Subsidence around Conroe may be affected by lawsuit settlement

SJRA, Conroe Settle Lawsuit after Nine Years

8/15/25 – The San Jacinto River Authority and City of Conroe issued a joint press release about the settlement this morning of their nine-year legal battle over water rates. This press release just came in. I’ve added subheads to help highlight key points. Otherwise, the text between the lines is verbatim:


SJRA Directors Unanimously Approve

Conroe, Texas—Today the San Jacinto River Authority (SJRA) Board of Directors unanimously approved the execution of a Mutual Release and Settlement Agreement with the City of Conroe to end current litigation related to the SJRA Groundwater Reduction Plan (GRP). The City of Conroe considered and approved the Mutual Release and Settlement Agreement at a City Council meeting on Thursday.

End to Legal Squabbles is Mutually Beneficial

SJRA General Manager, Aubrey Spear, said “We appreciate the City of Conroe’s efforts in working with SJRA in reaching this settlement agreement. Putting this litigation behind us is best for all GRP participants and their rate payers. With Conroe’s payment and savings on legal fees, the wholesale water rates will go down. Ending the litigation also strengthens our partnership with Conroe to continue supplying water to its growing population.” 

Conroe City Administrator, Gary Scott, said “After months of negotiations, I am pleased with an outcome that is truly beneficial to both parties. Securing additional water is critical to Conroe’s economic growth and long-term vitality. We recognize and appreciate the efforts of the San Jacinto River Authority in working with us. This agreement represents a shared commitment to the betterment of us all. This is a historic decision that sets Conroe on the path to the future.”  

The agreement settles legal disputes between the parties dating back to 2016 when the City of Conroe disputed increases in wholesale water rates related to SJRA’s 2010 Groundwater Reduction Plan contract. 

Conroe Agrees to Pay Full Amount

In the settlement, the City of Conroe agrees to pay the full amount that it has short-paid SJRA since 2017 to the present that it has been holding in escrow. Conroe also agrees to begin paying the current rate for treated surface water from Lake Conroe and the groundwater pumpage fee going forward. 

SJRA Agrees to Provide More Surface Water and More

On the other hand, SJRA agrees to provide Conroe with additional surface water, reduce the term of Conroe’s GRP contract from 80 years to 40 years, forgive penalties and fees on past due amounts, and clarify in the contract that there is no obligation by the City of Conroe to participate in future GRP phases or expansion of the GRP water treatment plant.

Documents Not Yet Available 

Agreement documents are in the process of being fully executed.


 Reliance on Groundwater Has Contributed to Subsidence

This is good news for both parties. It will reduce the amount they spend on legal fees that rate- and taxpayers have funded.

However, the press release did not address how it will affect the amount of groundwater that Conroe pumps aside from saying that SJRA will provide Conroe with “additional surface water.”

Subsidence in southern Montgomery County including Conroe and the Woodlands is among the most severe in the region. SJRA’s Water Treatment Plant and the Groundwater Reduction Plan were at the heart of the lawsuit. Both were intended to reduce subsidence. And they did briefly when the plant first came online in 2015. Then the Lone Star Groundwater Conservation District (LSGCD) started pumping huge amounts of groundwater, claiming there was no connection between the loss of groundwater and subsidence.

LSGCD says on their Resources Page under the subsidence tab that, “…the rate at which [their] compaction occurs is 10 times (10x) slower than the rate at which compaction occurs in Harris County.”

Regardless, a huge area is still sinking 8 to 12 millimeters per year. And most of Montgomery County is sinking at least 6 according to this subsidence map recently published by the Harris-Galveston Subsidence District.

Subsidence Has Triggered Faults

The subsidence has triggered faults in the area. That in turn has damaged homes, streets and drainage infrastructure. I spent a whole day last week taking a fault tour of the Woodlands with area residents. Below are three of dozens of pictures I took at day.

Fault line under the foundation cracked this Woodland’s home’s slab and walls.
Front steps are now twice their original height because the front yard sank relative to the front door.
Faulting damage in parking lot of Woodland’s High School.

Millimeters may not sound like much. But 12 millimeters per year is half an inch per year. During the life of a 30-year mortgage, that’s 15 inches…plus a lot of home and street repairs, and a lot of foundation leveling.

Inland subsidence has also been linked to flooding. It can change the gradient of streams and rivers, so water moves more slowly and builds higher during floods.

And differential subsidence (between two areas) can reduce the height of structures above floodplains. For instance, the subsidence rate in Conroe is far higher than subsidence at the Lake Houston Dam. That means homes north of the dam have less freeboard (height above expected floods). Said another way, it’s like tilting Lake Houston toward the homes north of the dam.

SJRA has not yet responded to questions about how the settlement will affect Conroe’s groundwater pumping.

Posted by Bob Rehak on 8/15/25

2908 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.

Lake Meritage drained

Lake Meritage Drained into City Storm Sewer

4/7/25 – Last Saturday, 2.5 inches of rain turned the Meritage construction site in Atascocita into Lake Meritage. But by this morning, contractors were draining Lake Meritage into a City of Houston storm sewer.

Close examination of aerial photos shows a series of trenches cut under silt fences to let the water drain from the site quickly and bypass the usually slow filtration process that the fences provide.

Contractors had also cut a series of trenches within the site to move trapped stormwater toward the street. And an excavator was scooping muddy stormwater from the beginnings of a detention basin into yet another trench that led toward the exit rows.

Lake Meritage 24 Hours After Storm

Here’s what the site looked like 24 hours ago.

Meritage Phase II (right) on April 6, 2025 24 hours after 2.5 inch rain

Pictures and Videos Taken Another 24 Hours after Storm

Here’s the same area today.

Meritage Phase II (right) 24 hours after photo above.

Where did all the water go?

Interior channels brought the stormwater toward the street…
The excavator (center left) was scooping buckets of water out of the detention basin and dumping it into another channel that led toward the street.
and a series of shovel-wide trenches let water leak out from under the silt fence.

Much of the muck flowed through a roadside swale to a storm sewer inlet. See below.

10-Second Video by Michelle Chavez, who lives next to the Meritage construction site.

But not all of the muck stayed in the swale. The next ten-second video shows part of it running down the street. There was so much at one point that contractors had to partially block it off.

Another 10-second video showing stormwater entering street. Supplied by passing motorist.
Motorist tracks overflowing silty stormwater down street for another 18 seconds until it flows into City storm sewer inlet.

When I drove by about an hour after the last video was shot, the flow through the street had ended and someone had installed a screen over the inlet that’s clearly not on the video. The screen could make them appear compliant with their Stormwater Pollution Protection Plan.

Silt Fence Repairs Not a Priority

Unfortunately, the contractors did not drain the water invading neighbors’ yards. And repairing damaged silt fences that protected neighbors from the muck was not their highest priority.

Broken silt fence and runoff on neighboring properties as of noon 4/7/25.

To File a Complaint

Practices like those above are usually discouraged by the Harris County Engineer and the Texas Commission on Environmental Quality.

If you’re concerned about runoff that floods your property or potentially clogs your storm drains, please file a complaint.

Harris County Engineer

Phone: 713-274-3600 Monday Through Friday 8 AM to 5 PM

File a complaint online at: https://epermits.harriscountytx.gov/External_Complaints.aspx

Texas Commission on Environmental Quality (TCEQ)

For instructions to file a complaint, visit: https://www.tceq.texas.gov/compliance/complaints.

Posted by Bob Rehak on 4/7/2025

2778 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.

Meritage site floods neighbors after heavy rain

Meritage Flooding Atascocita Neighbors

4/6/2025 – After a little more than two inches of rain in a two hour period on 4/5/25, neighbors of the Meritage development in Atascocita bordering Pinehurst Trail Drive began noticing muddy runoff creeping toward their foundations.

Aerial photos taken today show that Meritage and its contractors have made some improvements to control runoff since previous storms. However, the attempts did not protect neighbors’ property during this storm, most likely because of poor execution and slow construction progress.

Failures Illustrate Need to Complete Drainage Work Faster

In Phase I, Meritage still has yet to install drainage and silt fence in areas it clearcut early in 2024.

In Phase II, dirt pushed silt fencing over in places. Muddy runoff invaded neighbors’ yards. Silty water also flooded Pinehurst Trail Drive.

These failures illustrate the need to complete drainage work faster once land is cleared.

Meritage is creating the same issues for its neighbors in Atascocita that the Perry Homes Woodridge Village development did with its neighbors in Kingwood.

Construction, in general, increases flood risk. For neighbors when construction practices are flawed or incomplete. And for larger, surrounding areas when increases in impervious cover may be insufficiently mitigated.

One-Year Rain Overcame Meritage Efforts

Before looking at photos of yesterday’s rain and its aftermath, let’s look at the rainfall totals. The closest Harris County Flood Control District gage is at West Lake Houston Parkway, a little more than a mile north. It received 2.6 inches of rain in a two-hour period on Saturday.

From Harris County Flood Warning System gage on West Lake Houston Parkway at West Fork.

That’s a one- to two-year rain according to NOAA’s precipitation-frequency estimates for this area. See the 2-hour row in Columns 1 and 2 below.

Atlas 14
Atlas 14 Rainfall Probability Statistics for Lake Houston Area

It may have rained intensely yesterday. But the rain did not come close to setting any records. It’s EXPECTED. Statistically, construction companies should PLAN on encountering such rainfalls on virtually EVERY project of this scale.

But yesterday’s experience shows they don’t. At least Meritage and its contractor(s) didn’t.

Attempts to Control Drainage Fall Short

Meritage broke this project up into two phases on opposite sides of Pinehurst Trail Drive.

  • Contractors finished clearing Phase I on the west by the end of January 2024.
  • They finished clearing Phase II on the east by early 2025.

Both sides flooded already earlier this year on February 11. The West Lake Houston Parkway gage received less than a 1-year rain that time. A public outcry caused Meritage to step up its efforts to control runoff. And they did. Somewhat.

They added more silt fencing, staked out wattle rolls to help filter runoff, and built berms in places to help protect neighbors. They also placed sand bags next to storm sewer entrances to help stop sediment before it escaped into storm sewers.

But photos and video taken after yesterday’s rain also show:

  • In Phase I:
    • Severe erosion
    • Storm sewers and drainage pipes stacked and waiting for installation
    • No silt fencing protecting wetlands
    • No paving, no visible progress toward completion in months.
  • In Phase II:
    • Dirt pushed up against silt fences, knocking them over
    • Silty stormwater in neighbor’s yards near the damaged silt fence
    • Ponding water throughout the site
    • Runoff closing off half of Pinehurst Trail Drive.

See below.

Video and Photos From Day of Storm

A reader sent me these two clips. The first shows street flooding caused by runoff from Phase II. The second shows flooding in the Phase II site itself.

Pinehurst Trail Drive on 4/5/25 Near Meritage Phase II construction site. (13 seconds).
Meritage site on 4/5/25 after a one-year rain. (22 seconds).

A neighbor, James Montgomery, whose yard flooded badly sent me these shots.

Silty water approaching pool and house from Meritage site beyond fence.
Hours later, his yard was still flooded with silty water from construction site.

Aerial Photos Taken 24 Hours Later

Here’s how homes along the northern property line of Phase II looked around noon on Sunday.

Note damaged silt fence.
Runoff from Phase II still creeping toward neighbors’ homes 24 hours after rainfall.
Ponding water in Phase II on right overflowing into swale and heading toward storm sewer (top center).
Note ponding water along entire silt fence on right. A well-constructed berm could have helped here.
Looking E at entire Phase II of the Meritage site. Despite months of ideal construction weather since last major rain in February, runoff is still not controlled.
Phase I shot shows grass around the detention basin finally taking hold. But drainage work is still far from complete more than a year after clearing.
More drainage materials stacked up near western edge of Phase I. Note lack of silt fence and silty runoff escaping into wetlands that used to occupy a much larger part of Phase I.
Entire site almost 1.5 years into development. Phase I in foreground. Phase II in upper left. Lake Houston at top of frame.

Personally, I hoped for more – especially from a company whose advertising slogan includes the words “Built. Better.” Construction opens a window of vulnerability to flooding. Companies should do everything they can to complete drainage work as fast as they can to close that window.

For More Information

Meritage builds homes in 11 states. Their website also shows they build homes in 34 communities in the Houston area alone. The posts below contain photos of and background materials about the development.

2/13/25 Meritage Site Overflows Despite Detention Basin

12/23/24 Meritage Finishes Clearing 40 Acres between Pinehurst and Kings River

10/27/24 – Concerns About Fill Height in New Atascocita Development

3/11/24 – New Kings River Development Gets a Buzz Cut

2/13/24 – Meritage Begins Clearing 40 Acres for 210 Homes, Many Over Wetlands

2/26/24 – New Kings River Development Drainage Analysis, Plans Raise Questions

Posted by Bob Rehak on 4/6/25

2777 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.