Tag Archive for: Jim Blackburn

Living With Flooding

“Living with Flooding” by Jim Blackburn, J.D., answers many of the questions ordinary people have about flooding in Harris County. For instance:

  • What are the different causes of flooding?
  • What should I look for when buying a home?
  • How much of the county is really in a flood zone?
  • Do I need flood insurance?
  • How high should my home be above street level?
  • Am I in a floodplain?
  • Are floodplain maps accurate?
  • How far inland can storm surge from a hurricane spread?
  • How high should I elevate a house if I am in a coastal zone?
  • Why did I flood if I’m nowhere near a stream?
  • Who is responsible for fixing flood problems?
  • Whom should I call if I need help?
  • And more. Much more.

School districts throughout Harris County should make this required reading before graduation from high-school.

“This document should be considered as a beginning—an attempt to put in one place the type of information that will help Houston and Houstonians come out of the next flood in reasonably good shape,” says Blackburn.

About Jim Blackburn

Blackburn is Professor in the Practice of Environmental Law, Department of Civil and Environmental Engineering, Rice University. He is also Co-director of Rice’s Severe Storm Prediction, Education and Evacuation from Disaster (SSPEED) Center and a Faculty Scholar at the Baker Institute.

Minor parts of the document are dated now; Blackburn wrote it just months after Hurricane Harvey. For instance, it lists several officials who lost elections in 2018. But, by and large, he offers durable advice.

Learning to Live with Flooding

The premise behind Blackburn’s primer: we can never fully control flooding, so we need to learn to live with it. In that spirit, he offers 32 pages of practical advice.

A Vision for the Future

In addition to addressing the questions above, Blackburn lists several high-level, necessities for living with flooding.

Flood Smart Citizens Who Participate

“…we need to have an informed, flood-literate, and engaged populace. We get the government that we demand.” And “If we don’t demand and fight for a high-quality flood management, we will not get it.”

Make Room For Bayous and Creeks

“We have built too close to most of the area’s bayous and creeks.” “If water is given more space, we will discover, much like the Dutch, that we can co-exist with the water. But we should always respect it.”

Flood-literate Politicians

“We need politicians that are flood-literate, who can think for themselves about these issues.” Flooding is one of the greatest threats to “public health, life, and economic prosperity in this area.”

Focus on Those Who Are Here Now

“Our leaders must focus on those who live here now rather than those who are coming.” “Our attention should be on fixing the problems of existing, developed areas.” Not building the Grand Parkway to assist new development.

Transparency

“Nothing is more important going forward than transparency in our flood control efforts and thinking.”

It’s hard to argue with any of these recommendations. Just a week before the third anniversary of Harvey, the greater Houston area still grapples with many of these issues.

  • Developers encroaching on floodways and floodplains.
  • Politicians who see lax regulation and enforcement of flood regulations as a tool to compete for new development.
  • The Grand Parkway expansion, arcing like an arrow across flood-prone farmland – with no vision for how to handle the runoff it could bring from hundreds of thousands of acres of new development.
  • Politicians diverting money from where voters intended it to go.

If we had another Harvey next week, scholars like Blackburn would write post-mortems that look very much like Living with Flooding. Except the intro would start with “We told you so.”

Posted by Bob Rehak on 08/18/2020 with thanks to Jim Blackburn and the Baker Institute

1085 Days since Hurricane Harvey

Living with Flooding Copyright © 2017 by the James A. Baker III Institute for Public Policy of Rice University.

New Presentations on Barker-Addicks Upstream Case and State of Regional Flood Mitigation

On February 19, the Bayou City Initiative hosted presentations by Charles Irvine of Irvine & Connor, PLLC and Professor Jim Blackburn of Rice University. Irvine was the Court-appointed, Co-lead Counsel for the Addicks-Barker “Upstream” case. Blackburn is co-director of the Severe Storm Prevention, Education and Evacuation from Disaster (SSPEED) Center at Rice and a faculty scholar at the Baker Institute – just two of many distinctions.

The oral explanations that accompanied each of these presentations provided much of the interest. But even without those, they are still understandable and compelling. Let me attempt to fill in some of the gap.

Barker-Addicks Upstream Case: What Corps Knew and Did

Irvine focused mainly on what the Army Corps knew about flooding potential upstream of the reservoirs and what they consciously permitted to happen through inaction. His presentation is packed with memos and reports dating back to 1973.

In a landmark ruling last December, the judge ruled that the US Government and Army Corps were liable in all 13 test cases for a “taking” private property for public use without just compensation.” That language comes from the Fifth Amendment of the US Constitution.

The Barker-Addicks cases have been divided into upstream and downstream groups because of their different characteristics. On February 19, 2020, Judge Loren A. Smith dismissed all the downstream cases outright. According to the Houston Chronicle, he said that property owners had no right to sue the government for inundating their land in what he called a “2000-year storm.”

Both of these cases set potential precedent for people in the Lake Houston area. The downstream cases contain some circumstances that parallel SJRA actions during Harvey.

The upstream cases contain elements that apply to future flooding now that the SJRA has consciously chosen to balance upstream boating, property and commercial interests with downstream safety.

All in all, it’s an interesting read. The last slide in Irvine’s presentation shows him and co-counsel standing in front of a wall with a quote from Abraham Lincoln. The quote says, “It is as much the duty of government to render prompt justice against itself, in favor of citizens, as it is to administer the same, between private individuals.”

Charles Irvine is third from left.

State of Region and Prescriptions for Future

Blackburns presentation can roughly be broken into two parts: what has been done since Harvey and what still needs to be done to protect us in the future.

Regular readers will recognize many past projects from the archives of ReduceFlooding.com although Blackburn’s purview is admittedly wider than mine. I focus mainly on the Lake Houston Area; Blackburn focuses on the region.

Blackburn, however, makes many prescriptions to reduce future flooding re:

  • Development in flood plains
  • Acknowledging climate change
  • Impacts to low-income and minority areas
  • A black-mold public-health crisis
  • Location of hazardous waste sites
  • Cancer clusters
  • Allocation of public funds
  • Design of freeways that flood
  • Tunneling as a mitigation alternative
  • Flood alert systems
  • Ike-Dike Options and more
Jim Blackburn’s biggest worry.

Blackburn does not shy from controversy. But it’s not necessary to agree with each of his observations. It is necessary to discuss them if we are going to move beyond the thinking that keeps us mired in the past.

To download both presentations, click here.

Posted by Bob Rehak on 2/26/2020 with thanks to Charles Irvine, Jim Blackburn and the Bayou City Initiative

911 Days after Hurricane Harvey