Weather Outlook will be by 3 PM EDT today, or earlier if necessary.

Formation chance through 48 hours…medium…40 percent.
Formation chance through 5 days…medium…50 percent.

If it does become a named storm, it would be Cristobal.

*Tropical Storm Amanda will likely cross into the Gulf of Mexico on Monday. (Source: NOAA via Space City Weather).*

Too Early to Predict Direction of Storm

Jeff Lindner, Harris County Flood Control District meteorologist, says, “Where exactly any center forms will determine what sort of longer term track would be possible … across the Gulf of Mexico.”

“Regardless of development,” he continues, “a large plume of tropical moisture will be moving into the SW and eventually the western Gulf of Mexico this week. Some of this moisture will likely get directed toward the Texas coast by late week and next weekend.”

“As with any tropical system in this stage of potential development, there is lots of uncertainty.”

“The best course of action is to monitor weather forecasts daily and National Hurricane Center outlooks for any changes.”
Jeff Lindner, Harris County Flood Control meteorologist

Preparedness

Hurricane season starts tomorrow. The NHC predicts above-average activity this hurricane season.

*Source: National Hurricane Center prediction on 5/21/2020.*

Now would be a good time to prepare. The major risks in the Lake Houston area include river and street flooding (as we saw with Harvey, Allison and Imelda) and wind damage (as we saw with Ike). Ike led to prolonged power outages due to trees falling against power lines.

Make sure you have fresh batteries and a backup supply, as well as a weather radio.

Also make sure you have a way to charge your cell phone (vehicle or power block). And make sure you learn how to use the Harris County Flood Warning System to increase your situational awareness.

Familiarize yourself with the LINKS page of this website. It contains links to many useful sites specializing in preparedness and weather.

Remember: the COVID crisis presents an extra layer of complication this year.

Lake Level Report

As of this morning, the level of Lake Conroe was 200.23 feet and the SJRA continues releasing 1581 cubic feet per second. Their goal: to bring the lake down to 200 feet by tomorrow.

Also as of this morning, the Coastal Water Authority indicates that the level of Lake Houston is down approximately one foot.

Lake Level	41.46 ft.
Normal Pool	42.4 ft.

Source: Coastal Water Authority readings as of 7:30am 5/31/2020.

Posted by Bob Rehak on 5/31/2020

1006 Days after Hurricane Harvey

Sand Miners Act Like They Own Our Rivers

Who owns our rivers? In Texas, the state owns navigable streams and rivers. People may not obstruct them, drive through them, dump waste in them, or mine them – at least not without a permit. But sand miners constantly violate those laws with only slap-on-the-wrist fines that amount to another “cost of doing business.” Meanwhile, you are the one who pays the price.

Navigable Streams/Rivers Protected for Public

What does “navigable” mean? This Texas Parks & Wildlife web page describes the concept of navigability “in fact” and “in statute.” There is no precise test for whether a stream is navigable in fact. One court observed that “[w]aters, which in their natural state are useful to the public for a considerable portion of the year are navigable.”

Another link to Texas Parks & Wildlife describes stream navigation law, specifically “Private Uses, Obstructions, Bridges and Dams.”

“Since the days of the civil law of Spain and Mexico, obstructions of navigable streams have been forbidden,” the page begins. “Nowadays the Texas Penal Code, the Texas Water Code, and the Texas Parks and Wildlife Code contain prohibitions against obstructing navigable streams, and the Texas Natural Resources Code forbids unauthorized private structures.”

The Commissioner of the General Land Office has some authority to grant easements for rights of way across navigable or state-owned stream beds.

No Right to Obstruct Navigation

However, in general, no one has the right to obstruct navigation or interfere with recreation.

Parks & Wildlife Code § 90.008 states regarding Public Access: “Except as otherwise allowed by law, a person may not restrict, obstruct, interfere with, or limit public recreational use of a protected freshwater area.”

The “protected freshwater area” referred to above is defined in § 90.001 to be “the portion of the bed, bottom, or bank of a stream navigable by statute up to the gradient boundary.” That gets complicated, but generally, it means between vegetated river banks. Sand bars in a river are normally considered part of the river bed even if above water.

Prohibition Against Motor Vehicles in Rivers

In addition to the restrictions on obstruction of navigability, landowners (and the public) are generally prohibited from operating a motor vehicle in the bed of a navigable waterway (Tex. Parks & Wild. Code Section 90.002).

Prohibition Against Unauthorized Discharges

Numerous posts on this website have dealt with the legal limitations on discharging wastewater from sand mines. In general, it’s supposed to contain no more suspended solids and be no more turbid than natural levels in water upstream from the mine.

The only problem with that concept: when you have 20 square miles of sand mines in a 20 mile stretch of the river, it’s hard to find unpolluted water. In effect, the procedure/standard continually “lowers the bar” as you move downstream.

Out of Sight Makes Blight

What sparked this inquiry? As I fly up and down the West Fork, I see things normally out of public view. Such as miners’ dredge lines stretched across the river, blocking navigation. Such as trucks crossing rivers. Such as mines flushing wastewater down the river. Such as mining the riverbed, without permits or paying appropriate taxes.

Few people ever see these violations. And that has led to boldness on the part of miners. There’s little chance they will be caught. It’s kind of like speeding through a barren desert.

I have no idea whether any of the miners involved in most of the incidents below bothered to obtain permits. I do know that in many cases they have not.

Here is a small sampling of what I see from the air, month after month.

Dredge Pipelines Blocking River

*Dredge lines block river at Hallett truck crossing.*

*Dredge lines blocking river at Hanson Aggregates on West Fork in Conroe.*

Vehicles Driving Through River

*Vehicle about to cross river toward Hanson Aggregates Mine on West Fork*

Breaches Dump Wastewater into Drinking Water

*Breach at Triple PG mine into Caney Creek that was left open for months, now subject of a lawsuit by the Attorney General.*

*Another breach left open for months at same mine.*

*Breach into West Fork at Hallett Mine. Hallett says this was their stormwater outfall. It was open for years, but is now closed.*

*Plugged breach at Hanson Aggregates on West Fork*

*Often mines don’t breach directly into a river where it would be obvious. Here, the LMI River Bend mine drains onto adjacent properties which then drain to the West Fork.*

*Same area as above but closer to breach.*

Abandoned Without Reclamation

*Equipment abandoned in floodway at abandoned West Fork mine. Note oily scum on water.*

*Another abandoned River Aggregates mine perpetually leaks turbid water into West Fork. Even though mine is not active, an adjacent Hallett pit often leaks into this one and causes it to overflow.*

Pumping Wastewater to River and Adjoining Properties

*Triple PG mine pumped wastewater over its dike onto adjoining properties while operating under an injunction. Note how water is higher outside the mine (strip of trees in middle of image) than inside.*

*Note pipe in dike at Hanson Aggregates mine at allows water to drain out into ditch that runs to river.*

*Pumping water over the dike at LMI’s Moorehead mine.*

*Pumping wastewater into West Fork at Hallett Mine*

*At site of former breach, note how pipes now carry wastewater to West Fork from Hallett Mine.* *Water experts say that intense blue color is either cyanobacteria or extremely high chloride content in water.*

River Mining Without Permit

Effect on Water Quality

*Looking north at confluence of West Fork (top) and Spring Creek by US59. West Fork usually runs murkier than Spring Creek right. Almost all area sand mines are on West Fork.*

*Same confluence as above but looking west.* *56,000,000 gallons of white goop from Liberty Mine breach turned West Fork (right) white.*

Contributing to Blockages and Flooding

Rivers transport sand and sediment naturally. But with 20 square miles of sand mines built in the floodway of the West Fork upstream from the Lake Houston Area, miners have increased the potential for erosion 33x compared to the average width of the river. The pictures below, taken shortly after Harvey, show the results.

A six foot high dune not present before Harvey occluded the West Fork by 90% according to the US Army Corps of Engineers. More than 600 homes and hundreds of businesses flooded upstream from this blockage.

*West fork San Jacinto Mouth Bar after Harvey. Thousands of homes upstream from this blockage flooded during Harvey. It’s costing taxpayers more than $100 million to remove such blockages.*

Please share this post with friends and family. It’s time to start getting ready for the next legislative session.

Posted by Bob Rehak on 5/30/2020

1005 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.

SJRA Resumes Seasonal Release 3 Days Before Scheduled End

For the record, this morning, the SJRA resumed lowering Lake Conroe just three days before the scheduled end of its Spring seasonal release. As of 1PM, the SJRA is releasing 1581 cubic feet per second. Recent rains raised the lake level more than a half foot from the target of 200 feet to 200.53 feet.

*Source SJRA.net as of approximately 11 a.m. on May 29, 2020.*

SJRA Coordinated with CoH

The lake had risen to approximately 200.4 feet for the last two weeks of May. And, when heavy rains entered the forecast, readers began to ask whether SJRA would lower it to 200 again. However, SJRA did not resume lowering at that time.

Reportedly, the City of Houston was worried about overloading Lake Houston at a time when:

Dam repairs were in progress
Heavy rainfall was in the forecast

So the SJRA held water back.

What 500 CFS looks like. Photographed 7/31/2018, during a tour of the Lake Conroe Dam. *The current release is three times this rate.*

According to sources, the Coastal Water Authority has opened its gates on Lake Houston and is coordinating release rates with the SJRA so as not to flood downstream residents.

Exact Text of Spring Lake Lowering Policy

For the record, here is the official SJRA lake lowering policy renewed with some modifications after months of divisive debate. Lake Houston residents wanted the extra buffer against flooding. Lake Conroe residents claimed there was no proof it worked. They also claimed that it was lowering their property values and destroying their tax base.

In the Spring, the policy calls for:

“Beginning April 1, release only an amount of water from Lake Conroe to create a one foot capacity to catch rainfall and storm runoff (from 201’ mean sea level to 200’ msl). Recapture of lake level beginning June 1.”

Average Lake Level By Month for 46 Years

Also note that the lake level rarely reaches 201. The average varies each month depending on rainfall and evaporation. So when Lake Conroe reached 200.53, it exceeded the norm.

*Lake Conroe seasonal levels by month. Source: SJRA*

We need to watch this closely. In 2.5 days, this release should stop until the SJRA resumes seasonal releases on August 1. Please report any flooding through the contact page on this web site.

Text of Fall Policy

The fall seasonal lowering coincides with the peak of hurricane season. The SJRA Fall seasonal lowering policy states:

Beginning August 1, release only an amount of water from Lake Conroe to create a one foot capacity to catch rainfall and storm runoff (from 201’ msl to 200’ msl). After September 1, increase capacity an additional six inches (from 200’ msl to 199.5’ msl). If a named storm is predicted to impact our region, the COH may initiate an additional release of six inches (to 199’ msl) by notifying SJRA in writing of their call for release. Recapture beginning October 1.

Posted by Bob Rehak on 5/29/2020

1004 Days after Hurricane Harvey