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Legal Aspect of Lake Lowering That Lake Conroe Association Won’t Tell Officials About

To avert another seasonal lowering of Lake Conroe, the Lake Conroe Association is appealing to State Representatives, State Senators, the Governor, the Conroe City Council, and Montgomery County Commissioners. They focus on the temporary loss of recreation in some parts of the lake. They also say that “damages” home values and businesses.

Finally, they’re telling officials there’s no proof that lowering the lake helps prevent downstream flooding and that it wastes $10 million of water.

They are NOT telling officials, however, that ending the program before other mitigation measures are in place could potentially open up the SJRA and State of Texas to billions of dollars in law suits.

Fifth Amendment “Takings Clause”

The issue has to do with the Fifth Amendment of the U.S. Constitution. It says that private property shall not be taken for public use, without just compensation. This so-called takings clause forms the basis for many of the lawsuits against the SJRA stemming from Harvey flooding. Those have not yet gone to trial. But lawsuits in a parallel case have.

In December, a federal judge ruled in favor of plaintiffs flooded behind the Addicks and Barker reservoirs. He found the Army Corps liable for damages.

He said the flooding of homes was a foreseeable result of government actions.

Rulings in Addicks/Barker Cases

“U.S. Judge Charles F. Lettow detailed how government officials knowingly and intentionally used private property to store rising floodwaters,” said a Houston Chronicle article about the decision. The key point in the case, according to the judge: The government knew for decades that the reservoirs could NOT contain the floodwaters in a deluge and did NOTHING over decades to prevent it. “Plaintiffs have sufficiently demonstrated that the inundation of floodwaters onto their private property was the ‘direct, natural, or probable result’ of the government’s activity,” he wrote.

How Addicks Case Applies to SJRA Lake Lowering Policy

Hold that thought. Now apply those principles to the SJRA today. It faces a decision between the temporary seasonal lowering of Lake Conroe or NOT lowering the lake. Not lowering the lake would placate recreational boaters and lakefront property owners like LCA president Mike Bleier (who did not flood during Harvey).

The lowering provides a buffer against flooding for BOTH Lake Conroe and downstream communities on the West Fork of the San Jacinto. They include Woodloch, Porter, Humble, Atascocita and Kingwood. During Harvey, approximately 300 structures flooded on Lake Conroe, 1100 between Lake Conroe and US59, 3652 in Kingwood along the West Fork, 366 in Atascocita, and 466 in Humble.

That’s almost 6000 structures on the West Fork. One structure might include a whole apartment complex housing hundreds of families, a shopping center employing hundreds, a high school with 4000 students, a hotel providing housing to flood victims or a hospital treating them.

None of these numbers includes damages to East Fork property, which Lake Conroe releases do not affect

Now let’s assume that the SJRA eliminates the seasonal lowering policy which it has publicly stated prevented flooding twice so far.

Let’s also assume that a big storm comes along that dumps 10-12 inches of rain on Lake Conroe and that because that buffer no longer exists, people flood again.

Parallels

Lake Conroe and downstream residents now have a ready-made, almost watertight case against the SJRA and its financial backer, the State of Texas. All the essential elements from the Barker/Addicks decision are there.

Government knew that downstream flooding was likely.
SJRA had a proven strategy at its disposal to reduce flooding.
SJRA chose not to use the strategy, which the governor endorsed.
Governor had made flood mitigation a top priority for SJRA.
SJRA chose instead to increase recreational possibilities on public property (Lake Conroe).
Private property then flooded as a foreseeable result.

It seems like a pretty close parallel to me. Perhaps it’s even more of a textbook case. Especially considering recent directives by the governor for the SJRA to focus on flood mitigation and his public endorsement of the lake lowering strategy.

Mandates in SJRA Enabling Legislation

The state created the SJRA to “conserve, control, and utilize to beneficial service the storm and flood waters of the rivers and streams of the State.” Section 2 of the enabling legislation mentions floodwaters three times. It doesn’t mention recreational boating or lakefront home values once.

In addition, the enabling legislation also says that the purpose of the SJRA is to:

Prevent the devastation of land from recurrent overflows.
Protect life and property.
Regulate the waters of the San Jacinto River and its tributaries.
Conserve “soils against destructive erosion … thereby preventing the increased flood menace incident thereto.”

If the SJRA floods people again when it might have been avoided, this sounds more and more like a slam-dunk case for plaintiffs.

Officials Should Get the Facts

Before Montgomery County Commissioners, the Conroe City Council, Representative Will Metcalf and Senator Robert Nichols fire off more letters telling the SJRA what to do based on Mike Bleier’s misinformation, one hopes they would at least ask for a briefing from the SJRA to get the whole picture.

That includes understanding how the seasonal lowering strategy helps. It is designed more for “less than 100-year” rain events, than it is for another Harvey. Another Harvey would fill up that 1-2 foot buffer quickly and repeatedly. The value of the strategy lies in offsetting storms that we experience far more frequently, but which could still flood people, such as those last May.

For Those Who Have Never Personally Flooded

Before closing, I’d like to publish several images that West Fork residents Rhonda Haney and Alexis Faust sent me. The images show their Harvey experiences. Thank God, most Lake Conroe residents didn’t have to suffer through what Rhonda and Alexis did. Most Lake Conroe residents may not know the financial and emotional devastation of flooding. I wouldn’t wish that on anyone.

Posted By Bob Rehak on 1/13/2019 with thanks to Alexis Faust and Rhonda Haney for sharing their photos

867 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.

Perry Homes’ Contractors Return to Woodridge Village, But Undo Some Previous Work, Add to Sediment-Laden Runoff

After pulling all construction equipment from the Woodridge Village site in December, Perry Homes’ contractors returned this week. They are still working on the S2 (second southern) detention pond. But the new work appears to undo some previous work, and make sediment-laden runoff worse.

Woodridge Still Far Short of Promised Detention Capacity

After about 15 months of working on the Woodridge Village site, Perry Homes still has only 23% of the detention capacity installed. And even that does not yet meet Montgomery County regulations (see below). None of the work this week focused on new detention ponds that would reduce flood risk for Elm Grove residents.

Perry Homes had promised to build three ponds on the northern section. But they have not started any of those yet.

And Far Behind Schedule

On October 17th last year, an attorney for Perry Homes, J. Carey Gray, promised the Houston City attorney that Perry would have S2 completed in no more than 45 days. It has now been 86 days since Mr. Gray sent his letter and the work is still far from complete. I’m sure this creates an embarrassment to the Mayor of Houston, especially considering that Perry Homes gave $5000 to his re-election campaign. It creates the appearance of trying to buy favors.

Still Does Not Comply With MoCo Regulations

I previously detailed seven Montgomery County regulations that Perry Homes’ detention ponds did not meet. Perry Homes did not:

Put 30-foot wide maintenance roads around the ponds.
Place backslope interceptor swales around the ponds.
Have effective erosion control measures in place.
Implement protective measures for their overflow spillway.
Prevent increases in downstream flood levels.
Prepare a geotechnical report (that they shared with Montgomery County) showing groundwater levels at detention pond sites.
Ensure complete drainage of the detention pond.

Detention Pond Falls Short of Promised Capacity

Calculations for the capacity of the detention ponds begin from the bottom of the pond – when empty. When partially filled with water, the calculation begins from the top of the water. The bottom 2-3 feet of S2 has retained water for months, indicating that part of the pond is below the water table. So you can subtract about 20% of capacity that LJA Engineering promised and that Rebel Contractors initially built.

Adding Maintenance Road, Subtracting Backslope Swales

The flurry of work this week centered around creating the maintenance road that regulations demand. Or perhaps Perry is just building up the lip of S2 to compensate for the water it holds. Both are potentially good things.

However, workers also started filling the backslope interceptor swales they previously built. This created a sharp slope next to neighboring residents’ property and increased runoff toward the residents during last night’s rain.

*Contractors placing dirt along the southern edge of the S1 pond to build a road* *earlier in the week.*

*Elm Grove Trail on left. Woodridge Village on right of silt fence. Note how land is being sloped toward Elm Grove.*

An interceptor swale collects water above slopes and diverts it to the bottom of a detention pond through pipes so runoff does not create erosion on the slopes that lead to the pond.

Perry Homes has given no reason why they started filling in the swale they previously built that complied with MoCo regulations.

*Looking west from Village Springs Drive. In the foreground, you can see how workers built a road and filled in the interceptor swale between it and Elm Grove on the left.*

*Still looking west. From this drain pipe, you can better see the grassy swale previously created to drain water into the detention pond (right) and to keep it out of Elm Grove (left).*

*Reverse shot, looking east. Here you can see how workers filled in the swale and created a road three to four feet high*. Residents worry about the effect.

Looking east near the entrance to Taylor Gully from the road, the change in drainage toward Elm Grove (right) becomes very apparent. Picture taken Friday afternoon before rain. Road was uncompacted except for the weight of the small bulldozer spreading dirt (see first picture above).

Same Changes Between S1 and Sherwood Trails

The same changes appear along the southern edge of S1, north of Sherwood Trails, though the road does not appear as high and there also appears to be a shallow swale.

*Looking west along the southern edge of Woodridge Village S1 detention pond, toward Woodland Hills from Fair Grove.*

No Effective Erosion Control Yet

Perry Homes has also failed to put effective erosion control measures in place in Woodridge Village. For instance, most pond banks do not yet have grass planted on them.

The new road covered up what little grass had grown around the ponds. And raw dirt now fills the former interceptor swale.

A one-inch rain last night swept sediment into the pond, which emptied into Taylor Gully and Caney Creek before joining the East Fork of the San Jacinto.

Massive Pollution

Boater Josh Alberson took the dramatic picture below this afternoon where Caney Creek joins the East Fork. The East Fork water looks natural, but the water coming from Caney Creek via Taylor Gully is clouded with sediment. Woodridge Village is the only large source of exposed earth up Taylor Gully at this time. (Alberson verified that this sediment-laden runoff was NOT coming from the Triple PG mine up White Oak Creek.)

*Water from Taylor Gully (right) merging with East Fork water (left) on Saturday afternoon, 1/11/2020, after a 1-inch rain last night.*

Posted by Bob Rehak with images from Josh Alberson, Edythe Cogdill and Nancy Vera

865 Days since Hurricane Harvey and 114 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.

MoCo Commissioners to Consider Resolution Opposing Lowering of Lake Conroe; Interferes with Recreation

Tuesday, January 14, Montgomery County Commissioners will consider a resolution to OPPOSE the continued seasonal lowering of Lake Conroe. The lowering provides a buffer against flooding for people on Lake Conroe, Lake Houston and communities between them during the rainiest period in the spring and the peak of hurricane season. It was designed primarily to help flood victims downstream of Lake Conroe until flood mitigation measures could be put in place.

But the lowering also represents an inconvenience for boaters on Lake Conroe. Further, they claim it potentially harms their home values. See the text of Precinct One Commissioner Mike Meador’s resolution below.

“Interferes with the Recreational Use of the Lake”

*Text of Resolution to be considered by MoCo Commissioners on Tuesday, January 14.*

What Interference is Really Like

Lake Conroe homeowners who claim their property values have been damaged by lowering the lake a foot or two should see what flood damage is really like.

*A little fixer upper on the West Fork in Forest Cove. What an extra 80,000 cubic feet per second going through your living room will do.*

Kingwood Village Estates, a senior complex, had to be evacuated. Twelve people later died – six from injuries sustained during the evacuation and six from the stress of losing their homes and everything they own. Residents ranged in age from 65-95.

*This home was more than two miles from the West Fork and had to be gutted to the ceiling.*

*Six of nine buildings at Kingwood College were destroyed. Thousands of students had to be relocated for more than a year while the buildings were disinfected from sewage contamination.*

*Sand Creek home more than 2 miles from the San Jacinto West Fork during Harvey after Lake Conroe Release.*

*Evac photo along Hamblen Road the morning after the Lake Conroe release.*

*Union Pacific Railroad Bridge over West Fork knocked out for months.*

US59 southbound lanes were undercut by scouring, partially the result of the Lake Conroe release. TxDoT spent $20 million and 11 months repairing them. During that entire time, the average commute increased an hour each day for people trying to cross the river in rush hour.

*To play video, click here.* 110 homes out of 250 in Kings Forest flooded. This video shows the trash piles days after Harvey. All of these homes were more than two miles from the West Fork. Thousands of other homes between these and the river had their recreational value destroyed.

*River Grove Park was covered with more than 4 feet of sand. Most it closed for almost a year. Parts of it are still unusable including the boat dock, which is the only public ramp in Kingwood.*

And then, consider Kingwood High School which flooded to the second floor. Four thousand students had to be bused to another high school an hour away for seven months. Students from the two schools shared the same building but in different shifts.

*Kingwood High School after the Lake Conroe release.*

How You Can Help

Send me your best Harvey pics. Use the Submissions page of this web site. Understand that you give ReduceFlooding.com the right to publish your images. Let’s show Commissioner Meador how the Lake Conroe release interfered with recreation in our community.

Posted by Bob Rehak on 1/10/2020, with grateful thanks for the contributions from dozens of residents too numerous to mention

864 Days since Hurricane Harvey

West Fork Mouth Bar Dredging Set to Start As TWDB Considers Grant to Extend Program

On December 30, 2019, the City of Houston issued a Notice To Proceed (NTP) for debris removal services. Specifically, that means the large silt deposit at the confluence of the West Fork of the San Jacinto River and Lake Houston. The area is commonly known as the “mouth bar.” See below.

*Mouth Bar of the San Jacinto West Fork looking upstream. Picture from 12/3/2019.*

Mechanical, Not Hydraulic Dredging

The City hired DRC Emergency Services, LLC (DRC) under an existing contract to begin mechanical dredging of the mouth bar “this week,” according to Houston Mayor Pro Tem Dave Martin.

Mechanical dredging differs from hydraulic dredging. With hydraulic dredging, contractors continuously pump sediment from the river to a placement area onshore via long pipelines. With mechanical dredging, they scoop it out of the river and dump it on barges. Then they ferry the barges to the placement area where trucks transport the sediment to its final location.

Hydraulic dredging takes less time once started, but the prep can take months. Mechanical dredging takes longer, but can start immediately.

The City will begin the hydraulic dredging with $6 million of FEMA money left over from Hurricane Harvey debris removal funds. The Texas Division of Emergency Management and Governor Greg Abbott allocated that money specifically for Lake Houston and approved the remaining funds for mouth-bar dredging.

Two-Phase Grant

Next week, another $30 million should become available to extend the program. SB500 earmarked that money for dredging of the San Jacinto East and West Fork Mouth Bars. The Texas Water Development Board (TWDB) will consider Harris County’s grant application. Approval is expected.

The grant application proposes removing sediment in two distinct phases:

Near and at the mouth bar on the West Fork of the San Jacinto River
In the East Fork of the San Jacinto River AND other locations in Lake Houston.

*Mouth Bar on East Fork San Jacinto grew 4,000 feet since Harvey.*

Phase-One Funding and Objectives

To complete Phase 1, Harris County proposed taking $10 million of the $30 million to provide a total $16 million for DRC dredging operations.

Phase 1 should remove a minimum of 400,000 cubic yards (CY) of material in eight to twelve months. The Army Corps of Engineers previously removed 500,000 cubic yards from the West Fork Mouth Bar for $17 million in about three months.

During Phase 1, the County will begin some activities for Phase 2. They include:

Hydrographic surveys of the West and East Forks, and Lake Houston
Development of plans and specifications
Identification and permitting of additional disposal sites
Competitive bidding

Since the TWDB grant money can only be used for dredging, Harris County will pay for the activities above out of the 2018 HCFCD Bond Program. The fund allocated $10 million for dredging in Lake Houston.

Phase-2 Funding and Objectives

The remaining $20 million from the $30 million TWDB grant will go toward Phase 2 dredging.

During Phase 2, Harris County, City of Houston (COH), HCFCD, SJRA, and Coastal Water Authority (CWA) will develop and execute a plan for the COH or CWA to assume all long-term dredging operations on Lake Houston.

The County does not intend to assume long-term responsibility for maintenance dredging of a City property, i.e., Lake Houston.

TWDB Meets Next Week to Approve Grant

The Texas Water Development Board (TWDB) will meet on Thursday, January 16, 2020, to approve the $30 million grant. “We are in the final stages of agency approval to continue dredging the lake and river,” said State Representative Dan Huberty. His amendment to SB500 last year dedicated the money for dredging this area. “By approving this amount, the legislature as a whole made a clear and concise statement that Lake Houston and the San Jacinto River are vital resources for the entire region and must be maintained.”

SB500 was a supplemental appropriations bill. The grant itself will technically come from the new Texas Infrastructure Resiliency Fund, created last year by SB7. Senator Brandon Creighton authored SB7.

Harris County Engineer John Blount submitted the grant application to TWDB in late December after receiving approval from County Commissioner’s Court.

“Due to the urgency of this issue, multiple entities worked together to craft a plan that could be executed immediately, allowing the first phase to begin as soon as possible,” said Huberty.

Kudos Go To…

“I would like to thank everyone who has worked to create the final grant program under the supplemental funds we received from the Legislature,” said Huberty. “It would have not been possible without Governor Greg Abbott, Lieutenant Governor Dan Patrick, Speaker Dennis Bonnen, former Appropriations Chairman John Zerwas, Senate Finance Chairwoman Jane Nelson, State Senator Brandon Creighton, Chief Nim Kidd, Mayor Sylvester Turner, Chief Recovery Officer Stephen Costello, Harris County Commissioner’s Court, Harris County Engineer John Blount, Harris County Flood Control District Executive Director Russell Poppe, Harris County Flood Control District Deputy Director Matt Zeve, Houston Mayor Pro Tem Dave Martin and many more.”

To View TWDB Board Meeting Live

Tune in to the live TWDB Board Meeting next Thursday, January 16, 2020 at 9:30 AM by visiting: http://texasadmin.com/tx/twdb/.

Posted by Bob Rehak on 1/8/2019

863 Days since Hurricane Harvey and 111 since Imelda

Growth of Impervious Cover Across Political Boundaries, Watersheds Complicates Flooding

In December, the New York Times published a story about a company called Descartes Labs, which had trained computers to scan satellite images to detect changes in impervious cover. Descartes found that Texas had 9 of the top 20 counties in the US when ranked by the growth of impervious cover. So I contacted them to learn more.

A Better Understanding of the Planet

Descartes positions itself as a data refinery for satellite imagery. They process images from the major NASA and ESA satellite constellations at scale, creating a digital data twin of the entire planet that monitors the whole earth, in near real-time. Their mission: to better understand the planet.

The red dots in the map below show land that is newly covered in concrete or rooftops. It is a form of “heat map” that shows the hottest areas for growth. Studying this map, we can learn several things:

Stories about the demise of suburbs and exurbs after the real estate crash in 2008 proved short-lived. From the numerous rings around major metropolitan centers, you can see that growth outside of major metropolitan areas continues.
Texas appears to have the greatest increase in density of any state.
Far more growth happened in the East than the West.

*Growth of impervious cover in continental US from 2008 to 2018. Copyright ©2020 Descartes Labs. Used with permission.*

A Closer Look at Texas

This next map, also courtesy of Descartes, zooms in on Texas and surrounding states. The yellow dots simply correspond to the names of metropolitan centers.

Growth around Houston seems fairly uniform, though my eye does detect slightly more weight to the north, west and south than the east. This will likely change in the next decade with the extension of the Grand Parkway toward the east.

*Growth of impervious cover in Texas and surrounding states from 2008 to 2018. ©2020 Descartes Labs.* *Used with permission.*

Factors Contributing to Flooding

Several factors contribute to Houston’s reputation for flooding:

Rapid population growth and corresponding growth of impervious cover, as Descarte showed. The impervious cover causes floodwaters to concentrate/accumulate faster.
Loss of wetlands And flood plain storage
Flat, poorly drained landscape
Gulf moisture that regularly brings hurricanes, tropical storms and torrential rains
Fierce dedication to individual freedom, property rights, and local authority (Hey, this IS TEXAS after all.)
Political fragmentation
Widely varying flood control regulations
Upstream development that overwhelms the capacity of downstream drainage channels

In the last century, Houston has exploded from a sleepy city of less than 200,000 to a 9-county metropolitan statistical area with a population of about 7 million covering more than 9 thousand square miles.

*Nine counties comprise the Houston metropolitan statistical area, home to 7 million people. Source: Greater Houston Partnership.*

Now, superimpose watersheds over those counties and you can see how difficult the flood control situation becomes.

*Watersheds of the Houston MSA. The Upper San Jacinto River Basin (above Lake Houston) contains 13 major watersheds. But, there are many smaller watersheds within each larger one.* *Source: San Jacinto River Authority.*

Solutions Will Require Cooperation

Rivers and streams cross political boundaries throughout this region. So solutions to flooding problems are, by definition, regional. Yet development regulations and guidelines are anything but.

Most regulations pay lip service to “no adverse impact” on downstream neighbors. But in many areas, the regulations may be based on ancient maps and antiquated data. Moreover, they may have little to no oversight or enforcement.

Retain Your Rain

The region’s growth depends on its reputation for quality of life. If we are to continue growing, we must work together to solve flooding problems.

If every developer did one simple thing, we could eliminate most of our flooding problems. Just be responsible for the rain that falls on your property. Detain it long enough to avoid adding to flood peaks.

It’s that simple and that difficult. Especially considering that Texans don’t like having other people tell them what to do.

Posted by Bob Rehak, with thanks to Descartes Labs

863 Days since Hurricane Harvey and 112 since Imelda

Lake Conroe Association Misleads Area’s Own State Representative and Senator

The problem with incendiary lies: once you start them, they’re hard to stop. In its initial meetings with area residents, the Lake Conroe Association (LCA) told people that West Fork dredging was done. Therefore, said the LCA, the SJRA should stop the temporary seasonal lowering of Lake Conroe.

Lie Takes on Life of Its Own

People believed the lie. They started putting up web sites and YouTube videos to spread the word. Soon, the lie took on a life of its own. And it became impossible for the LCA to stamp it out – even if they were so inclined, which they aren’t.

Residents started writing their state reps. And soon Will Metcalf who represents the Lake Conroe Area took up the cry. See the letter below dated Jan. 6.

A week before Representative Metcalf sent this letter to the SJRA Board, the City of Houston pulled the trigger on the next phase of West Fork dredging. It will start this week, says the City. Now, Metcalf doesn’t just have egg on his face; he has a whole omelette. Made from stale eggs and rancid ham.

State Senator Robert Nichols wound up with the same omelette on his face.

Whole Series of Lies, Half-Lies and Logical Fallacies Spread by LCA

The LCA fueled this whole sad, sorry food fight that embarrassed their own representatives with an entire a SERIES of lies, half-lies and logical fallacies that it fed to unknowing people.

For instance, in addition to “the dredging is done”, I see and hear these comments constantly:

Because the East Fork flooded during Imelda and Lake Conroe didn’t release water, that proves we don’t need to keep lowering Lake Conroe.
The Lake Conroe release during Harvey comprised only 5% of the water going through Lake Houston.
All of Kingwood was built in a flood plain. Kingwood people should just move to higher ground.
Kingwood’s flooding problems come from upstream developers.
No scientific study supports the lowering policy.
Lake Houston wants to make the lowering of Lake Conroe permanent.
They should lower Lake Houston.

For the Record…

To set the record straight:

West Fork dredging is NOT done. Just the portion FEMA paid for.
The East Fork and West Fork are in different watersheds. Imelda affected the East Fork, but not the West. Plum Grove got 33 inches of rain while Lake Conroe got two.
The Lake Conroe release during Harvey comprised ONE THIRD of the water coming down the West Fork where approximately 80-90% of all the damage occurred in the Humble/Kingwood area.
All of Kingwood was not built in a flood plain. For instance, 110 out of 250 of my neighbors in Kings Forest were not in a flood plain yet still flooded. We live more than TWO MILES from the river.
Some of Kingwood’s flooding problems come from upstream developers. But that’s a separate issue; they have nothing to do with West Fork flooding due to Lake Conroe releases.
The SJRA did commission an engineering study that supported lowering Lake Conroe.
Lake Houston IS and HAS BEEN lowered…longer than Lake Conroe.
No responsible/knowledgeable person that I know in the Lake Houston area is talking about making the lowering of Lake Conroe permanent.

To correct some of these misperceptions, I met the president of the LCA last year for a whole day. More recently, I spent an hour on the phone with him. I thought I had corrected these misperceptions. But they keep recurring. This is NO accident; this is intentional.

Posted by Bob Rehak on 1/8/2020

862 Days after Hurricane Harvey and 111 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.

HCFCD Lower Ben’s Branch Clean-out Project Nears Final Stretch

The project to remove approximately 76,285 cubic yards of sediment from the lower reaches of Ben’s Branch in Kingwood is nearing its goal.

High-Priority Ben’s Branch Project Began Last August

This was a high priority project for Harris County Flood Control District (HCFCD) not just because of the sedimentation, but because of the destruction it helped cause during Hurricane Harvey.

12 seniors from Kingwood Village Estates died either as a result injuries sustained during evacuation, or the stress of losing everything they owned.
Every home in the Enclave flooded: 283 out of 283.
All homes in Kingwood Greens flooded: 225 out of 225.
More than half the homes in Fosters Mill flooded: 346 out of 549.
The Kingwood Country Club flooded.
The Deerwood Club flooded.
100% of the businesses in Kingwood Town Center flooded.
100% of the businesses in Kings Harbor flooded.
Kingwood High School flooded to the second floor.
Kingwood’s library flooded.

*Scope of project starts at red line on Kingwood Drive and curls south to the YMCA, where oval intersects West Lake Houston Parkway and blue line.*
*Construction crews today were working on both sides of the West Lake Houston Parkway Bridge just above the Y.*

The Ben’s Branch cleanup began last August, but suffered a setback during Tropical Storm Imelda. Much of the sediment that had been piled on the sides of the channel washed back into it during the storm.

Crews Making Up for Lost Time Since Imelda

Since then, however, Flood Control crews have been making up for lost time. Construction weather has been almost ideal. I took all the photos below on the afternoon of 1/7/2020.

*Contractor pulls sediment from Ben’s Branch under the West Lake Houston Parkway Bridge.*

*Just west of the WLHP Bridge, adjacent to Kingwood Greens in the background, another excavator was pulling sediment from Ben’s Branch and pushing it closer to shore…*

*…where yet another excavator was loading dump trucks. Contractors will remove an estimated 7,000 loads from the stream.*

*On the East side of the WLHP bridge, two more excavators tag-teamed more sediment. While one worked the shoreline…*

*Another broke up clumps of sediment and pulled it from the stream.*

*The current downstream extent of work is just north of the YMCA. That bend in Ben’s Branch behind the excavator is the final bend in the project.*

For More Information

HCFCD expected the Ben’s Branch project to take 9 months. That would put completion in April. At the current rate, the contractor should make that date and perhaps beat it.

For more information about the project, consult the Kingwood pages of the HCFCD website. The project ID is # G103-33-00-X004 – Bens Branch Conveyance Restoration.

All Kingwood residents will breath easier when HCFCD finishes Ben’s Branch.

Posted by Bob Rehak on 1/7/2020

861 Days since Hurricane Harvey and 110 since Imelda

Overflow Spillways: Simple Idea to Help Keep Street Flooding Out of Homes

Overflow spillways in could have prevented many homes from flooding in May and again in September. Rain came down so fast in some neighborhoods that it couldn’t get through storm drains and into drainage ditches fast enough. Water backed up and flooded homes. I’m not talking about flooding like Elm Grove experienced from an external source. I’m talking about situations like we had in Mills Branch where approximately 25 homes flooded. They flooded, says the resident, when water backed up in the street, not because Taylor Gully overflowed.

Now Required in New Neighborhoods

Over the weekend, I corresponded with a Mills Branch resident who has anguished over what to do for months. In some cases, but not all, there may be a simple, relatively low-cost answer for the whole neighborhood. Overflow spillways. And Mills Branch might be a perfect candidate.

Matt Zeve, Deputy Executive Director of Harris County Flood Control, pointed out that regulations in newer neighborhoods now require, where applicable, overflow spillways.

How Overflow Spillways Work

These work for neighborhoods adjacent to drainage ditches, streams or bayous. The channel is built at an elevation that retains water in the street during heavy storms, but lets it flow out before it reaches the level of homes. Obviously, the street must slope toward the spillway. This wouldn’t work for homes in the middle of a block that formed a natural bowl. But assuming conditions are right…

Can Be Retrofitted to Older Neighborhoods

I asked Zeve if the Flood Control District could retrofit this concept to older neighborhoods. The answer: YES, if there’s a home between the neighborhood and the ditch that can be bought out to create space for the spillway AND if that home has flooded repeatedly.

Here are some pictures of the overflow relief spillways in place. The first goes into a retention pond.

The second goes into some woods that apparently contain a natural drainage channel.

Zeve says the Flood Control District has been buying homes and converting them to overflow spillways in key areas around the County. These homes are in the lowest points and have flooded repeatedly.

Posted by Bob Rehak 1/6/2020, with thanks to Harris County Flood Control

860 Days since Hurricane Harvey and 109 since Imelda

Double Oak Construction Causes Yet Another Delay in Elm Grove Lawsuits

After stonewalling discovery in the Elm Grove lawsuits, on December 27th, defendant Double Oak Construction objected to use of the documents in court that the judge forced it to produce. I don’t know what’s in those documents, but I plan to camp out at the courthouse when this case goes to trial. The documents must be juicier than Juicyfruit gum.

*Double Oak appears to be a Perry Homes’ contractor working primarily on the northern portion of the Woodridge Village site, where downed trees are now being turned into mulch.*

Summary of Objections

After producing documents, Double Oak now objects to their use in court.

The plaintiffs filed notice that they intended to use, in court, all documents and items produced by Double Oak during discovery.

Double Oak claims that this notice is insufficient and contradicts the Texas Rules of Civil Procedure.

The Plaintiff’s Notice leaves them, they say, without knowledge of the specific documents plaintiffs intend to use. That, claims Double Oak, handicaps the company in its ability to defend itself. It must prepare to object to every single document, they say.

But the objections don’t stop there. Double Oak reserves its right to make further objections when the company becomes aware of specific documents being used by the plaintiffs.

And if that isn’t enough, Double Oak reserves the right to object to all documents on all grounds, including documents produced by third parties.

Here is the full text of Double Oak’s objections.

No End in Sight to Delays

Sadly, there’s no end in sight to these procedural delays in court. They parallel the construction delays on the actual job site.

Perry Homes broke its promise to the Houston City Attorney to accelerate construction of additional detention ponds. Perry pulled all actual excavation equipment from the job site in December. Only Double Oak crews turning dead trees into mulch remain.

Meanwhile, the flood risk remains high for the people of Elm Grove. Based on detention capacity in place today, that risk is no lower now than it was in August before Imelda. That’s when work on the site came to a virtual standstill.

Playing the delay game is a high risk strategy for companies already facing obscenely high risk due to previous delays.

Posted by Bob Rehak on 1/5/2020

859 Days after Hurricane Harvey and 108 after 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.

Billboard on FM105 Implies Lake Conroe Is Threatened and Near Death

Lake Conroe is being drained, says the billboard. The lake is threatened. It MUST be saved. Homes are being destroyed. Armageddon is at hand.

Lake Down About a Foot, No Releases in 3 Months

Well, the Lake IS down a foot compared to its average January level thanks to evaporation and a dry Fall.

But the SJRA stopped releasing water more than 3 months ago.

So what’s all this “Stop Draining the Lake” stuff about?

When You Don’t Have Facts on Your Side, Rile Their Bile

The Lake Conroe Association is trying to rile people up to protest the seasonal lowering of Lake Conroe. That seasonal-lowering strategy, developed at Governor Abbott’s request, helped provide an extra measure of protection against downstream flooding by lowering the lake one foot in the Spring and two during the peak of hurricane season. It helped prevent West Fork flooding last May.

But it evidently has also triggered the demise of Western Civilization and recreational boating on Lake Conroe. People can no longer boat to their favorite float-in restaurants to clog their arteries with fried shrimp and shatter their neighbor’s eardrums with the shrill screams of outboard engines.

According to the Lake Conroe Association, the economy of the county and lake are collapsing – except for the second fastest growth rate in the region, which they fail to mention.

World Leaders Rally to Boaters’ Side

In New York, the United Nations called a special session to raise awareness of the threat to Lake Conroe. In Rome, the Pope considered gathering Cardinals from around the world to debate the threat to bass fishing. In Hollywood, the Screen Actors Guild summoned Bruce Willis to star in a thriller about the next “Threat to Life on Earth as We Now Know It.”

“If they can drain Lake Conroe,” said Willis, “What’s next? Fort Knox? Your IRA? Your crankcase?”

In Washington DC, the EPA declared the seasonal lowering of Lake Conroe a larger threat than climate change, deforestation and baby wipes flushed down your toilet … put together.

“This is an existential threat to Budweiser and the American way of life,” intoned Larry the Cable Guy from a stand-up gig at Hooters on 105. “Why can’t we all live in peace? Two feet of water out of a 75-foot-deep lake is outrageous. Those Kingwood people whose homes and businesses were flooded just don’t recognize the sacrifice Lake Conroe bass fishermen are making.”

Showdown in Conroe on the 21st

Lake Conroe lakefront homeowners are reportedly renting a flotilla of tour buses to ferry them to the Montgomery County Convention Center at 6PM on January 21. There, insiders say, the Lake Conroe Association plans to pack the room and shout Kingwood people down, as they did at the last SJRA board meeting, to deny Kingwood residents a chance to tell their side of this story.

At press time, it is unclear what the Lake Houston response will be, if any.

Some community organizers were considering a rally of flooded cars around a “Days of Thunder and Lightning” theme. For a spokesperson, they were reportedly negotiating with Tom Cruise to play the role of Hurricane Harvey.

Personally, I would like to see the five to six thousand West Fork home and business owners who flooded submit pictures of their damage. Then maybe policy makers can consider real vs. imagined threats as they debate whether to extend the seasonal lake lowering policy another year.

Posted by Bob Rehak on 1/4/2020

858 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.