Tag Archive for: Lake Conroe Association

Reminder: SJRA Joint-Reservoir-Operations Meeting in Humble

3/4/26 – The San Jacinto River Authority (SJRA) will hold a meeting at the Humble Civic Center to solicit public input on its Joint-Reservoir-Operations Study. Please come:

  • March 5 @ 6:00 pm – 8:00 pm
  • 8233 Will Clayton Pkwy, Humble, TX 77338

Representatives from the SJRA, Coastal Water Authority, City of Houston, Humble, and the study consultant, Black & Veatch Engineering, will explain the study and field your questions. The meeting will feature informational tables where residents can talk with engineers one on one, plus a presentation.

According to Matt Barrett, PE, SJRA’s Water Resources and Flood Management Division Manager, “one of the main objectives of the study is to determine if there are any benefits to pre-releases from Lake Conroe and Lake Houston.”

Not an Easy Question

While that may seem obvious to flood victims, the question can get complicated. In involves an almost infinite number of weather scenarios, engineering variables and water-supply considerations. For instance:

  • How much rain will fall and how fast? Which direction will the storm come from? Where will the most rain fall in the river basin?
  • How many gates can the budget support? Will they be able to keep up with Lake Conroe’s discharges?
  • What happens if a storm veers away at the last minute? How can we make sure pre-releases don’t waste water or flood downstream neighbors?

In my mind, the question is not “if” pre-releases have a benefit, but “when.”

And that relates to a second objective of the study: to develop a flow forecasting tool for the entire river basin.

Accordingly, said Barrett, “The study will also consider the travel time of water between Lake Conroe and Lake Houston, a factor that’s crucial in evaluation of pre-releases.”

Experience of Other River Basins

Coordinating pre-releases from multiple dams is not an unusual problem. Most rivers have more than one. For instance, multiple dams on the lower Colorado River help keep Austin from flooding.

There’s a well-established body of work showing that coordinating operations across multiple reservoirs can produce measurable flood-mitigation benefits. However, hydrology, travel times, and downstream constraints must align. 

The big win is usually shaving peak flows. Engineers in other watersheds have seen flood-mitigation benefits when their studies identified operating rules that:

  • Prevented “release stacking” – We must avoid upstream releases arriving at the same time as peak local inflows from other uncontrolled tributaries, such as the East Fork or Spring and Cypress Creeks
  • Used forecasts intelligently – Pre-release only works when forecast confidence and downstream capacity justify it
  • Respected downstream constraints – Don’t exceed channel limits. 

Make-or-break technical questions for the San Jacinto Watershed will likely include:

  • Travel time for water between Lake Conroe and Lake Houston and how that changes with different base flows.
  • Downstream constraints such as local rainfall in the Lake Houston watershed
  • Forecast confidence and decision triggers – When will forecasts be reliable enough to justify pre-release without wasting water supply or making flooding worse.
  • What will the study optimize for? Peak flood stage at specific gages? Total damages? Avoiding emergency spillway use? Protecting evacuation routes? Something else?

Bring your questions to the Civic Center.

Why is This Study Taking So Long?

The project was delayed by a change in plans in adding gates to the Lake Houston Dam. SJRA first applied for a grant to study synchronizing releases from the two dams back in 2020. However, after crest gates to the spillway portion of the dam proved infeasible, the City of Houston decided to study adding tainter gates to the earthen eastern portion of the dam.

site of proposed gates for Lake Houston on east side of dam
Tainter gates like Lake Conroe’s will now go in the earthen portion of the dam above, not the concrete spillway in distance.

That new study is now 30% complete. That’s far enough along to start making engineering decisions. But to complicate things even further, costs have escalated because of inflation. That raises some additional questions…and scenarios. How many gates can the City afford? Will they be able to keep up with releases from Lake Conroe? And will Black & Veatch even examine scenarios involving additional gates?

If history is any indication, you can bet that members from the Lake Conroe Association will be there to talk against pre-release. If you want your interests represented in this study, make sure you come tomorrow night. And make sure they include the scenarios in their study that represent your biggest concerns.

Posted by Bob Rehak on 3/4/26

3109 Days since Hurricane Harvey

“Seasonal” Lake Lowering Out. “Active Storm Management” In.

The San Jacinto River Authority and City of Houston have abandoned their automatic “seasonal” lake lowering policy. The seasonal program lowered Lake Conroe automatically to fixed levels during the rainiest parts of the year (April/May and August/September, i.e., the peak of hurricane season).

They have replaced seasonal lowering with a new program called “active storm management” that gives the City and Lake Conroe dam operators more flexibility to respond to actual weather conditions.

Basically, they can keep water levels up when no storms are expected. But they can lower the lake in advance of major rain…any time of the year…by amounts that will keep the lake level as stable as possible and downstream residents as safe as possible.

It’s a compromise that can be summed up in the words “as needed vs. automatic.”

Below, you can see the exact wording of the new protocols. Below that, you can see my simplified summary/interpretation. I also provide a link to the actual contract between the City and SJRA.

Active Storm Management Protocols for Lake Conroe and Lake Houston – 2024

Spring
  • Beginning April 1 through June 1, the City of Houston may request diversions to lower Lake Conroe from normal pool of 201’ msl to create up to six inches of storage capacity for forecasted storm event inflows (to 200.5’ msl). The decision of when, how, and whether to initiate diversions will be guided by climate conditions, weather patterns, and available water supply.
  • Resume normal recapturing after each storm event that triggered any diversion between April 1 and June 1.
  • In the event a major rainfall is forecasted to impact our region, active storm management protocols of the City of Houston could initiate a diversion to create up to an additional six inches of storage capacity for storm inflows (to 200.0’ msl). It is acknowledged that under extraordinary weather circumstances, additional diversions to create capacity below 200.0’ msl could occur.
Fall
  • Beginning August 1 through October 1, the City of Houston may request diversions to lower Lake Conroe if actual lake levels are at normal pool of 201 msl to create up to six inches of storage capacity for storm inflows (to 200.5’ msl). After Labor Day, storage capacity may be increased an additional six inches (to 200.0’ msl). Diversion volumes requested to reach intended levels will be dependent on the actual lake levels. The decision of when, how, and whether to initiate diversions will be guided by climate conditions, weather patterns, and available water supply.
  • Resume normal recapturing after each storm event that triggered any diversion between August 1 and October 1.
  • If a named storm is predicted to impact our region, active storm management protocols of the City of Houston could initiate a diversion to create up to an additional six inches of storage capacity for storm inflows (to 199.5’ msl). It is acknowledged that under extraordinary weather circumstances, additional diversions to create capacity below 199.5’ msl could occur.
Protocol – Lake Houston
  • Year Round
    • City of Houston will initiate releases to lower Lake Houston prior to major rainfall events.
    • Conservation Pool Elevation is 42.4’ msl.
    • Lake Houston level reduced to 41.4’ msl if a 24-hour rainfall forecast of 3 inches or more is expected. within the Lake Houston watershed.
    • Under extraordinary weather circumstances, Lake Houston level may be reduced below 41.4’.
Duration
  • The Protocols above will extend to the end of 2024 but will be reviewed by the stakeholders in October/November of 2024. During the review, the stakeholders will discuss strategies that extend beyond 2024.
Advocacy and Education
  • All stakeholders will work to support flood mitigation projects and efforts across the upper watershed, including improvement of land use regulations to reduce runoff from new development in counties that contribute flow to Lake Houston.
  • Because public education regarding completed and ongoing downstream mitigation efforts is critical to generating upstream support for continued active storm management at Lake Conroe, all stakeholders agree to educate their constituents regarding: active storm management protocols being implemented at Lake Houston, completed and ongoing sediment removal projects in the San Jacinto River basin and Lake Houston, and continued progress on the Lake Houston spillway modifications.
  • Because of its impact on effective active storm management, all stakeholders will support City of Houston and SJRA efforts to amend the Certificate of Adjudication for Lake Conroe to increase the maximum diversion rate.
  • All stakeholders agree to support efforts to limit further construction of habitable structures around Lake Conroe below elevation 207’ msl.
Important Notes
  • All water released from Lake Conroe as part of active storm management is being accounted for from the City of Houston’s 2/3 share and reported to TCEQ by the City of Houston. Therefore, all final decisions on diversions are ultimately the City’s and must be communicated to the SJRA in writing. This includes defining active storm management protocols.
  • All flood mitigation protocols could be limited due to drought conditions.

Rehak’s Summary

Note the words “MAY REQUEST” in the first sentences under Spring and Fall. Lowering is now on an “as needed” basis, not automatic.

Note also the words “RESUME NORMAL RECAPTURING” in the second bullet points under Spring and Fall. Operators will attempt to return the lake to its normal level after the storm threat has passed. The lake will not automatically be kept lower for the rest of the season.

All stakeholders have agreed to review the policy at the end of this year and modify it as necessary.

All stakeholders have also agreed to support mitigation projects including:

  • Land use regulations that reduce runoff
  • Education of residents re:
    • Active storm management protocols at Lake Houston
    • Construction progress of more Lake Houston gates
    • Sediment removal projects
  • An increase in the maximum pre-release rate for Lake Conroe
  • Limiting future construction around Lake Conroe to a safe level (207 feet above sea level).

The City of Houston must initiate lake lowering IN WRITING.

Water released from Lake Conroe at the City’s request will be reported to the TCEQ.

The City makes all decisions on releases.

Its decisions are final.

The City may redefine “active storm management” protocols, but should consider drought conditions when making decisions.

Decisions to Lower Lake Outside of Spring/Fall Dates

A release during Tropical Storm Alberto in June this year triggered a protest from the Lake Conroe Association because it fell outside the dates indicated above (April/May and August/September).

However, during the April SJRA Board meeting at which Active Storm Management was approved unanimously, the official minutes note that all parties agreed that the City could order the release of water from Lake Conroe at any time – regardless of the season.

For the historical record, here is the actual contract between the City and SJRA re: the operation of Lake Conroe.

For ease of future reference, you can also find the details above on this site’s Lake Lowering page.

Posted by Bob Rehak on 6/25/24

2492 Days since Hurricane Harvey

Lake Conroe Association Complains About Lowering Lake Conroe … Again

Updated 6/25/24 – After the near miss with Tropical Storm Alberto, Lake Conroe Association (LCA) President Kevin Lacey penned an angry, demanding letter to the City of Houston (CoH) about lowering the lake 5 inches.

Complaints In Lacey Letter

Among other things, the letter complains that:

  • Lowering the lake after June 1 is a “breach” of the “Active Storm Management Agreement”
  • The amount of rainfall in the original prediction did not justify the amount of “excessive” lowering
  • CoH did not stop lowering Lake Conroe when the storm veered to the southwest
  • CoH wasted its water, instead of using it “beneficially”
  • The lake likely won’t be able to recover its normal water levels during summer

Use of the word “breach” by Mr. Lacey seems to imply that his association has legal standing to dispute the actions of the SJRA and CoH. He demands that they account to him for their actions during the storm at a special meeting with LCA.

The Lake Conroe Association has a long history of protesting lake lowering. LCA sounds like a homeowner’s association, but it is not. LCA was originally founded as a nonprofit 50 years ago to combat the growth of Hydrilla (a fast-growing invasive plant species) around the lake.

Since then, LCA claims it has raised a million dollars ($20,000 per year) through donations. Currently it claims it is also fighting for “safe water levels.”

Motive Behind the Fight?

Some believe that insufficiently dredged areas around Lake Conroe motivated this fight. Regular HOAs cannot afford dredging and homeowners have difficulty operating their boats when lake levels are down.

Mr. Lacey seems oblivious to fact that many around the lake see preemptive lowering as a positive thing that helps reduce their flood risk. Anecdotally, I have heard that many homes flooded around Lake Conroe during May although I don’t have an exact count.

May Storm Dramatizes Problem of Forecast Uncertainty

After 7 inches of rain fell north of Lake Conroe in late April, SJRA began releasing water for days. They had the release rate down to 8,000 cubic feet per second (CFS) and were actually decreasing the release rate, when another 11 inches fell in the same location.

Lake Conroe flood gates
Gates at Lake Conroe can release water 15X faster than Lake Houston’s gates. This makes coordinating pre-releases difficult.

Within hours, SJRA escalated the release rate to 72,000 CFS, flooding hundreds of homes downstream, nearly flooding thousands more, breaking sand mine dikes, and sweeping sediment downstream – just as the CoH was about to begin a $34 million dredging program.

Seventy-two thousand CFS was SJRA’s second highest release rate in its history. Only Hurricane Harvey’s 79,000 CFS exceeded that.

Decreasing the release rate just hours before increasing it 9X underscores the difficulty of precisely predicting how much rain will fall where.

But Mr. Lacey didn’t acknowledge that difficulty anywhere in his letter. Nor did he reference the May storm. Or homes around Lake Conroe that flooded. Or that the City of Houston has the right to call for SJRA water year round.

He especially forgot to mention that when Alberto was pushing southwest, the National Hurricane Center predicted that another potential tropical storm could move north toward Houston. That explains the likely reason Houston continued calling for 660 CFS even after Alberto headed for Mexico and the Valley.

Ultimately, the second storm followed Alberto into Mexico yesterday. But had it moved north, there wouldn’t have been time to achieve meaningful lake-level reduction without flooding homes downstream and staying within the bounds of Lake Conroe’s permit from the TCEQ.

Correcting Other Allegations

To correct some other issues in the Lake Conroe Association letter:

  • While releasing 660 CFS per second before and during Alberto, SJRA did not exceed its TCEQ Permit which specifies 700 CFS maximum. If Mr. Lacey supported increasing that, perhaps next time, SJRA could release water closer to storms when the certainty level of forecasts is higher.
  • Breach implies some kind of a contract exists between LCA and CoH. It doesn’t. Rather, SJRA has a series of operational guidelines in place with CoH.
  • CoH owns two-thirds of the water in Lake Conroe. The “agreement” referenced by Lacey isn’t even labeled as an agreement. It’s a series of operating protocols. They let CoH call for water whenever it wants, not just during peak rainy seasons in the Spring and Fall. (More on that tomorrow.)
  • Many would consider preventing the potential flooding of homes a beneficial use of the water released, even if it did ultimately flow into the Gulf of Mexico.
  • We’ve heard LCA claim before that Lake Conroe won’t be able to return to its normal level in summer because of such releases. In 2021, LCA actually filed a lawsuit based on that claim. The judge ultimately dismissed the case with prejudice after SJRA had to increase release rates repeatedly that summer to keep homes and businesses around the lake from flooding.

Previous Exaggeration

In 2018, the Lake Conroe Association also claimed that seasonal lowering would destroy home values around Lake Conroe. A spot check of the Montgomery County Appraisal District site shows that many lakefront homes have actually doubled in value since lake lowering went into effect. I found one that virtually tripled.

Perhaps Lake Conroe residents are more concerned about whether their homes will flood than how far they have to step down into their boats. After all, the National Hurricane Center has predicted the most active hurricane season ever.

For More Information

To read the actual text of documents referenced in this post, follow these links:

The last includes elements of seasonal lowering, but differs in several important ways. It represents a compromise among automatic, season-long lowering and:

  • Construction delays for additional Lake Houston Gates
  • Upstream convenience and downstream risk reduction
  • Drought and water conservation concerns.

It does this by approaching lake lowering on an as-needed basis. It also specifies when the SJRA and City may bypass the protocols. See more tomorrow.

Posted by Bob Rehak on 6/24/2024

2491 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.

Case Finally Closed on Lake Conroe Association Lawsuit against City, SJRA

In April, 2021, a Montgomery County District Court dismissed the Lake Conroe Association’s lawsuit against the City of Houston for its Lake Lowering Policy. In August 2021, the court dismissed the same case against the SJRA with prejudice. The Lake Conroe Association (LCA) and several Lake Conroe residents appealed the decisions.

Then on April 20, 2022, LCA and the other appellants asked that the Court dismiss their appeal. Neither the City, nor SJRA, opposed the motion. Three judges of the Ninth District Court of Appeals in Beaumont then unanimously dismissed the appeal. Case closed.

“Takings” Claim Disputed

Lake Conroe Association contended that the SJRA’s lake lowering policy amounted to a “taking” of residents’ property.

The City of Houston and SJRA contended that the water at issue did not belong to lakefront homeowners. It belonged to the State of Texas and the City. Therefore, the Lake Conroe Association had no basis for a “takings” claim.

Sources close to the process said that before the matter was heard on appeal, the LCA realized it would never win. So its leaders decided to drop the case and avoid more legal fees.

Clearing the Way for Lake-Lowering Policy to Remain in Effect

This clears the way for the SJRA’s seasonal lake lowering policy to remain in effect during construction of additional floodgates on the Lake Houston Dam. The policy helps ensure that extra “storage capacity” (parking space for water) remains in Lake Conroe during the rainiest months in spring and the peak of hurricane season.

This reduces chances of another devastating release that floods downstream residents during a major storm, such as Hurricane Harvey. The SJRA released 79,000 cubic feet per second during Harvey, one third of all the water coming down the West Fork between Humble and Kingwood.

However, as time went by, Lake Conroe residents became upset with the policy. That led to a contentious confrontation between upstream and downstream residents, as well as the lawsuit.

2022 Version of Lake-Lowering Policy is a Compromise

Over time, the SJRA has reduced the amount of lowering in its policy. Currently, the spring lowering is one-half foot below 201 during April and May, the level of the conservation pool in the lake. Originally, it was one full foot below 201. Most people call that the “normal” level. However, the mean level of Lake Conroe is below that about two-thirds of the time. (See last table below.)

Current Lake Conroe Level

Evaporation and low rainfall currently have Lake Conroe at 200.8, or about 3 inches above the new seasonal target level and 3 inches below the conservation pool.

Currently Lake Conroe’s level is at 200.8 feet and the City of Houston (COH) has not called to lower the lake further.

A close reading of the policy reveals that for the lake lowering to begin, the City of Houston must call for the water.

Below-Average Rainfall Has Delayed Need for Spring Release

However, below-average rainfall for the last two months has delayed the need for a spring release from Lake Conroe this year. Much of the state is now in drought.

Montgomery and northern Harris Counties are currently rated as “abnormally dry.” Southern Harris, Fort Bend and Waller Counties all have “moderate drought.”

Jace Houston, general manager of the SJRA, said, “We haven’t had a big rain in a long time and there’s no significant rain in the foreseeable future. The feeling is that evaporation will soon take the lake down to the target level. The City of Houston must initiate the lowering. If we get a lot of rain, we’ll start releasing again.”

Time for Healing

In addition to reducing the spring lake lowering, the 2022 policy lowers Lake Conroe to 200.5 in August and 200 in September – both a half foot higher than the original policy.

Hopefully, this compromise will help upstream and downstream residents live together now that the lawsuit has been dismissed. It’s time for some healing.

Posted by Bob Rehak on 4/22/2022

1697 Days since Hurricane Harvey

MoCo Judge Dismisses Lake Conroe Association Lawsuit Against SJRA With Prejudice

Judge Michael Mayes of the 284th Judicial District Court in Montgomery County filed an order today dismissing the Lake Conroe Association (LCA) lawsuit against the San Jacinto River Authority (SJRA). But the most significant part of the dismissal was the way he did it.

Judge Mays dismissed the case WITH PREJUDICE FOR WANT OF JURISDICTION.

Meaning of “With Prejudice” and “Want of Jurisdiction”

“With prejudice” means that the plaintiff cannot refile charges in another court. Basically, the court is saying that it found the case meritless. One lawyer told me, “It’s like saying, ‘Don’t waste the court’s time anymore.'”

The massive floodgates on Lake Conroe (above) have 15X the release capacity of Lake Houston’s. The seasonal lake lowering program was conceived in part as a way to give Lake Houston more time to shed water in advance of major storms.

Re: Plea to the Jurisdiction, according to the website Houston Courts and Cases, “In Texas…A plea to the jurisdiction can challenge either the sufficiency of the plaintiff’s pleadings or the existence of jurisdictional facts.”

In April 2021, the Judge dismissed the case against the City of Houston for want of jurisdiction, but the case against the SJRA remained active until today.

The ruling means that the SJRA’s Seasonal Lake Lowering Plan may remain in effect.

Purpose of Lake Lowering Plan

The Seasonal Lake-Lowering Plan was conceived shortly after Harvey as a way to provide an extra measure of flood protection for the Lake Houston Area while it implemented other flood-mitigation measures such as dredging and additional gates for the Lake Houston spillway. By creating extra storage capacity within Lake Conroe during the wettest months of the year, the SJRA hoped to reduce the risk associated with another massive release like the 79,000 cubic feet per second during Harvey. By itself, that was the ninth largest flood in West Fork history.

2800 Pages of Legal Briefs Come to a 102-Word End

The Lake Conroe Association pulled out the stops for this lawsuit. It filed approximately 2800 pages of legal briefs in four months, ran out of money, and started begging with residents to donate more so it could continue the fight. Today’s ruling will put an end to that.

Reality repeatedly contradicted the LCA’s factual claims. LCA claimed:

  • Home values around Lake Conroe would plummet because of the plan. They increased.
  • The school district would run out of money. It didn’t.
  • Nature would not be able to recharge the lake after a lowering. It did. Repeatedly.
  • Lake Conroe was not conceived as a flood-control lake. Flood control is a key element of SJRA’s charter.
  • The lowering would not help protect people in the Lake Houston Area. It did.
  • The City of Houston committed fraud … by calling for the release of its own water.

In contrast to (or maybe because of) the 2800 pages of legal briefs, today’s court order was mercifully brief – 102 words.

“On this 30th day of August, 2021, came on before the Court San Jacinto River Authority’s Plea to the Jurisdiction, and after considering same, all Answers, Responses, Replies, pleadings, stipulations, evidence, affidavits and attachments filed by the parties, all statutory and caselaw authorities, and all arguments relating thereto, the Court was of the opinion that the following Order should be entered; it is therefore ORDERED, ADJUDGED AND DECREED that San Jacinto River Authority’s Plea to the Jurisdiction be, and it is hereby, GRANTED AND SUSTAINED, and that the above Cause be, and it is hereby, DISMISSED WITH PREJUDICE FOR WANT OF JURISDICTION.”

Now a Meaningful Dialog Can Begin

I’m sure this must come as a bitter blow for some residents of Lake Conroe who supported the long court battle. But perhaps some good will come from the clarity that now exists.

Hopefully, this will open the door to reasonable people who wish to craft a long-term joint management plan for both Lake Conroe and Lake Houston. The people of this region are inextricably bound together by the need to balance water and flood control. Perhaps now we can start a meaningful dialog that addresses both.

Posted by Bob Rehak on 8/30/2021

1162 Days since Hurricane Harvey

Engineers Testifying for LCA are Electrical and Chemical, Not Civil

Yesterday’s post cited the testimony of two “licensed professional engineers” in the State of Texas who claimed that Lake Conroe could not refill from rainfall in the Spring or Fall after being lowered one foot to provide an extra margin of safety, which helps prevent flooding homes on both sides of the dam. However, the lake did refill…and then some…within two days after the Lake Conroe Association (LCA) filed their affidavits in its lawsuit to prevent the seasonal lowering.

Deeper investigation reveals that neither engineer is a civil engineer. One is an electrical engineer and the other a chemical engineer.

From https://pels.texas.gov/roster/pesearch.html

“The Engineer Shall Not…”

Here’s why it is important. Note Paragraphs A and C below.

From Page 84 of PDF at https://pels.texas.gov/downloads/lawrules.pdf

Paragraph A states that engineers shall practice only in their areas of competence.

Paragraph C states, “The engineer shall not express an engineering opinion in deposition before a court … which is contrary to generally accepted scientific and engineering principles without fully disclosing the basis and rationale for such an opinion.”

There was no such disclosure in their affidavits.

In fairness, the engineers also testified as residents and they had more concerns than flooding.

However, both:

  • Cited their professional credentials at the start of their affidavits – without disclosing their areas of expertise.
  • Drew the same conclusion about the inability of the lake to refill through rainfall – without stating the basis of their conclusions.

Mr. Elliott has retired and his license is inactive. Mr. Waitts’ license is still active.

Background

Only two days after LCA filed the engineers’ affidavits, rainfall raised the lake level two feet above normal, and threatened homes and businesses. SJRA had to release water at almost 10,000 CFS to avoid flooding them.

Seasonal Release from Lake Conroe, 529 cfs from one tainter gate open six inches.
SJRA Seasonal Release on 4/15/2020. One tainter gate open six inches released a slow, steady stream of 529 cfs.

Without the seasonal lake lowering policy, someone on either side of the dam would likely have flooded. Dam operators would have been forced to flip a coin to see who. But the seasonal lowering – about which the chemical and electrical engineers complained – helped protect everyone. No one, to my knowledge, flooded on either side of the dam due to river flooding.

Posted by Bob Rehak on 5/23/2021

1363 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.

LCA Claims “Seasonal Lake Lowering Policy Does Not Allow Lake Conroe to Refill Through Rainfall in Spring, Fall”

Never says never. Especially in a lawsuit. It didn’t take long to disprove that claim! Two days after LCA filed the claim on April 28th, the SJRA had to open its gates to keep Lake Conroe homes and businesses from flooding. And they are still releasing water…three weeks later.

SJRA Dashboard as of 6pm Friday night, 5/21/2021. Normal level is 201. Despite near constant releases this month, the lake’s level has remained above average.

This afternoon, I read the third supplement to the petition by the Lake Conroe Association (LCA) in its lawsuit against the San Jacinto River Authority (SJRA) and nearly busted a gut laughing. After a week where we received more than half the rain for the year so far, I needed the comic relief. And got it.

Two licensed professional engineers – with more than 80 years of experience between them – filed affidavits. They claim that the SJRA’s seasonal lake lowering policy “does not allow Lake Conroe to refill through rainfall in the Spring and Fall.” Their claim is repeated over and over again in affidavits by others.

Lake Conroe Association’s Third Supplement to its Original Petition

SJRA Forced to Go Beyond Seasonal Lowering to Avoid Flooding

Twice this month, the SJRA has had to release water from Lake Conroe above and beyond the seasonal lowering policy to prevent flooding. After the May Day event, they released almost 10,000 cubic feet per second (CFS) for several days to keep the homes and businesses around Lake Conroe from flooding.

The boats are in slips, but the docks are underwater. Near Monty’s Lighthouse and Fajita Jacks on Lake Conroe on 5/1/2021, when the water level exceeded 203 feet halfway through the Spring seasonal lowering.

The rains this week have been more spread out, but the SJRA still had to release almost 3,000 CFS most days to reduce flood risk around Lake Conroe.

Engineers rarely deal in absolutes. They deal in extremes and qualify almost everything they say. But these intrepid professionals stepped over the edge on the far side of reality. Mother Nature always gets the last word.

One of Many Exaggerated Claims

The LCA lawsuit seeks to stop the SJRA’s seasonal lake lowering policy. The “refill” claim is just one of many exaggerated claims that LCA has made.

This lawsuit overflows with self-destructive claims and internal contradictions.

Say That Again!

The latest filing claims that the Lake Conroe Association has the authority to speak for all of its members because LCA feels it proved actual or imminent damages to at least one of its members. In logic, they call that “the fallacy of generalization.” I know at least one influential member of LCA who disagrees vehemently with the lawsuit. So which of those two individuals should we listen to?

LCA also asserts that the Association’s rights are “in every practical sense identical” with “its members.” Its interests, however, may not be.

Some may not find flooding enjoyable.

In its original petition, LCA claimed that its purpose was “over-seeing, directing, initiating, and promulgating programs that directly affect the control, use, and enjoyment of Lake Conroe…” Had it not been for the seasonal lake lowering policy, many homes and businesses upstream or down would likely have flooded after the May Day rains.

In the same sentence about enjoyment, LCA also claims that Lake Conroe is operated exclusively for the benefit of the citizens of Montgomery County, Texas.

Did they really mean to say that Lake Conroe is operated exclusively for MoCo residents when the City of Houston owns two thirds of the water in it?

At one point, the lawsuit claims the sole purpose of Lake Conroe is to supply drinking water. But most of LCA’s complaints refer to lost recreational opportunities.

The second supporting document LCA filed sought relief for irreparable damages but did not specify what those were. Previously LCA members have complained about:

Could Dredging Costs Be The Real Issue?

But LCA’s latest filing reveals what could be the real issue here: dredging. Reportedly, the former president of the LCA had shallow water next to some lakefront property he was trying to sell. But with the water lowered, shallowness made the property less marketable.

Shallow water especially impacts residents at the north end (headwaters) of the lake.

Some LCA affidavits claim that access channels to the lake have been cut off by siltation. This latest filing references dredging in numerous places.

Wildwood Shores claims the estimated cost to dredge area canals exceeds one million dollars. They have hired an engineering company to set up a multi-year dredging plan that would spread out the costs. But they worry that the costs may still not be affordable. Dredging companies have explained the costs of dewatering the dredged materials; hauling them out of the floodplain; and the Army Corps’ permitting process.

Residents from Wildwood Shores, an area without fire hydrants, also claim that the Sam Houston National Forest could burn down if a house fire gets out of control and the local fire department can’t find a way to draw water from the lake.

I wonder if they’ve compared the cost of dredging to putting in a water well and tank from which tanker trucks can refill. I googled “cost of water tanks” and quickly found one that holds 90,000 gallons for $35,000. That’s a lot less than a million dollars for dredging. And the capacity would be enough to fill up at least 30 of the tanker trucks they reference in the lawsuit. The engineer who filed that affidavit didn’t explore that option. Perhaps because he had something else in mind…like boating, for instance.

Let’s Focus on the Real Issues and Work Together

I’m not trying to minimize the:

  • Loss of recreational opportunities
  • Inconvenience of silt
  • Expense of dredging.

We in the Lake Houston Area have been grappling with those same issues…on top of the flooding that silt dams contribute to. They are all real.

But making claims that are false at face value; inventing one doomsday scenario after another; and ignoring reasonable, cost-effective alternatives only undermine your own credibility.

Keeping water high is a temporary solution at best. Eventually, silt will pop up all around Lake Conroe. Especially after heavy rains.

Until you start enforcing regulations that reduce the effects of egregious development (including sedimentation) and form a Flood Control District to help dredge, this problem will dog you.

Realize that we’re all in this together – upstream and down. Let’s focus on ways to mitigate our mutual problems, not fight each other for a temporary advantage.

Posted by Bob Rehak on 5/22/2021

1362 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.

Lake Conroe Keeps Rising Despite Increasing Discharges by SJRA

In the last two weeks heavy rains have slammed the areas upstream from Lake Conroe leading to steady rises in the lake level. Had the lake not been lowered earlier, neighborhoods could be flooding now. Streets in several places are already cut off.

As of 7:30 pm Saturday night, 5/1/2021

More Than Three Foot Increase Above Lowered Level

The rain a week ago erased the one-foot seasonal lowering that SJRA started on April 1. Then yesterday’s rains increased the lake more than 2 feet above its normal level of 201 – despite increasing discharges by the SJRA. The lake is now threatening lakeside homes and businesses as you can see from the photos below.

If you’ve watched the dashboard at SJRA.net, the SJRA started discharging 450 cubic feet per second (CFS) before the most recent round of storms. Now the discharge rate has increased to 9275 CFS, which is close to the max rate that the antiquated flood gates on Lake Houston can handle. But even at 9275 CFS, Lake Conroe continued to rise this afternoon.

So did Lake Houston, despite the fact that the Coastal Water Authority has been trying to lower the lake a full foot for several days now.

As of 5:30PM Saturday.

Water Coming from Other Sources, Too

However, in addition to the water from Lake Conroe, Lake Houston is also picking up water from other sources, a number of which are in danger of coming out of their banks.

Status of streams as of 4:15PM on 5/1/2021 according to the Harris County Flood Warning System.

Yellow triangles indicate a stream could come out of its banks. Red exclamation points mean flooding is likely.

This is precisely the scenario that the SJRA designed its lake lowering policy to prevent – an ugly choice between flooding people upstream or downstream.

But the Lake Conroe Association has fought the lowering for the last two years both in a court of law and the court of public opinion. The Association mounted an expensive campaign including billboards, lawsuits, and a legislative offensive against the SJRA. Now, the rapid rise in lake levels may undermine LCA’s support; it certainly undercuts their arguments against seasonal lake lowering.

Water Creeping Closer to Homes and Businesses around Lake Conroe

A Lake Conroe resident who wishes to remain anonymous took the pictures below this afternoon. They show docks underwater, the lake invading shorelines, streets cut off, and homes and businesses being threatened by rising waters.

The docks at Papas on Lake Conroe are underwater.
Water is creeping closer to the Villas at Margaritaville.
This resident said water from the rising lake levels was keeping water from draining into the lake and backing it up into streets.
Docks in front of Monty’s Light House and Fajita Jacks. Those boats are in their slips. The docks are under water.

The marinas on 105 are closed for two reasons. First, the lake is closed to boat traffic because of dangerous conditions. Second, the water is high enough that you can’t get trailers in deep enough, according to one resident. The Walden marina looked like the one above, he said.

One More Round of Thunderstorms Tonight

Expect one more round of storms tonight. National Weather Service radar shows them already sweeping into the Lake Conroe area. They aren’t predicted to dump large amounts of rain, but they will put additional pressure on the homes and businesses around the lake, especially as runoff from previous storms continues to work its way to the lake.

The East Fork in southeast Montgomery County remains under a Flash Flood WARNING, especially areas around Caney and Peach Creeks.

Caney Creek gage at FM2090 as of this afternoon.

And virtually the entire region remains under a flash flood watch through tomorrow morning. A Flash Flood Watch means that conditions may develop that lead to Flash Flooding. Flash Flooding is very dangerous. You should monitor forecasts and be prepared to take action should Flash Flood Warnings be issued.

From National Weather Service on 5/1/21

Posted by Bob Rehak on 5/1/2021 based on information from Lake Conroe residents and the NWS

1341 Days since Hurricane Harvey

MoCo Judge Dismisses Lake Conroe Association Suit to Block Seasonal Lake Lowering

It has been a busy ten days at the Montgomery County Courthouse. On March 31, the Lake Conroe Association (LCA) filed a lawsuit to block the seasonal lowering of the lake. But a hearing was not set until April 19. Meanwhile, the SJRA and City of Houston initiated a release of 450 cubic feet per second on April 1. That prompted the LCA to request an immediate order to stop the release on April 6. And that may have backfired on the Association. It forced the judge to look at the case sooner. And today, the judge dismissed the entire suit with respect to the City of Houston for lack of jurisdiction. Co-defendant SJRA has yet to file its response in the case, so the judge could not rule on that.

Dismissed for Lack of Subject Matter Jurisdiction

In its initial response to the LCA suit, the City argued what lawyers call a “plea to the jurisdiction.” The City claimed that LCA lawyers relied on outdated case law, that the City enjoyed governmental immunity, and that the plaintiff’s claims should be dismissed for lack of subject matter jurisdiction.

The arguments re: immunity are complicated and technical. Briefly, Texas law gives governmental entities broad immunity. Plaintiffs must challenge the validity of a statute under which a government took action to challenge the government’s action. But, says the City, the seasonal lake lowering policy is not a statute or ordinance; it is simply a policy. Thus, “Plaintiffs’ declaratory judgment action is barred by governmental immunity.”

More Hail Mary’s

To stop the seasonal release once it started, Plaintiffs then filed their first supplement to the Application for a temporary restraining order. They also filed a Supplement to their Original Petition. And a second supplement. The filings claimed that the release of 450 CFS was:

  • Causing irreparable harm
  • A public nuisance
  • A “taking” of their property
  • An unreasonable loss of water
  • Diminishing their enjoyment of the lake

The City of Houston answered these allegations one by one in a seven-page brief filed on 4/7/2021. I’ll dispense with the legal arguments; you can read them for yourself. They discuss whether the allegations have merit and meet the legal definitions involved.

Even without a law degree, it appears on the surface that the only claim with validity is the enjoyment claim. But balanced against the City’s property rights (in the water), plus the potential flood-reduction and property-protection benefits, it pales.

Judge’s Ruling

Suffice it to say, that around 9 a.m. today, the judge agreed with the City of Houston’s Plea to the Jurisdiction. “The Court having considered the Plea and the response, if any, is of the opinion that it should in all things be SUSTAINED.”

“IT IS THEREFORE, ORDERED that City of Houston’s Plea to the Jurisdiction is SUSTAINED and that Plaintiffs’ claims are DISMISSED for lack of jurisdiction.

Judge in LCA Case

Altogether, plaintiff’s filed 86 pages of legal briefs so far. I’m glad I’m not a Lake Conroe homeowner paying the bill for that!

Irreparable Harm? Really?

Some LCA claims stretched credulity. A 1-foot reduction causing irreparable harm? Really?!! During public testimony before a special SJRA Board meeting this morning, Lake Conroe callers mentioned that sales tax receipts are up, boaters are enjoying the lake, and home values are also up substantially since the seasonal lake lowering policy started.

Boats on Lake Conroe during last year’s seasonal lowering in the Spring.

Homeowners around Lake Conroe should demand to learn what and who is really behind this exercise.

Effect on SJRA

To date, the City of Houston has taken the lead on various pleadings. That makes sense because the lake lowering program involves its water.

The judge’s order this morning did not affect the SJRA. That’s because SJRA has not yet filed any answer, pleadings, or briefs in the case. The extent of SJRA activities on this case so far was to brief its board this morning and get its support to engage outside legal counsel. The board approved hiring two firms. Expect more from the SJRA in the coming days.

Posted by Bob Rehak on 4/9/2021

1319 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 Began Spring Seasonal Release on April 1

The San Jacinto River Authority (SJRA) began slowly releasing water yesterday afternoon to lower the level of Lake Conroe to 200 feet per the temporary seasonal release policy adopted more than a year ago. When the seasonal release began, the lake stood at 201.01 feet – its normal target level. By noon today, the level stood at 200.94 feet.

Screen capture of SJRA dashboard as of 4:50PM yesterday.

Community Impact claims the release started at 4:20PM on 4/1/2020.

These pictures show the release.

Start of SJRA spring release. What 450 cubic feet per second looks like.
The slow release is designed to help protect downstream interests.
Looking back toward Lake Conroe.

Lake Lowering Policy by the Numbers

In the spring, SJRA lowers the lake one foot, starting April 1 and begins recapturing water on June 1.

In the summer and fall, it’s a little more complicated. On August 1, SJRA releases water again to reduce the lake level back to 200. Beginning Sept. 1, they take the water down another six inches. But the City of Houston may call for it to be lowered another six inches (to 199) if a named storm is predicted in the Gulf.

Statistically, the peak of hurricane season is September 10. The lake-lowering policy builds additional capacity to absorb heavy rains that could threaten the dam, and help prevent massive releases that cause downstream flooding.

Upstream/Downstream Differences of Opinion

Downstream residents love the policy. They saw their communities destroyed during Harvey when the SJRA started releasing 80,000 cubic feet per second. Many Lake Conroe residents who flooded during Harvey also love the policy.

But some Lake Conroe residents feel inconvenienced and persuaded the Lake Conroe Association to file a lawsuit requesting a temporary restraining order to stop the lake lowering. A Montgomery County judge scheduled arguments in the lawsuit for April 16th, two weeks from now.

One resident who joined the suit claims the lower lake levels forced her to repair her bulkhead at a cost of $2000. And a bait shop owner claims he was driven out of business in 2018 when people couldn’t get their boats in the water.

But pictures taken during last year’s lowering show plenty of boaters having plenty of fun despite the lower level. Evaporation often takes the lake down partway to the target level anyway. So, the SJRA may only need to release inches rather than feet to reach its target level – especially in late summer.

Posted by Bob Rehak on 4/2/2021

1312 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.