ReduceFlooding.com has added an index page to make it easier to find old content. The new index page actually contains two indexes. The first: by keyword, the second by post title.
Today marks the 943 days since Hurricane Harvey. During that time, I and guests have posted 1099 items to the news page. Unless long-time readers remembered how to search for those posts, many became lost or forgotten over time. And new readers simply were never aware of of the wealth of material found in thousands of pages on the site.
I’m hoping the new index page will make it easier for both readers and researchers to find helpful material they need.
Each term or title on the index page is hyperlinked.
Clicking on a key word pulls up ALL the posts with that term. Scroll down to see them all. They are stacked on top of each other in REVERSE chronological order (most recent first).
Below the list of key words, you will find another list of post titles in alphabetical order.
Each index list has an alphabet bar at the top that will take you directly to links starting with a particular letter, to help reduce scrolling.
Terms and posts based on numbers fall at the bottom of each list.
Hint: If you browse the index by key word, you may also want to search the site by the same keyword.
Here’s why. The programming for the key word index works off of WordPress “tags.” Tags are something you add to a post after creating it to tell search engines, “This post is about X.” It’s entirely possible that only one post may be ABOUT Tony Buzbee but that he is mentioned in many more that could have been more heavily focused on sand mines, the mayoral election, etc.
The idea for this page came from a reader. So please continue to share your thoughts with me. Play with it and tell me what you think.
Posted by Bob Rehak on March 29, 2020
943 Days after Hurricane Harvey
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LJA’s drainage design forces floodwater to make six turns within the space of about 200 yards. The areas at the left and top of the frame flooded during May and September last year when water overflowed.
Hints of Defense Strategy
However, in answering the allegations, LJA’s lawyers did hint at their defense strategy. In addition to their general denial, they claim that:
Plaintiffs’ damages were solely caused by the negligence of third parties over whom LJA has no control.
Plaintiffs did not hire LJA and therefore LJA owed no duty to the plaintiffs.
Intervening and superseding conduct on the part of third parties or other parties, persons or entities, acts as a total bar to plaintiffs’ claims.
The incident in question was an Act of God.
Here is their entire answer to the plaintiffs’ claims. LJA’s lawyers filed it with the Harris County District Clerk on 3/16/2020.
Opinions of Claims
Third parties in the case include several contractors, AND Figure Four Partners, a Perry Homes’ subsidiary of another subsidiary. Engineers, in my experience, often blame problems on contractors that didn’t follow plans. In this case, according to the drainage impact analysis submitted by LJA to Montgomery County, contractor(s) should have cleared only 30 acres on the northern portion of the site and 58 acres on the southern portion during Phase 1. See page 1, paragraph 2 of LJA’s Drainage Impact Analysis. However, Google Earth shows that about half of the 182-acre northern section and all of the 86-acre southern section were cleared by February 23, 2019. That was six weeks before the May 7th flood. Images taken of the northern portion of the site shortly after the May 7th flood show it was virtually clear except for piles of uprooted trees. Helicopter images show that substantially all of the northern section was cleared about the time of the Imelda flood. Construction documents also show that an engineer should have been supervising construction.
I’m not sure what they mean by “intervening” conduct. It sounds like interference from above. Hmmmm. Could they be pointing a finger at Perry Homes’ Figure Four Partners or Perry Homes itself? It will be interesting to see what happens with this one.
The District Clerk’s website shows no other activity on the case since LJA filed this document. Harris County Civil Courts will operate on a restricted schedule until further notice due to the corona virus. Hours of operation are from 7 a.m. to 6 p.m. Monday through Thursday. They are closed Friday through Sunday.
Judge Lauren Reeder months ago set a trial date of 7/13/2020, at 08:30 a.m. However, the corona virus could delay the start of any trial in this case.
New Discovery in MoCo Drainage Criteria Manual
In the meantime, I discovered one other interesting potential violation of the Montgomery County Drainage Criteria Manual. Section 9.1.2 Flood Plain Development Guidelines and Procedures says that when planning a development within the 100-year flood plain, construction within the floodway is limited to structures which will not obstruct the 100-year flood flowunless fully offsetting conveyance capacity is provided.
“Where such a potential exists, offsetting conveyance capacity must be provided to eliminate the increased potential for flood damage.”
The potential violation? The twin culverts shown in the photo above. They were built when only one of five detention ponds was even partially complete. And they’re right at the county line. LJA’s own maps show these culverts to be within feet of the Taylor Gully floodway and floodplain on the Harris County side of the county line.
If LJA intends to argue that May 7th or September 19th were greater-than-100-year rains, it then seems to me that they should have halted construction of the culverts until fully offsetting detention was in place. To this date, only 23% of the intended detention capacity has been constructed.
Posted by Bob Rehak on 3/28/2020
942 Days since Hurricane Harvey and 191 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/03/20200306-RJR_0183.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-03-28 20:14:022020-03-28 21:41:46LJA Denies Responsibility for Elm Grove Flooding; Says They Owed No Duty to Victims
Dredging of the River Grove Park boat launch and lagoon have been set back at least two weeks. Originally, KSA estimated that the job could finish as early as the end of March. According to KSA President Dee Price, that was an estimate from the contractor, Kayden Industries, not a contract requirement.
Lower Lake Level Required Even Smaller Dredge
According to Price, Kayden ran into a problem when the City unexpectedly lowered the level of Lake Houston about two feet. “The reduction in the water level grounded the dredging barge that they were using,” said Price. “To keep moving forward, they removed the first dredge and brought in a smaller one.”
Original dredge now sidelined. Sand stockpile in parking lot is being removed by truck to a location in Humble out of the floodplain.New dredge is even smaller than last one but can operate in shallower water.About one third of the lagoon in front of the boardwalk remains. Note how vegetation is already regrowing on exposed sediment.This afternoon, the new dredge operated by the discharge pipe.The dredge pumps water and sediment into this giant machine that resembles an oil field “shaker.” It separates solids from liquids.The solids drop out. They are then carried to the edge of the boat dock where they dry further before being hauled off.Water minus sediment over a certain size is then returned to the river.
Contractor Will Finish Job With Smaller Dredge
“The water level is back up now,” said Price. “Kayden thinks they can finish the job using the smaller dredge, but it will take a little longer.”
With the corona virus restrictions, there is now very little activity at the park. Reminder: children should NOT use the playground equipment to help restrict the spread of the virus. Soccer leagues have also been affected. Only a handful of people were using the park this afternoon.
After Dredging
The sand pile is still blocking the boat launch. It and Kayden’s equipment will be removed from the park when dredging completes in a couple more weeks.
At that point, KSA intends to repair the asphalt damage from the heavy equipment. KSA will also replace the speed bumps with speed humps to accommodate boat trailers. All that could take till May.
Posted by Bob Rehak on 3/27/2020
941 Days after Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/03/20200327-RJR_0438.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-03-27 18:39:572020-03-27 18:40:07River Grove Dredging Completion Delayed at Least 2 Weeks
On March 16, 2020, the Texas Water Development Board (TWDB) finally started accepting applications for flood infrastructure projects under Senate Bill 7 signed by the Governor on June 13, 2019. We’re now at 941 days since Hurricane Harvey.
What Took So Long
What took so long?
Harvey happened shortly after the 2017 legislature concluded.
The Governor would immediately release money from the Rainy Day Fund.
The next legislature met in January of 2019.
It took until the end of May, 2019 for SB7 to work it’s way through the Senate and House.
The Governor signed the bill in June.
The bill stipulated that the fund had to be approved to voters in November 2019. It was.
With construction on many projects taking a year or more, the earliest citizens may see benefits from many of these grants will be 4 years post Harvey.
941 Days since Hurricane Harvey and 190 since Imelda
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A friend, Dr. Matthew Berg, CEO and Principal Scientist of Simfero Consultants, observed that flooding and the corona virus are alike. The more I thought about that, the more intrigued I became. Controlling both requires similar strategies.
Controlling Convergence is Key
Of course, when looking at the corona virus, it spreads from “one-to-many.” And when looking at flooding, the relationship is reversed, “many-to-one.” But stay with me for a moment. Because similarities will become apparent at the point of convergence.
Dozens of creeks and streams flow into Lake Houston from approximately 2,600 square miles.
Creeks and streams from 2,600 square miles converge on Lake Houston during heavy rains. That can cause flooding. Likewise, thousands of corona virus victims could soon flood the area’s limited number of hospitals.
Harvard Study Shows Hospitals Rapidly Becoming Overwhelmed
Last week, ProPublic published an article, “Are Hospitals Near Me Ready for Coronavirus? Here Are Nine Different Scenarios.” The article is about a Harvard Global Health Institute study. It modeled different rates for the spread of the virus: 20%, 40% and 60% of the population infected over 6, 12 and 18 months. The authors then compared results against the number of available hospital beds in various areas.
Interestingly, they used the Houston region as their first test case. In only one of the nine scenarios, did we have enough hospital beds to handle the flood of corona victims. That scenario was for 20% infected (the smallest percentage) over 18 months (the longest period).
Darkest blue represents 6-month peak, middle blue a 12-month peak, and lightest an 18-month peak.
In the graph above, the areas shaded with crosshatching represent the normal baseline level of bed occupancy for non-corona patients in Houston hospitals. The colored areas represent the percentage of the area’s population projected to seek admission within a 6-, 12- or 18-month period.
2.8X Available Hospital Beds
The ProPublica article about the Harvard study goes into much more detail. It looks at all 50 states, the number of ICU beds, available ventilators, people etc.
In Houston, the researchers found, “The influx of patients would require 14,300 beds over 12 months, which is 2.8 times the available beds in that time period. The Harvard researchers’ scenarios assume that each coronavirus patient will require 12 days of hospital care on average, based on data from China.”
ProPublica Article on Harvard Study
One hospital administrator said, ““The reality is that you can’t create unlimited hospital beds and ventilators. We have what we have, so we really have to hope that it’s enough, and that we’re prepared enough.”
Flattening the Curve Prevents Avoidable Deaths
Said the authors, “By modeling the data over the three time periods, the scenarios illustrate how much the nation could “flatten the curve” with social measures to ensure hospitals have greater capacity to care for coronavirus patients.”
Epidemiologist Dr. Marc Lipsitch, head of the Harvard T.H. Chan School of Public Health’s Center for Communicable Disease Dynamics said, “The way to permanently stop new cases from setting off long chains of transmission is to have each case infect considerably less than one case on average. The numbers will go down. There will still be little outbreaks, but not big ones.”
Basically, Dr. Lipsitch argues that controlling the flood of victims early at the source is the only way to avoid overwhelming health care resources.
This YouTube video from Vox about Avoidable Deaths shows how slowing things down and flattening the curve helps everyone.
It’s much the same in physical flooding. Too much water in too little time overwhelms the available capacity of streams, rivers and lakes. Property is destroyed. People die.
The beat the peak loophole in MoCo regulations says that if developers can prove they can get their runoff to the river before the peak of a flood, they don’t have to build detention ponds. That’s what happened in the 2200-acre Artavia development. Of course, this incentivizes developers to get their water to the river ASAP.
And that’s exactly the opposite of what you need to protect lives and property downstream.
It’s kind of like saying, “Let’s infect everybody as fast as we can.”
Slowing down the spread of the virus will give researchers time to develop a vaccine or for the population to develop herd immunity … before hospitals become overwhelmed.
Unfortunately, there is no vaccine or herd immunity to protect downstream residents from greed. And there never will be. That’s why we need to close the “beat the peak” loophole before it’s too late.
Posted by Bob Rehak on 3/25/2020
939 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/03/Vox.png?fit=1870%2C1042&ssl=110421870adminadmin2020-03-25 17:22:522020-03-25 17:22:57Parallel Between Flooding and Corona Virus
General location of new sand mine, south of Conroe, west of I-45 and West Fork, and east of Carriage Hills subdivision.
40 Minute Session with One Spectator
Likely due to the corona virus scare, only one spectator showed up to the Commissioners Court meeting, Paul Crowson. Crowson reported that the motion carried. He also said the entire meeting lasted only 40 minutes.
Minutes and video of the meeting still have not been posted. Crowson says he queried Montgomery County Attorney BD Griffin for details about the suit and Giffin replied only with “No comment.”
I wonder if the decision by Commissioners to allow the County Attorney to sue will actually result in a lawsuit. With permission to sue now in hand, the District Attorney may use that as a tool to get the defendant(s) to remediate whatever damage he/they have done. Either way, that’s good news.
A New Day for MoCo Sand Miners?
Regardless, this signals somewhat of a sea change for Montgomery County. The County passes out tax breaks to sand miners like Halloween candy, even though they violate State Controller guidelines.
More news to follow as it becomes available.
Posted by Bob Rehak on 3/25/2020
939 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/03/Sand-Mine-Area.jpg?fit=1200%2C784&ssl=17841200adminadmin2020-03-24 21:17:182020-03-24 21:22:04Montgomery County Commissioners Vote to Sue New Sand Mine Near Carriage Hills
Starting tonight at 11:59 P.M. and lasting through April 3, 2020, “this Order requires all individuals anywhere in Harris County, to stay at home – except for certain Essential Activities and work to provide Essential Business and Essential Government services or perform essential infrastructure construction, including housing.”
Rustling Elms Bridge over Taylor Gully during peak of May 7, 2019 flood.
Non-essential and prohibited:
All exercise facilities including gyms, swimming pools and martial arts studios must close.
A broad range of retail shops must close including barbers, hair salons, tattoo parlors, bowling alleys, game rooms, massage parlors, malls, flea markets, movie theaters, concert halls and more.
All public and private gatherings occurring outside a single household or living unit are prohibited.
Nursing homes, retirement, and long-term care facilities must prohibit non-essential visitors except for end-of-life visitation or critical assistance.
Restaurants will remain closed except for drive-through and carry-out orders.
Churches may only provide services via video or teleconference.
Essential and still exempt:
Grocery stores
Pharmacies
Gas stations
Convenience stores
Liquor stores
Car dealers and repair facilities
Professional services, such as legal, accounting, insurance, etc.
Flood Control Not On List
The corona virus prohibited and exempted lists stretch for 20 pages. They are too numerous to summarize here. However, as I read through the list, nowhere did I see “flood control” or “flood mitigation” work. That made me wonder whether we had potentially traded one type of crisis for another.
So I reached out to county officials and asked how today’s corona virus order would affect the activities of the Flood Control District. Said another way, were they considered “essential activities.”
Flood Control Deemed Essential, Will Continue
The answer: Yes, Flood Control is considered essential under the infrastructure and construction provisions of the order. No, Harris County Flood Control District (HCFCD) will not shut down mitigation projects.
Matt Zeve, Deputy Executive Director of HCFCD had this to say. “Everyone who can will work from home. We had already been phasing that in before today. All construction and field work will continue as normal…with appropriate social distancing and hygiene procedures of course.”
Moving Into High-Risk Season for Flooding
As we move into April and May, the rainiest months of Spring, that’s comforting. A reader asked me today, “What would happen if we got a flood on top of the corona virus?” My first inclination was to tell her she needs to write the screenplay and go to Hollywood. But then I said, “That’s actually pretty plausible.”
People mucking out houses in unsanitary conditions and tight, crowded spaces could accelerate the spread of the virus. Crowded rescue boats and choppers would make a first responders nightmare, especially when rescuing people with the corona virus. Thousands of evacuees in churches, schools and convention centers. Evacuating high-risk populations like the elderly from nursing homes. These are not pleasant thoughts.
That’s why I’m glad that the work of flood control will continue as normal. Hurricane season is only nine weeks away.
Posted by Bob Rehak on 3/25/2020
939 Days since Hurricane Harvey and 188 since Imelda
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/05/Taylor-Gully-at-Peak-e1728600738227.jpg?fit=1100%2C327&ssl=13271100adminadmin2020-03-24 20:14:102020-03-24 20:14:18Corona Virus Lockdown Expansion Will Not Affect Flood Mitigation
The rain earlier this week continues to filter into Lake Conroe and raise the lake level. As of today at 3 p.m. today, the level reached 200.35 msl (mean feet above sea level).
Lake Conroe level as of 3pm on 3/24/2020
That means the lake level now exceeds the average for April – and there’s still a week left in March. With additional rain or inflow, the lake could soon reach its highest point in an average year.
Monthly variation in average levels of Lake Conroe dating back to 1973 when the dam was built.
The highest monthly average happens in May when the lake reaches 200.44 feet. That means the lake is now 0.09 feet (1.08 inches) from its average annual peak in May.
That also means that the SJRA will begin releasing water on April 1 as part of its seasonal lowering plan to reduce flood risk to downstream communities.
Posted by Bob Rehak on 3/24/2020
938 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/03/Screen-Shot-2020-03-24-at-3.06.55-PM.png?fit=400%2C228&ssl=1228400adminadmin2020-03-24 15:35:362020-03-24 15:44:06Lake Conroe Level Now Exceeds Average for April a Week Early
Montgomery County commissioners will vote Tuesday whether to sue a new sand mine on the west side of the San Jacinto West Fork. The mine is in a Conroe development called Carriage Hills.
Page 1 of the document above says that, “… it appears that MBM Sand Company, LLC and Carl Hudspeth, individually and doing business as Skilled International, LLC have violated, is violating, or is threatening to violate Subchapter I of Chapter 16 of the Tex. Water Code, or one or more rules adopted by Montgomery County under said subchapter and has failed and refused to cease and desist as demanded by the Montgomery County Engineer and/or the Montgomery County Attorney.”
The county seeks both injunctive relief to remove illegal improvements and restore preexisting conditions. The county also seeks monetary fines totaling $100 for each act of violation and each day of violation.
The complaint, however, does not enumerate specific alleged violations.
Depending on alleged violations, the outcome of this could set a precedent for other sand mines operating on the West Fork.
Homeowners Have Additional Complaints
The mine also faces problems from local homeowners.
The mine is operating adjacent to a once-quiet neighborhood called Carriage Hills in Conroe. It is sending heavy trucks weighed down with sand up and down Carriage Hills Boulevard. Residents say the noise exceeds 85 decibels, the trucks have torn up roads, and they fear for their children’s safety.
The trucks, as many as 12 at a time, begin idling outside the plant gate at 6:30 a.m. and run up and down Carriage Hills Boulevard hundreds of times a day – by one count 600 times.
They believe 600 dump trucks a day at intervals of 2 minutes or less, starting at 6:30 a.m. “substantially interferes” with their ability to enjoy their land and that it causes “unreasonable discomfort or annoyance.”
The operation will not end anytime soon without a restraining order. The company is just now removing the overburden, trying to get to frack sand.
Only Restraining Order Will Stop Operation Now
Homeowners believe the operation will likely devalue their properties.
They also worry about the safety risk to children given the high volume of industrial vehicles with tons of payload traveling at speeds that make them unable to stop to stop quickly on residential streets.
Some of the residents plan to present the petition to commissioners tomorrow.
Posted by Bob Rehak on 3/23/2020
938 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/03/Two-Trucks.jpg?fit=1200%2C677&ssl=16771200adminadmin2020-03-23 21:10:532020-05-25 05:34:12MoCo Will Vote Tomorrow on Whether to Sue New Sand Mine in Carriage Hills
The tribe fought for more than 160 years to get legal protection for the Whanganui River. In 2017, New Zealand granted legal personhood to the Whanganui River. Since then, other nations have followed suit in an effort to protect the environment.
The author’s article, Kate Evans, says, “Environmental personhood has been studied as a way of protecting nature since at least the 1970s. In his book Should Trees Have Standing?, American law professor Christopher D. Stone argued that environmental interests should be recognised apart from human ones. His work influenced Maori academics James Morris and Jacinta Ruru, who wrote Giving Voice to Rivers, making a case for why waterways in New Zealand should be seen as legal people.”
India Grants then Revokes Legal Personhood Status
Evans says that following the decision in 2017, the Ganges and Yamuna rivers in India and all rivers in Bangladesh also received legal rights – although, in India, the decision was later revoked.
Evidently, personhood status can backfire in some places. If the river is a person, and the river floods someone, the river can then be held liable. That’s the downside. But on the plus side, the river can sue polluters.
Protecting Essential, but Voiceless Elements in Nature
The latest edition of Stone’s book continues to serve as the definitive statement as to why trees, oceans, animals, and the environment as a whole should be bestowed with legal rights. The argument: to help protect the voiceless elements in nature for future generations.
Think enough people in Texas would support legal personhood for the San Jacinto River? It’s not unheard of in the U.S.
In Ohio, Lake Erie, which supplies much of the state’s drinking water, was given limited legal rights a few years ago.
The San Jacinto supplies much of our drinking water.
Posted by Bob Rehak on 3/23/2020
937 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/03/Screen-Shot-2020-03-23-at-2.34.14-PM.png?fit=1194%2C668&ssl=16681194adminadmin2020-03-23 15:10:552020-03-23 16:08:43New Zealand Gives River Status of “Legal Personhood”