River Aggregates Archives - Reduce Flooding

Who owns our rivers? In Texas, the state owns navigable streams and rivers. People may not obstruct them, drive through them, dump waste in them, or mine them – at least not without a permit. But sand miners constantly violate those laws with only slap-on-the-wrist fines that amount to another “cost of doing business.” Meanwhile, you are the one who pays the price.

Navigable Streams/Rivers Protected for Public

What does “navigable” mean? This Texas Parks & Wildlife web page describes the concept of navigability “in fact” and “in statute.” There is no precise test for whether a stream is navigable in fact. One court observed that “[w]aters, which in their natural state are useful to the public for a considerable portion of the year are navigable.”

Another link to Texas Parks & Wildlife describes stream navigation law, specifically “Private Uses, Obstructions, Bridges and Dams.”

“Since the days of the civil law of Spain and Mexico, obstructions of navigable streams have been forbidden,” the page begins. “Nowadays the Texas Penal Code, the Texas Water Code, and the Texas Parks and Wildlife Code contain prohibitions against obstructing navigable streams, and the Texas Natural Resources Code forbids unauthorized private structures.”

The Commissioner of the General Land Office has some authority to grant easements for rights of way across navigable or state-owned stream beds.

No Right to Obstruct Navigation

However, in general, no one has the right to obstruct navigation or interfere with recreation.

Parks & Wildlife Code § 90.008 states regarding Public Access: “Except as otherwise allowed by law, a person may not restrict, obstruct, interfere with, or limit public recreational use of a protected freshwater area.”

The “protected freshwater area” referred to above is defined in § 90.001 to be “the portion of the bed, bottom, or bank of a stream navigable by statute up to the gradient boundary.” That gets complicated, but generally, it means between vegetated river banks. Sand bars in a river are normally considered part of the river bed even if above water.

Prohibition Against Motor Vehicles in Rivers

In addition to the restrictions on obstruction of navigability, landowners (and the public) are generally prohibited from operating a motor vehicle in the bed of a navigable waterway (Tex. Parks & Wild. Code Section 90.002).

Prohibition Against Unauthorized Discharges

Numerous posts on this website have dealt with the legal limitations on discharging wastewater from sand mines. In general, it’s supposed to contain no more suspended solids and be no more turbid than natural levels in water upstream from the mine.

The only problem with that concept: when you have 20 square miles of sand mines in a 20 mile stretch of the river, it’s hard to find unpolluted water. In effect, the procedure/standard continually “lowers the bar” as you move downstream.

Out of Sight Makes Blight

What sparked this inquiry? As I fly up and down the West Fork, I see things normally out of public view. Such as miners’ dredge lines stretched across the river, blocking navigation. Such as trucks crossing rivers. Such as mines flushing wastewater down the river. Such as mining the riverbed, without permits or paying appropriate taxes.

Few people ever see these violations. And that has led to boldness on the part of miners. There’s little chance they will be caught. It’s kind of like speeding through a barren desert.

I have no idea whether any of the miners involved in most of the incidents below bothered to obtain permits. I do know that in many cases they have not.

Here is a small sampling of what I see from the air, month after month.

Dredge Pipelines Blocking River

*Dredge lines block river at Hallett truck crossing.*

*Dredge lines blocking river at Hanson Aggregates on West Fork in Conroe.*

Vehicles Driving Through River

*Vehicle about to cross river toward Hanson Aggregates Mine on West Fork*

Breaches Dump Wastewater into Drinking Water

*Breach at Triple PG mine into Caney Creek that was left open for months, now subject of a lawsuit by the Attorney General.*

*Another breach left open for months at same mine.*

*Breach into West Fork at Hallett Mine. Hallett says this was their stormwater outfall. It was open for years, but is now closed.*

*Plugged breach at Hanson Aggregates on West Fork*

*Often mines don’t breach directly into a river where it would be obvious. Here, the LMI River Bend mine drains onto adjacent properties which then drain to the West Fork.*

*Same area as above but closer to breach.*

Abandoned Without Reclamation

*Equipment abandoned in floodway at abandoned West Fork mine. Note oily scum on water.*

*Another abandoned River Aggregates mine perpetually leaks turbid water into West Fork. Even though mine is not active, an adjacent Hallett pit often leaks into this one and causes it to overflow.*

Pumping Wastewater to River and Adjoining Properties

*Triple PG mine pumped wastewater over its dike onto adjoining properties while operating under an injunction. Note how water is higher outside the mine (strip of trees in middle of image) than inside.*

*Note pipe in dike at Hanson Aggregates mine at allows water to drain out into ditch that runs to river.*

*Pumping water over the dike at LMI’s Moorehead mine.*

*Pumping wastewater into West Fork at Hallett Mine*

*At site of former breach, note how pipes now carry wastewater to West Fork from Hallett Mine.* *Water experts say that intense blue color is either cyanobacteria or extremely high chloride content in water.*

River Mining Without Permit

Effect on Water Quality

*Looking north at confluence of West Fork (top) and Spring Creek by US59. West Fork usually runs murkier than Spring Creek right. Almost all area sand mines are on West Fork.*

*Same confluence as above but looking west.* *56,000,000 gallons of white goop from Liberty Mine breach turned West Fork (right) white.*

Contributing to Blockages and Flooding

Rivers transport sand and sediment naturally. But with 20 square miles of sand mines built in the floodway of the West Fork upstream from the Lake Houston Area, miners have increased the potential for erosion 33x compared to the average width of the river. The pictures below, taken shortly after Harvey, show the results.

A six foot high dune not present before Harvey occluded the West Fork by 90% according to the US Army Corps of Engineers. More than 600 homes and hundreds of businesses flooded upstream from this blockage.

*West fork San Jacinto Mouth Bar after Harvey. Thousands of homes upstream from this blockage flooded during Harvey. It’s costing taxpayers more than $100 million to remove such blockages.*

Please share this post with friends and family. It’s time to start getting ready for the next legislative session.

Posted by Bob Rehak on 5/30/2020

1005 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.

Erosion can sometimes be sudden. It’s not always a slow process of water grinding away at dirt and dissolving it, or wearing down rocks. This post will examine several examples around us and look at their implications. I intend it as a continuation of yesterday’s post about ditch maintenance.

*The Northpark Woods development (right) on the West Fork San Jacinto River (background)*

There are four main types of erosion.

Hydraulic action – When rapidly moving water churns against river banks and scours or undermines them.
Abrasion – Caused by small pebbles moving along a river bank or bed and knocking other particles loose. Think of sandpaper.
Attrition – When rocks carried by the river knock against each other. They break apart to become smaller and more rounded. This is how boulders turn into gravel.
Solution – When water dissolves certain types of rocks, for example limestone. We often see this in Florida, where sinkholes frequently develop.

Most of these processes happen slowly. But the first can be sudden. One storm. One flood. And boom. That river bank where you used to sit and quietly contemplate nature is gone.

Now You See It; Now You Don’t

Sometimes large slabs of a river bank or ditch suddenly slump into a river, almost like mini landslides. One flood expert commented on the picture above; he said “The owners of those new homes may suddenly find the ditch in their backyards.”

At other times, the size of a flood forces a river to widen. We saw this during Harvey and Imelda. The relentless pounding of flood waters carries away everything in their path. Cutbanks (the outside of a river bend) are especially vulnerable. Water slams directly into them like a firehose and washes them away. This action actually changes the course of a river over time.

Most of the time, it happens so slowly, we barely notice it. But during large floods, it’s sometimes sudden, large, and devastating to homeowners or businesses near rivers.

Three More Examples of Hydraulic Action

Example A: East End Park

*East End Park in Kingwood. In 2019, the San Jacinto East Fork removed approximately 50-100 feet of river bank during Imelda,* *including this part of the Overlook Trail.*

Example B: Balcom House and River Migration

*Note a long peninsula south of the Balcom House on the San Jacinto West Fork before Hurricane Harvey.*

*After one monster storm, the peninsula was gone. The Balcoms lost 175 feet of riverfront property.*

Example C: River Aggregate Mine on West Fork in Porter

The third example comes from the abandoned River Aggregates sand mine beyond the new development in the first picture above. It’s a spectacular example of river migration.

In this case, the San Jacinto West Fork migrated 258 feet toward the mine’s dike in 23 years. When I first photographed the dike after Harvey, the river had eaten away an average of 12.4 feet per year. At the time, the dike was only 38 feet wide, and I predicted it could soon fail. It did. Within approximately a year.

*Image taken on 9/14/2017, shortly after Hurricane Harvey. At the time, only 38 feet stood between the abandoned mine in the background that the San Jacinto west fork in the foreground.*

*Note how the pond in the foreground disappeared when the river took the last 38 feet of river bank.*

Wait a minute, you say! What happened to the pond. After the river bank collapsed, the pond drained, exposing sediment already within it. And the action of draining concentrated more sediment in it, like all the remnants of food trapped in your sink drain after you’re done washing dishes.

History of Pond

The missing, shallow pond in the foreground above used to be the settling pond for River Aggregates.

*This satellite image from 2004 shows that* *River Aggregates used the missing pond as a settling pond.*

*This is how the mine looked in 2017 after River Aggregates abandoned it.* *Note river bank is still intact.*

*This is how the abandoned mine looked in January of 2019. The river bank was gone. The pond had drained. And a steady stream of silty water from other ponds leaked into the West Fork.*

Here’s how it looks today from a helicopter.

*River Aggregates mine now leaks a steady stream of silty water into the West Fork San Jacinto.* *This is the same area as above, but from the reverse angle.*

Lessons of Life Near a River

Most people never live long enough to see massive changes such as these in rivers. In most places, river change happens on a geologic time scale. But along the Gulf Coast, hurricanes can create floods that make rivers change on a human time scale, as these examples have shown.

What can we deduce from this?

Around here, we need to give rivers room to roam. Parks, green spaces, and golf courses, often represent the highest and best use of land near a river, bayou or ditch.
Building too close to rivers, bayous and drainage ditches can be costly. Disturbing wetlands and topsoil accelerates erosion. That, in turn, can threaten everything in its path. Be prepared to maintain anything you build near a watercourse, including the watercourse itself. And be prepared to fight what ultimately becomes a losing battle.
We need greater separation between mines and the San Jacinto river. Keep mines out of the meander belt. They worsen downstream sedimentation. And as we have seen, that can contribute to sediment build ups that require public money to remove. The alternative, leaving them in place, contributes to flooding.

Here’s a current list of ditch maintenance projects in the Kingwood area.

Posted by Bob Rehak on 5/18/2020

993 Days since Hurricane Harvey

Tag Archive for: River Aggregates

Sand Miners Act Like They Own Our Rivers