Tag Archive for: Scarborough

How Flood Protection Can Increase Consequences of Large Floods

Academic research into flooding suggests that “Flood protection tends to reduce small floods, but increases the consequences of rare, large floods.” This is one of the central ideas in modern flood-risk management.

It does not mean that flood-control projects are bad. Rather, it describes an unintended sociological feedback loop that can emerge over the long term, if structural protection is not paired with prudent land-use planning.

The concept traces back to the work of Gilbert F. White in 1945 and has been expanded by researchers such as Raymond J. Burby, Gilberto Di Baldassarre, and others. It is commonly referred to as the levee effect or the safe-development paradox. Simply stated, flood-risk-reduction projects can lull people into a false sense of security.

The Basic Mechanism

The process unfolds over decades rather than years. It follows these steps:

  1. Flood protection is built…
  2. Frequent flooding declines…
  3. Confidence increases…
  4. More homes, businesses and infrastructure are built…
  5. Property values rise…
  6. A flood larger than the “design event” (i.e., the 100-year flood) occurs…
  7. Communities experience much greater losses than would have occurred decades earlier.

Structural flood protection often reduces flood frequency. However, it encourages much more development behind the protection, so exposure increases dramatically. Then, when an event exceeds the design capacity, total losses can be much larger than before.

Why This Happens

Here’s an example. Imagine an area that floods every five years.

Initially, only 100 homes might occupy the area because of flood frequency.

  • A moderate flood might damage 50 homes.
  • Then, a levee is built to withstand the 100-year flood.

For the next 30 years:

  • No floods occur.
  • Confidence grows.
  • The area now contains:
    • 5,000 homes
    • Schools
    • Hospitals
    • Shopping centers
    • Utilities.

Then a 500-year flood overtops the levee.

The levee did exactly what it was designed to do for decades. But because so much development accumulated behind it, the rare failure produces vastly greater losses than would have occurred before the levee existed.

That is the paradox.

Example: New Orleans and Katrina

Perhaps the world’s best-known example is New Orleans during Katrina.

For decades, extensive levees reduced frequent flooding. Large areas below sea level became heavily urbanized. And population and infrastructure expanded behind the levee system.

When Hurricane Katrina exceeded parts of the system’s design, multiple levees failed. Approximately 80% of New Orleans flooded. More than 1,800 people died. Economic losses exceeded $100 billion.

Researchers argue that the levees enabled much greater development in areas that remained vulnerable to catastrophic flooding if protection was exceeded.

The Implication for Houston and the San Jacinto Basin

This idea has direct relevance to the Lake Houston Area and the San Jacinto River Basin.

Suppose all the projects proposed after Harvey (additional upstream detention, optimized gate operations on Lake Conroe, channel conveyance improvements, more floodgates for Lake Houston, etc.) are implemented and reduce the probability of flooding from moderate storms.

However, they could create a widespread perception that “This land is now safe.” And that perception could lead to substantial new development in flood-prone portions of the basin over several decades such as the 5,300 acre Scarborough property at the confluence of the West Fork and Spring Creek.

Scarborough wetlands
Wetlands on Scarborough property

Exposure increases. Property values increase. Infrastructure becomes more concentrated.

Then, when an event exceeds the protection system — just as Harvey exceeded many historical design assumptions — the total losses may be larger than they otherwise would have been.

This is precisely why many modern flood-risk experts argue that structural protection must be paired with land-use management rather than viewed as a substitute for it. But “land use management” is fightin’ words in Houston.

Breaking the Cycle

The encouraging news is that the research also points to ways to avoid the paradox. The most commonly recommended strategies are:

  • Preserve portions of the natural floodplain instead of developing every protected acre.
  • Use regional detention and natural storage to reduce flood peaks.
  • Educate home buyers about the limits of flood protection.
  • Require resilient construction (elevated structures, floodproofing) even behind levees or reservoirs.
  • Manage development at the watershed scale, not just parcel by parcel.

Why This is Especially Relevant to the San Jacinto

This concept is particularly important for the San Jacinto basin because it reframes the objective of the SJRA’s Joint Reservoir Operations Study.

The study’s success should not be measured solely by whether it lowers flood stages by a few inches. It should also include:

  • Strong warnings about the safe development paradox
  • Education about design assumptions for flooding, i.e., the height of foundations above the 100-year flood level.

Said another way, the study should discourage development that eventually erases any gains – one of the central themes in contemporary flood-risk research.

Posted by Bob Rehak on 7/5/2026

3232 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.

Proposal for Comprehensive Post-Mining Plan Could Help Avert Future Tragedies

6/29/26 – Forming a Montgomery County Lake District could create a unified post-mining plan for dozens of individual sand mines along the West Fork, benefiting industry, residents and government at all levels. Here’s how.

Roaring Through the Cracks

In August of 2025, I documented the massive breach in the dike of an old sand mine on the San Jacinto West Fork. The 130-acre pond dropped at least 10 feet in less than an hour. All that water rushing out was like a dam breaking. It caused tremendous erosion.

Rushing water destroyed everything in its path and washed a tremendous amount of sediment into the river. 1300 acre-feet of fresh water weighs approximately 3.5 billion pounds! The force of that water enlarged a nick in the dike to an opening up to approximately 150 feet wide by 1000 feet long in minutes.

A year later, the abandoned mine’s owners still have not fixed the damage. See this one-minute video on YouTube of the devastation left behind. I shot the video on 6/27/26.

Tragically, it was all preventable.

How It Happened

Hanson Aggregates stopped mining the pond in 2021. Just months later, the Texas Commission on Environmental Quality (TCEQ) instituted new best management practices for mining in the San Jacinto River Basin. The new rules called for miners to develop a post-mining/abandonment plan, but TCEQ says that never happened in this case because of the timing.

A group called Ags Unlimited LLC later bought the abandoned mine in 2023 and still owns it today, according to the Montgomery County Appraisal District.

From MCAD-tx.org

It’s not clear what Ags Unlimited planned for the property. At various points in a conversation with the manager, he mentioned building a boat launch, a kid’s camp, a recreational amenity for an adjacent residential community, and selling wetland-mitigation credits. He later told investigators from the TCEQ that he hoped to build a “recreational pond for livestock management.”

John McKinney, the Montgomery County Floodplain Manager, says the County cited the new owners for non-compliance on December 19, 2024. The issue: Repairing the berm around the pond and installing overflow pipes.

On August 24, 2025, the berm blew out when a contractor with a small backhoe tried to install the overflow pipes. According to one account, he dug too deep into the sandy soil and a trickle quickly enlarged into a torrent.

Breach in abandoned sand mine on San Jacinto West Fork on 8/24/25
Photo taken on 8/24/25 as water was still rushing through breach. Compare height of breach to height of excavator.

Vision for the Future: Montgomery County Lake District

Regardless of what were perhaps good intentions, a disaster resulted. And the present owners seem incapable of fixing it.

The lower water levels have contributed to headcut erosion on adjoining properties, now threatening one widow’s home. So, how do we prevent such harm in the future?

I propose a cooperative effort of cities, counties, Texas Parks & Wildlife, TCEQ, Texas General Land Office (GLO) and industry to designate the areas where sand has been mined along the San Jacinto West Fork, along with floodways, as “The Montgomery County Lake District.” The concept: Turn a network of abandoned mines into publicly owned green space connected by trails.

The Texas Aggregates and Concrete Association (TACA) could help lead the way. It is one of the most powerful lobbies in Austin.

TACA members on the West Fork now have an obligation to provide abandonment/post-mining plans to the TCEQ. Selling their land when mining is complete to the MoCo Lake District could relieve mine owners of the need to develop their own individual abandonment plans. It could also create a positive, lasting legacy for the industry.

From the standpoint of residents, proximity to green spaces enhances surrounding home values and provides healthy, outdoor recreational space. Preservation of floodways and floodplains also reduces flooding.

Governments at All Levels Could Benefit

Former mines along the West Fork could become a new state park under the auspices of Texas Parks and Wildlife, which already has responsibility for rivers in Texas. Land is scarce in urban areas. But abandoned mines sell at a steep discount.

Undeveloped land deep in floodplains and floodways, such as the Scarborough property, just downstream from the Hanson mine, might also be included.

The General Land Office (GLO) has partnered with Scarborough and may be looking for a way to back out of the deal. A state park might be an honorable and popular way to do that.

Cities and counties could reduce water purification and dredging costs. They could also eliminate headaches such as the one above that damage their residents.

The state has resources to address such issues. Small private groups like Ags Unlimited rarely do. Collectively, we can create something far larger than any one group could by itself.

Rough outline of proposed MoCo Lake District incorporating current and abandoned sand mines as well as undeveloped land in floodways and floodplains along West Fork from US59 to Conroe.

If it works, this could become a model for responsible aggregate production in Texas and the country.

Posted by Bob Rehak on 6/29/26

3226 Days since Hurricane Harvey

Editorial: “Me vs. We” in Scarborough Development Debate

6/7/2026 – Much of human history comes down to balancing the rights of individuals vs. those of society as a whole. Said another way, where do we draw the line when considering “Me vs. We?”

The proposed Scarborough Development, backed by the State of Texas General Land Office, in the floodplains of Spring Creek, Cypress Creek, Turkey Creek and the San Jacinto West Fork makes a good example.

Confluence Spring Creek and West Fork after heavy rains
Flood-prone Scarborough property lies inside the V at the confluence of Spring Creek (l) and San Jacinto West Fork (r).

Should a developer have the ability to build on its own property? Even if altering the floodplain will endanger the lives of future homeowners, first responders, and people in surrounding areas? And what if you, the taxpayer, are asked to mitigate that risk in the future? That’s the Me vs. We debate. What’s good for one isn’t always good for the majority.

Me vs. We in American Life

The Me vs. We debate permeates almost every aspect of American life. For instance, we give up some of our freedom as individuals when we:

  • Marry and raise a family
  • Obey laws
  • Choose to live in a city
  • Join the Armed Forces
  • Take a job with a company
  • Go through airport security
  • Stop at a red light.

In America, the “Me vs. We debate” divides conservatives from liberals and Red states from Blue on most contentious issues

After 250 years, we still haven’t figured out where to draw that line – at least not universally. We just let people and companies shop for jurisdictions compatible with their own self-interest. Want conservative? Move to Texas. Want to hedge your bets? Move to Harris County.

Different Jurisdictions, Different Philosophies

Want to file a lawsuit against the EPA or against polluters? Shop for a court friendly to your point of view.

Should a company be allowed to build on cheap, floodplain property likely to destroy homes and lives? That is the debate with Scarborough. The company stands to make immense profits if it can secure development permits for its 5,300-acre property.

Against that backdrop, lies the safety and security of hundreds of thousands of people, most of whom remain blissfully ignorant of the developing threat upstream.

Engineers using mathematical models estimate the probability of becoming a victim due to alterations they propose to the floodplain. But, in the end, they are highly paid consultants trying to prove the viability of their recommendations to clients.

The public rarely has the knowledge or money to challenge their findings. The public must rely on elected representatives to protect them, the same representatives who receive immense campaign contributions from the engineering companies and their clients.

The High Cost of Failure

If the engineers get it wrong, which they often do, you, the taxpayer, not the developer, will pick up the tab.

If engineers always got it right, American government(s) wouldn’t spend $40–70 billion per year on disaster relief and flood mitigation.

And the shame of it is that floodplain preservation is almost always cheaper than flood mitigation and disaster recovery…by a huge margin.

The proposed Scarborough development is almost half as large as Kingwood. And almost all of it is in floodplains or floodways.

FEMA’s estimated feet above dry land for 100- and 500-year floods in the Scarborough area shown above.

Houston and Harris County have already passed unanimous resolutions against developing the Scarborough land. But it’s in Montgomery County, which has less stringent flood regulations.

Regardless, concerned Montgomery County residents have started a petition against the development.

Please join them by signing the petition today.

Change.org

Ask everyone you know to sign it, too. Help protect your home and family.

This is an election year. Let’s make elections painful for the people pushing this development. The best time to stop a problem is before it starts.

Posted by Bob Rehak on 6/7/2026

3204 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.

Still Time to Sign Petition Against Upstream Floodplain Development

5/02/26 – There’s still time to sign the petition against Scarborough’s 5300+ acre floodplain development upstream from the Lake Houston Area between Spring Creek and the San Jacinto West Fork. One of the region’s leading hydrologists told me that if it gets developed, it would be like aiming a firehose at Humble and Kingwood.

Why This Land Should Not Be Developed

This is one of the most flood-prone areas in the entire Houston region. See this 30-second video of wetlands that lace the area.

https://reduceflooding.com/wp-content/uploads/2026/05/Scarborough-20260502.mov

Also see FEMA’s pre-Atlas-14 flood map below.

Scarborough
Scarborough Area in center of FEMA’s Flood Hazard Layer Viewer. Crosshatch = floodway, Aqua = 100-year floodplain, Brown = 500-year.

New flood maps show the situation is even worse than it appears above. The area is about half the size of Kingwood and exceedingly flat.

Looking NW at Scarborough property at confluence of Spring Creek (l) and San Jacinto West Fork (r).

Near the confluence, dry land would be under at least 25 feet of water in another flood like Harvey.

From FEMA Base Flood Elevation Viewer

Just this morning, at 8 AM after a mere 4 inches of rain, the Harris County Flood Warning System showed the river was in danger of overflowing near the bridge – the only such channel in the area.

From HarrisCountyFWS.org at 8AM on 5/2/26

This is just a dangerous place to build, at least in my opinion.

GLO Backing Developer

Yet strangely, the Texas General Land Office, which is responsible for $14 billion dollars of HUD flood-mitigation money in Texas, is a financial partner in the development. Even worse, the GLO refuses to explain why, what the terms of its investment are, and how much of your tax money it has invested. Print out the poster below, and share it with your friends and family.

For a high res PDF suitable for printing, click here.

Please Sign Petition NOW

But above all, if you haven’t yet signed the petition protesting this development, do it NOW!

A Friendswood executive once told me they looked at extending Kingwood Drive across this property but gave up on the idea because it would have cost too much to do it safely.

So, read the details of the petition at Change.org and please sign it. It will only take a minute and could save your home someday. Not to mention, a lot of your tax dollars now.

Posted by Bob Rehak on 5/2/2026

3168 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.

Sign Petition to Reduce Your Flood Risk, Protect Floodplain

4/28/26 – To everyone in southern Montgomery County and the Lake Houston Area: please consider signing the petition discussed below concerning the proposed Scarborough Development. It may help preserve vital floodplains in your area, thereby reducing your flood risk.

Background on Proposed Development

A Dallas-based developer named Scarborough has purchased 5,300+ acres of land at the confluence of the San Jacinto West Fork and Spring Creek. Hydrologists say that developing this land would be like aiming a fire hose at the Humble/Kingwood area. Backwater effects could also increase flood risk for Montgomery County residents.

Harris County and City of Houston have already unanimously passed resolutions opposing development of this flood-prone land. However, the Texas General Land Office and School Land Board have reportedly pledged $140 million to help develop it.

Petition to Stop Government Secrecy Surrounding the Plan

Unfortunately, the GLO and Attorney General Paxton’s office are concealing details of how the state is spending your tax dollars to flood you.

This petition on change.org (https://c.org/77yd6YRMZ8) will help convey your concerns to Montgomery County and State leaders.

Please forward this link to everyone you know in the area and anyone concerned about open, transparent government.

Also, please talk this issue up at community events. The poster below summarizes key points.

Here’s the area purchased by Scarborough. See area outlined in red below.

Ryko drainage impact study illustration showing outline and floodplains.
Blue and gray shaded areas represent flood zones.

Cypress Creek, Spring Creek and the San Jacinto West Fork all converge here. Flood heights could reach 18 to 25 feet above dry land in this area.

FEMA BFE of Ryko Land at Confluence
Base Flood Elevations near confluence

Here are FEMA’s CURRENT effective floodplains and floodways.

Ryko Flood risk
Crosshatch = Floodway, Aqua = 100-year floodplain, Brown – 500-year floodplain.

However, keep in mind that that map is in the process of being replaced. New maps show even more of the property in more dangerous flood zones.

MAAPnext shows new flood maps based on post-Harvey data, with a slider that lets you see how much floodplains and floodways expanded across the southern portion of Scarborough’s land.

Please Help: Sign Petition Now

By signing this petition, you are advocating for responsible development that prioritizes the welfare of our community in Spring, TX and the surrounding areas of Kingwood, Humble and the Lake Houston area by preserving this land and keeping it as a green space.

Please help prevent a potentially disastrous project and ensure a more secure future for us all. Please sign this petition to make a stand against the Scarborough Lane Development. Now! It will only take a minute.

Posted by Bob Rehak on 4/28/2026

3164 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.

How U.S. Prioritizes Flood Mitigation Over Flood Prevention

4/4/26 – States, counties and communities across the U.S. prioritize flood mitigation over flood prevention, despite FEMA studies that have found prevention costs up to 5-6X less than correction. What types of costs?

Examples of Mitigation Costs

Examples of mitigation costs include:

  • Post-flood buyouts: Government often buys and demolishes homes after repeated flooding.
  • Levees/dams/detention basins/channel improvements: Expensive to build and maintain — and they can fail.
  • Flood insurance subsidies: Taxpayers often foot the bill via programs like the U.S. National Flood Insurance Program (NFIP), which is deeply in debt.

Examples of Prevention Costs/Strategies

Examples of much more cost-effective Prevention Strategies include:

  • Zoning restrictions to keep development out of high-risk zones.
  • Green infrastructure like wetlands that absorb floodwaters.
  • Elevated buildings or flood-resistant designs where development is unavoidable.
  • Parks, buying out land, and conservation easements before development occurs.
Kingwood’s East End Park provides habitat and recreation while improving the value of neighboring homes and distancing them from flooding.

While development in floodplains may seem cheaper at first, the long-term economic, environmental, and social costs almost always outweigh the initial savings.

National Subsidies Distort Local Priorities

So, why do the inverted priorities persist? The developer reaps the profit, but taxpayers bear the costs. Economists call it an “externality problem” when the production or consumption of a good, such as housing, imposes unintended costs or benefits on third parties not involved in the transaction.

In this case, the availability of cheap, nationally subsidized flood insurance distorted the market for floodplain properties by insulating buyers and lenders from the true costs of flooding.

And when flooding did happen, FEMA and HUD were there to help bail out local communities with hundreds of billions of dollars of flood mitigation grants.

As a result…

The U.S. chronically underinvests in mitigation and over-relies on post-disaster funding.

We see this economic and policy pattern across the U.S. and locally.

Scarborough Example

For instance, in the Lake Houston Area, residents are fighting a 5,300+ acre development upstream from the I-69 bridge where the San Jacinto West Fork, Spring Creek, Cypress Creek and Turkey Creek all converge. It is one of the most flood-prone parcels in south Texas and large parts of it have just been reclassified as “floodway.”

Unbelievably, the Texas General Land Office (GLO) is helping bankroll the development. The GLO is also responsible for distributing billions of dollars of federal flood-mitigation aid in Texas. (Somebody needs to write President Trump!)

For More Information

To learn more about the cost of prevention versus correction, see:

For more on other causes of flooding, see the Lessons page of ReduceFlooding.

Posted by Bob Rehak on 4/4/26

3140 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.

Floodplain Encroachment: Another Consistent Driver of Flooding Worldwide

4/1/26 – In my quest to summarize the most important “lessons learned” since Hurricane Harvey, here’s Lesson #3: Floodplain Encroachment. Floodplain encroachment is consistently rated one of the most important drivers of flooding worldwide. Think about it. If people didn’t build in floodplains, no one would flood. But that’s only part of the story. Floodplain development also changes flood assumptions for communities downstream.

Why People Build in Floodplains

Despite the risks, people worldwide build in floodplains. The land usually costs less. And it can yield extraordinary profits to developers lucky or persistent enough to obtain building permits.

After all, people pay premiums to live near water. Water views are prestigious, beautiful and soothing. Plus, historically, living near water translated to “security.” Water sustains life. The need for water is hard-wired into our DNA, our culture, and even our economy.

Bolivar after Ike
Once a thriving community. Destruction on Bolivar Peninsula in 2008. Storm surge 15 feet high during Hurricane Ike washed away homes and ripped storm sewers right out of the ground.

One in five Texans lives in a floodplain. And the World Meteorological Society estimates that 40% of the world’s population lives within 100 kilometers (62 miles) of a coastline.

Yet during Hurricane Ike in 2008, storm surge reached 30 miles inland in places. And despite being leveled, within 10 years, homes on the vulnerable Bolivar Peninsula had built back.

While I have focused primarily on the Houston Area, floodplain encroachment is a global problem. Nearly all growing metro areas encroach on floodplains – coastal or riverine.

Loss of Natural Storage Can Increase Downstream Flood Elevations

The problem isn’t just “putting people in harm’s way.” It’s also about the loss of natural floodplain storage. In riverine systems, floodplains function as temporary storage reservoirs during overbank flows.

Insufficiently mitigated development can remove that storage volume or prevent it from being accessed.

Apartments and commercial development along Houston’s Brays Bayou

That’s why after Harvey, Houston and Harris County changed floodplain regulations so developers couldn’t bring fill into floodplains. Fill displaces water. Nature compensates for the fill by increasing water surface elevations elsewhere.

Floodplain development can also reduce the duration of floodplain storage, resulting in faster, higher peaks downstream.

See examples below.

Mississippi Floodplain Development

Historically, the Mississippi River occupied a broad alluvial valley tens of miles across in places. It inundated seasonally . Floodplains functioned as massive, temporary storage reservoirs.

Encroachment occurred primarily through federal levee construction under the U.S. Army Corps of Engineers and urban/industrial development that occurred later behind the levees.

As a result, floodplain width narrowed dramatically. The levees confined the river’s flow into a narrower channel where floods moved higher and faster, often breaking through levees with devastating consequences.

Levee failure also played a major role in the inundation of New Orleans during Hurricane Katrina in 2005.

Floodplain encroachment can turn into a vicious feedback loop. Levees reduce frequent flooding. That attracts more investment and development behind the levees. But as the consequences of levee failure increase, there’s more pressure to build higher, stronger levees.

West Fork San Jacinto/Spring Creek Confluence

Closer to home for most of my readers, developers have recently been trying to figure out ways to develop 5,300 acres between the West Fork San Jacinto River and Spring Creek. Virtually the entire area is in floodplain or floodway. Though current flood maps don’t fully reflect the danger, FEMA’s new draft flood maps for the area show part of the property. See below.

Dark blue/gray = floodway. Dark green = 100-year floodplain. Light green = 500-year floodplain. From HCFCD MAAPnext.

A leading hydrologist in the area told me that developing this area would be like “aiming a fire hose at the Humble/Kingwood Area.”

It’s not clear yet what the developer has planned for the site. Both the Texas General Land Office (GLO) and the Texas Attorney General have denied FOIA requests for the plans.

According to State Rep. Steve Toth, the GLO invested $140 million in the development of the property. Ironically, the GLO also administers billions of flood-mitigation dollars in Texas. That creates not only a conflict of interest but a classic externality problem.

What is an Externality Problem?

An “externality problem” occurs when the production or consumption of a good, such as housing, imposes unintended costs or benefits on third parties not involved in the transaction. In economic terms, this leads to market inefficiencies. It is a form of market failure. Private costs/benefits differ from social costs/benefits.

For instance, sand mines help produce a raw material needed for concrete. It generates profit for producers. But in their zeal to maximize their profit, they mine too close to rivers and in a manner that exacerbates erosion and sedimentation.

Hallett Sand Mine complex on San Jacinto West Fork.
Hallett Mine on San Jacinto West Fork

Remediating that excess sedimentation has cost taxpayers more than $200 million for dredging. Miners have literally externalized their cleanup and safety costs.

It’s the same way with flooding. Developers profit from building in floodplains. And the vast majority try to do it safely.

Regardless, in 2023, the Joint Economic Committee of Congress estimates that each year flooding costs Americans between $179.8 and $496.0 billion. The total depends on the types of damage included, i.e., structural, lost economic output, infrastructure repairs, insurance losses, decreased tax revenues, transit, deaths, etc.

Breakdown of lower estimate from Joint Economic Committee, 6/10/2024 Report

Assuming the higher flood-damage estimate of nearly half of a trillion dollars, that represents 7% of last year’s entire federal budget. I’d sure like a 7% tax cut. April 15th is two weeks away!

For More Information

For more “lessons learned” about flooding since Harvey, see this website’s Lessons Page.

Posted by Bob Rehak on 4/1/2026

3137 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.

Editorial: The Secrecy Police and Flood Risk

3/16/26 – If you’ve ever requested public records via the Texas Public Information Act, you know how difficult obtaining them can be. Your success depends, to a large degree, on how embarrassing they could potentially be to a public official.

Want to know how the School Land Board, a group within the Texas General Land Office, got involved in a deal to develop 5300+ acres on some of the most flood-prone land in Southeast Texas that was owned by Scarborough Development? Good luck with that!

How Do They Explain This One?

I initially asked the GLO’s press office about it and was told the land wasn’t in the floodplain. After I showed them flood maps, the GLO “went dark,” as they say in the media business.

Scarborough Land in center from FEMA’s Flood Hazard Layer Viewer: Cross-hatched = Floodway. Aqua = 100-year floodplain, Brown = 500-year. Map dated 2014, pre-Harvey. New draft maps show even worse flooding.

This land lies at the confluence of four major waters: the San Jacinto West Fork, Spring Creek, Cypress Creek and Turkey Creek.

Floodplains Streams from Ryko Drainage Study

So, it’s not surprising that new flood maps recently updated by FEMA show dramatic expansion of both the floodway and floodplains.

Somebody Please Send a Wake-Up Call To Austin

Harris County and the City of Houston have already unanimously passed resolutions against developing the land.

Montgomery County Precinct 3 took a road through the proposed development off of its 2025 Road Bond.

MoCo Engineering demanded a second way into and out of the development, which a bridge across Spring Creek would have provided. But Harris County Flood Control did NOT approve building a bridge across Spring Creek.

One of the most respected hydrologists in the region has said that if the land gets developed, “it would be like aiming a firehose at Humble and Kingwood.”

At least two state reps have tried to get to the bottom of this with little success.

Nearby neighbors who got wind of the deal and fear flooding from it have been trying since 2025 to understand why the state got involved and what the extent of the state’s involvement is?

Stop Sign at the End of the Information Superhighway

The GLO did not produce the requested records for the neighbors. Instead, GLO asked the Texas Attorney General whether it had to release the records.

This morning, the neighbors received a letter from the AG’s office to Ms. Hadassah Schloss, Director of Open Government at the GLO. The letter to Ms. Schloss by Michelle Garza, Assistant Attorney General in the Open Records Division, says GLO does NOT have to produce the requested records.

So, at this point we don’t know:

  • Whether the deal is on or off
  • How much the state invested
  • If the investment is wise
  • Whether the state can back out without incurring a penalty
  • What options the GLO and developer are considering
  • Why the state contended the land was not in a floodplain even though FEMA Maps clearly show it is
  • Why a state agency charged with flood mitigation is investing in a development likely to make flooding worse.

I’ve never met Ms. Schloss. I’m sure she’s a nice person. But I couldn’t help noticing the irony in her name. In German, “Schloss” means a fortified castle with high walls, often surrounded by a moat to help fend off invading forces. Schloss can also mean “a lock,” as in “locked” doors. And yet, Ms. Schloss is the Director of Open Government for the GLO. But I digress.

Basically, we have government by secrecy.

Bob Rehak

We do know, however, that two executives of Scarborough Lane Development (Ryan Burkhardt and James R. Feagin), the Dallas-based developer behind the deal, made substantial contributions to the re-election campaigns of both Land Commissioner Dawn Buckingham and Governor Greg Abbott.

But hey! The secrecy police did their job.

Posted by Bob Rehak on 3/16/26

3121 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.

How Government Secrecy Contributes to Flooding

1/25/26 – One in every five Texans lives in a floodplain, according to the first Texas State Flood Plan. We have the second highest number of repetitive loss properties in the country, according to the Insurance Journal. And 30 states have populations smaller than the number of people living in Texas floodplains.

The number of floodplain dwellers in the San Jacinto watershed alone exceeds the entire populations of 15 states and the District of Columbia. And it’s not all because of rainfall, flat land, or our proximity to the Gulf. Government secrecy compounds those issues.

Purpose of FOIA and TPIA

While governments at all levels pay lip service to transparency, the reality can be quite different. Journalists and concerned citizens frequently have their Freedom of Information Act (FOIA) and Texas Public Information Act (TPIA) requests denied. Usually, the denials occur when they might embarrass someone in government. Yet that’s exactly why those two acts were passed decades ago. And that’s why we need to rededicate ourselves to openness.

State, County, Municipal Examples

Let me give you three recent examples.

Scarborough Land West of Kingwood

A Dallas-based company called Scarborough bought 5,300 acres at the confluence of Spring, Cypress and Turkey Creeks where they join the San Jacinto West Fork. Virtually all the land is in floodplains or floodways. The developer says the State of Texas is his partner.

Ryko drainage impact study illustration showing outline and floodplains.
Land purchased by Scarborough last year. All but the dark gray areas within the red are in floodplains or the floodway.

The Texas School Land Board invested an undisclosed amount of money for undisclosed terms in the development of the property.

The state has rebuffed attempts to discover why it is investing in the development of such dangerous property.

The Texas General Land Office oversees the School Land Board but has refused to clarify media requests and repeatedly appealed FOIA requests to Attorney General Ken Paxton. Paxton keeps finding reasons to avoid compliance with the spirit of the law.

The state even refused a request from a Texas representative. They demanded the lawmaker sign a non-disclosure agreement. The lawmaker found it so onerous, he said he refused to sign it.

Paxton has announced his intention to run for the U.S. Senate. And Dawn Buckingham, GLO Commissioner is running for re-election.

Harris County Flood Maps

The term “caveat emptor” (buyer beware) goes back 2,000 years to Roman times and became firmly embedded in English Common Law during the Middle Ages.

For people to know whether they’re buying land in a floodplain, they need access to current flood maps based on the best available information. But 8.5 years after Hurricane Harvey, Harris County Flood Control District has not released updated flood maps – effectively keeping buyers in the dark about their flood risk.

Houston Chronicle investigative reporter Yilun Cheng found that 65,000 homes have been built in Houston floodplains since Harvey. That number will also certainly grow when the County eventually releases new flood maps.

HCFCD has repeatedly ignored media requests for the new flood maps. The cover story is that their contract with FEMA prohibits release of the flood maps before FEMA vets them. But the County refuses to produce the contract. And other counties throughout Texas routinely publish “draft” maps, with the understanding that they are subject to revision by FEMA.

Romerica Land in Kingwood

Several years ago, Romerica bought more than 300 acres between Kingwood Lake and the San Jacinto West Fork. Virtually all of it lies in floodplains or floodways.

Yet the company has persisted in trying to develop it.

  • First, they wanted to build 25- to 50-story high rises around a marina that would hold boats too big to float on the West Fork.
  • Then, they wanted to build luxury homes on stilts, even though homes built on 25 foot stilts had already flooded.
  • Recently, they announced plans to build a 500,000 square foot, two-hotel complex surrounded by 125 luxury, 8,600 square foot villas.

Even though the most recent plan is on Romerica’s highest ground, the swampland still floods badly and repeatedly.

Romerica in May 2024 Flood
Location of Romerica’s proposed new development in May of 2024

When Sylvester Turner was Mayor, he reportedly instructed Public Works not to approve any building permits for the property. Turner had personally seen how badly that area flooded.

But now Houston Public Works has approved a preliminary drainage survey for the two hotels (including a Fairmont) and 125 massive villas.

Public Works also recommended a plat variance that could limit emergency access. And Public Works denied my FOIA request for Romerica’s drainage analysis and asked the Attorney General (AG) to support their denial. Regardless, I obtained a copy through another resident that Public Works gave the study to.

Refusing my FOIA request was hilarious. In their letter to the AG, an assistant City Attorney cited information I didn’t even request to enhance her chances of keeping the study secret. Public Works even refused to supply a copy of the drainage analysis to Houston City Council Member Fred Flickinger.

I have obtained similar drainage studies from Harris, Montgomery and Liberty Counties without such objections.

Illusion of Transparency

Usually, when people have nothing to hide, they quickly volunteer information. When they withhold information, they might have a valid reason. More likely, in my experience, they may have something to hide.

FOIA was passed in 1966 to shift the presumption of government information from secrecy to disclosure. Its core purpose was to give citizens, journalists, and Congress a legal mechanism to see how the government actually operates—rather than relying on voluntary or selective releases.

Before FOIA, government information was disclosed at agency discretion. After FOIA, disclosure became the default.

FOIA passed because Congress concluded that a rapidly expanding federal bureaucracy had become too secretive, too insulated, and too powerful—and that democracy required legally enforceable transparency, not voluntary disclosure.

TPIA passed in 1973 in direct response to the Sharpstown Stock Fraud Scandal. It involved so many officials that public trust in government collapsed. At the time, Texas governments considered transparency a courtesy, not a right.

Newspapers across Texas demanded reform. Voters were openly angry. Lawmakers feared losing office. Reform candidates surged in the 1973 elections. But according to many journalists and activist groups, transparency laws were imposed on a system that never truly wanted them.

Texas recently required creation of a searchable database of letter rulings under House Bill 3033, but as of January 23, 2026, Paxton’s office had only gotten up to 2023. None of the PDFs would open. And HTML files were unavailable.

Screen capture from Rulings website. Site froze when I tried to open first PDF.

According to his office, Paxton received 40,000 appeals of open records requests in 2023 alone. So, there’s no way to determine whether Paxton’s office exhibits a systematic bias for or against TPIA requests. However, 40,000 is a shocking number. It shows how frequently local and county jurisdictions want to keep matters secret.

Why This Matters for Floodplain Development Issues

Texas adopted transparency laws in 1973 for the same reason they matter today:

Decisions affecting land, money, and power tend to drift toward secrecy without legal force.

In floodplain development, appeals of FOIA and TPIA requests commonly cite the privacy of developer studies as the reason for not releasing them. But in my humble opinion once a government official stamps such a study “approved,” the public should have the right to see the basis for the approval. Anything less is government by secrecy.

In the case of flood safety, such secrecy can destroy lives, homes, and life savings. And the statistics in the first two paragraphs of this post prove it.

Posted by Bob Rehak on 1/25/2026

3071 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.

GLO Transparency Claim Leaves Supporters Scratching Heads

1/6/2026 – The Texas General Land Office (GLO) which manages more than $14 billion of flood mitigation funds has invested in the development of flood-prone land. But it won’t explain why, even as the agency proclaims “transparency above everything.”

Partnership with Developer of Flood-Prone Land

Since 2020, I have posted more than 40 articles about the 5,000+ flood-prone acres west of Kingwood, virtually all of it in the floodways and floodplains of Spring and Cypress Creeks where they join the San Jacinto West Fork. For many years, the property was owned by a Syrian developer called Ryko and its sister company, Pacific Indio Properties. They wanted to build 7,000 homes on it.

However, they ran into repeated physical and political development challenges having to do with floodplains, floodways, streams, wetlands, emergency access and more. On August 18, 2025, they quietly sold the property to a Dallas-based developer named Scarborough and one of its sister companies, San Jacinto Preserve, LP.

What wasn’t clear at the time was that the Texas General Land Office (GLO) and a state board it oversees, the School Land Board (SLB), partnered with the buyers to purchase the flood-prone land and develop it. That’s significant because the GLO also administers more than $14 billion of flood-mitigation funds for the U.S. Department of Housing and Urban Development (HUD) – an apparent conflict of interest.

As word leaked out, the GLO stonewalled public-information requests. They appealed Freedom of Information Act requests to Texas Attorney General Ken Paxton’s office. Paxton’s office upheld the GLO’s right to conceal the nature and extent of the GLO/SLB involvement.

I could find no mention of the State Land Board partnership with Scarborough in meeting minutes or agendas posted online. However, I did find one reference in an unaudited financial report. It said…

“Scarborough Lane Development and the School Land Board entered into a partnership in August 2025 for the development of a master planned community. The partnership acquired approximately 5,317 acres in Montgomery County.”

Page 71 of unaudited GLO Financial Annual Report dated August 31, 2025, two weeks after the purchase.

That’s it…32 words about an investment reportedly totaling close to $140 million.

So, I started digging. I wanted to know how the GLO reconciled the apparent conflict between:

  • Managing more than $14 billion of federal and state flood-mitigation dollars
  • Investing in the development of flood-prone properties.

But the deeper I dug, the deeper the GLO seemed to dig in.

Initial Response

On 12/19/25, the GLO issued this statement.

“This investment was approved by the School Land Board (SLB) pursuant to Chapter 51 of the Texas Natural Resources Code (TNRC). The GLO’s investment in this project through the SLB as a limited partner was contingent upon Montgomery County’s approval of the drainage study, which was successfully completed in July 2025. As Land Commissioner, I am committed to preventing future flooding. We are meeting with stakeholders and have heard the local concerns regarding this project. Our agency is dedicated to serving the best interests of the community.” Commissioner Dawn Buckingham, MD

However, I learned via FOIA requests to Montgomery County that the county did NOT actually approve a full drainage study in July 2025. The county engineer’s letter listed three pages of things Ryko would have to do to get approval. At the time, the new owners were relying on a preliminary drainage study provided by the previous owners.

It had gaps, to say the least. Either no one at the SLB read the letter or they didn’t know I had it. So, I sent them the letter and asked how they could call that “successfully completed.” They never directly answered that concern.

Nor did they explain why they invested in the project! When I asked…

Second Response

On 12/30/25, I received a second statement from the GLO. It read:

“Recognizing how important Montgomery County is to Texas, the School Land Board (SLB) wanted to bring economic development and opportunity to the area with this project. The board was confident we could mitigate flooding risks. However, we have heard and want to be sensitive to the public’s concern over flooding. At this time, we have decided not to move forward with the development as planned.” — Commissioner Dawn Buckingham, MD 

So…we went from “successfully completed” a drainage study (past tense) to “confident we COULD mitigate flooding risks” (future conditional tense).

But there’s another problem. The response seemed to conclude on a positive note. “We have decided not to move forward with the development…” Then I noticed “as planned.”

So, I asked what Buckingham meant by “as planned.” I specifically asked whether the GLO was pulling out of the development or modifying it to find a compromise between economic development and flood mitigation. So I asked.

Third Response

The GLO press office next emailed a statement on 1/5/26. Their legal counsel said this:

“As a limited partner, the GLO cannot halt this project altogether. The agency is in discussions with our partners to evaluate all available future options for this tract to address the raised concerns.” – Nameless GLO lawyer

Three problems:

  • Note the “S” on partner, making it plural. From this, I deduce that the GLO is now discussing options with Scarborough and at least one other partner. Who? Montgomery County? HUD? The Texas Water Development Board? Texas Parks & Wildlife? Someone else?
  • Whose concerns? The unnamed partners’ concerns? Or the public’s?
  • It’s unclear what kind of options are on the table.

However, it is clear the project has not been cancelled yet as the previous statement implied.

Transparency Issue

At this point, we know that a state agency charged with administering billions of dollars in flood mitigation funds has helped purchase flood-prone land for the purposes of development.

But, there’s a huge transparency issue. We still don’t know:

  • Whose money they used to help purchase the land
  • How much they invested
  • Why
  • What commitments the GLO made
  • What the plans are
  • What happens to the investment if the project fails?

Yet the GLO’s website proudly proclaims “transparency above everything”.

Ignoring issues like these undermines trust in government. If this is such a good deal, why isn’t Commissioner Dawn Buckingham holding a press conference about it?

Why the Fuss?

I talked to one retired, highly respected developer who looked at this land decades ago. He said “development just doesn’t make economic sense.” The area is one of the most flood-prone in the region.

Ryko and its sister company, Pacific Indio Properties, tried to develop the property below for years without luck.

Ryko drainage impact study illustration showing outline and floodplains.
Within the red outline, only dark gray areas are elevated above floodplains. But blue and lighter gray areas are in floodplains or floodways.

Those floodplains and floodways will expand significantly – likely by 50% to100% – when FEMA adopts new maps based on Atlas-14 data. See FEMA’s old map below.

From FEMA’s Flood Hazard Layer Viewer. Map dated 2014. Scarborough land in center. Brown = 500-year floodplain, Aqua = 100-year, Cross-hatched = Floodway.

In addition to floodplain and floodway issues, the property has wetland issues.

From the National Wetlands Inventory. Note solid green areas – the wetlands – as well as numerous ponds and streams within the property. All raise development uncertainty and costs.

“Like Aiming a Firehose at Kingwood and Humble”

One of the most respected hydrologists in the region said that “if this property ever got developed, it would be like aiming a firehose at Kingwood and Humble.”

You would think that would be a concern for an area where floodwaters rose 27 feet and killed 15 people. But unlike officials in neighboring areas, the GLO has never publicly discouraged development of this land. Instead, they’re investing in the development of it!

Concerns Expressed by Neighboring Officials

In addition to the physical challenges, Scarborough and the GLO face many political challenges.

  • The Houston Planning Commission has not approved the developer’s general plan or plats.
  • Harris County unanimously approved a resolution urging Montgomery County to apply stricter Harris County floodplain standards to the development.
  • Houston City Council unanimously approved a strongly worded resolution OPPOSING the Scarborough Development.
  • Precinct 3 Commissioner Ritch Wheeler took an extension of Townsen Blvd off the 2025 Montgomery County Road Bond to make development more difficult.
  • The Montgomery County Engineer is demanding an alternative evacuation route.
  • Harris County will not permit a bridge across Spring Creek that the developer needs as an alternative evacuation route.

Even people who normally support Commissioner Dawn Buckingham are scratching their heads over this deal and the GLO’s concealment of information that should be public.

Posted by Bob Rehak on 1/6/2026

3052 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.