| Revision as of 20:28, 5 January 2023 editArmistead Easterby (talk | contribs)39 editsm →Government-Induced Flooding Litigation← Previous edit | Latest revision as of 10:18, 24 March 2024 edit undoCitation bot (talk | contribs)Bots5,406,839 edits Altered template type. Added newspaper. | Use this bot. Report bugs. | Suggested by Abductive | Category:Use American English from March 2024 | #UCB_Category 398/960 | ||
| (8 intermediate revisions by 3 users not shown) | |||
| Line 1: | Line 1: | ||
| {{Use mdy dates|date=March 2024}} | |||
| {{Use American English|date=March 2024}} | |||
| {{Infobox body of water | {{Infobox body of water | ||
| | name = Addicks Reservoir | | name = Addicks Reservoir | ||
| | image = | |||
| | caption = | |||
| | image_bathymetry = | |||
| | caption_bathymetry = | |||
| | location = ], ],<br>] | | location = ], ],<br>] | ||
| | coords = {{coord|29.7908|N|95.6236|W|region:US-TX_type:waterbody_source:gnis|display=inline,title}} | | coords = {{coord|29.7908|N|95.6236|W|region:US-TX_type:waterbody_source:gnis|display=inline,title|format=dms}} | ||
| | type = ] | | type = ] | ||
| | inflow = | |||
| | outflow = | |||
| | catchment = | |||
| | basin_countries = United States | | basin_countries = United States | ||
| | length = | |||
| | width = | |||
| | area = | |||
| | depth = | |||
| | max-depth = | |||
| | volume = | |||
| | residence_time = | |||
| | shore = | |||
| | elevation = | |||
| | islands = | |||
| | cities = | |||
| | frozen = | |||
| | pushpin_map = USA Texas | | pushpin_map = USA Texas | ||
| | pushpin_map_alt = Location of reservoir in Texas, United States | | pushpin_map_alt = Location of reservoir in Texas, United States | ||
| }} | }} | ||
| ] | ] | ||
| The '''Addicks Reservoir''' and Addicks Dam in conjunction with the ] prevent downstream flooding of ] in the |
The '''Addicks Reservoir''' and Addicks Dam in conjunction with the ] prevent downstream flooding of ] in the city of ], ]. Both ]s were authorized under the ] of June 20, 1938, which was modified by the Flood Control Acts of ], ], and ]. The ] (USACE) completed construction of Addicks Dam and the outlet facility in 1948.<ref>{{cite web|url=https://www.hcfcd.org/projects-studies/addicks-reservoir/|publisher=Harris County Flood Control District|title= Addicks Reservoir|accessdate=2018-10-05}}</ref> | ||
| ==Location== | ==Location== | ||
| Addicks Reservoir is situated on the north side of ]. It extends slightly north of Clay Road |
Addicks Reservoir is situated on the north side of ]. It extends slightly north of Clay Road and between Barker-Cypress Road to the west and ] to the east. ] (SH 6) bisects the reservoir north to south. In addition to the Reservoir's flood damage reduction mission, recreation and nature observation opportunities abound through the approximately {{Convert|26000|acre|ha}} of land that makes up Addicks and Barker reservoirs, which are often dry wooded areas in normal times.<ref>{{cite news|last1=Grabar|first1=Henry|title=What Happened to the Two Reservoirs That Were Supposed to Protect Downtown Houston?|url=http://www.slate.com/blogs/moneybox/2017/08/28/what_happened_to_the_reservoirs_that_were_supposed_to_protect_downtown_houston.html|accessdate=29 August 2017|work=]|date=28 August 2017}}</ref> The ] is located within the western edge of the Addicks Reservoir, between Barker-Cypress Road and SH 6. | ||
| The Addicks Reservoir spillway is located at |
The Addicks Reservoir spillway is located at {{coord|29|47|26|N|95|37|24|W|type:landmark}} and releases the remainder of Bear Creek just north of Buffalo Bayou. | ||
| Addicks Reservoir and Dam get their name from the former town of ], named after its original postmaster, Henry Addicks.<ref>{{Cite web|url=http://texasescapes.com/TexasGulfCoastTowns/Addicks-Texas.htm|title = Addicks, Texas, and Bear Creek}}</ref> | Addicks Reservoir and Dam get their name from the former town of ], named after its original postmaster, Henry Addicks.<ref>{{Cite web|url=http://texasescapes.com/TexasGulfCoastTowns/Addicks-Texas.htm|title = Addicks, Texas, and Bear Creek}}</ref> | ||
| ==Construction== | ==Construction== | ||
| Addicks Reservoir is formed by a rolled earthen dam {{convert|61666|ft}} long and above the streambed. A {{convert|12|ft|m|adj=mid|-wide}} gravel road extends along the top of the dam. |
Addicks Reservoir is formed by a rolled earthen dam {{convert|61666|ft|m}} long and above the streambed. A {{convert|12|ft|m|adj=mid|-wide}} gravel road extends along the top of the dam. The top of the dam has a maximum elevation of {{convert|121|ft|m}} above the ] (NAVD 1988) and is almost {{Convert|50|ft|m}} high in points.<ref>{{cite magazine|last1=Rogers|first1=Adam|title=With Harvey, Imperfect Engineering Meets a Perfect Storm|url=https://www.wired.com/story/houston-dams-probable-maximum-flood-vs-500-year-flood/|accessdate=31 August 2017|magazine=]|date=29 August 2017}}</ref><ref name=":0">{{Cite web|url=http://www.swg.usace.army.mil/Portals/26/docs/Cheryl%20Jaynes/Review%20Plans%20(PED)/Addicks%20and%20Barker%20PED%20Review%20Plan%20(8Nov13).pdf|title=REVIEW PLAN FOR ADDICKS AND BARKER DAMS|last=Army Corps of Engineers|date=November 8, 2013|website=|archive-url=|archive-date=|access-date=October 7, 2017}}</ref> The maximum storage capacity of the reservoir is {{convert|201000|acre-ft|GL|lk=on}},<ref> {{webarchive|url=https://web.archive.org/web/20090618002710/http://www.swg.usace.army.mil/Addicks/ |date=2009-06-18 }} United States Army Corps of Engineers. Last accessed July 18, 2012.</ref> The record high water level for the reservoir prior to ] was {{convert|123100|acre-ft|GL}}, set on April 24, 2016.<ref>. U.S. Geological Survey. Last accessed April 27, 2016.</ref> | ||
| During Hurricane Harvey, the level peaked at 109.1 |
During Hurricane Harvey, the level peaked at {{Convert|109.1|ft|m}} on August 30, 2017, becoming the highest recorded level for Addicks Reservoir.<ref>{{Cite web|url=https://waterdata.usgs.gov/tx/nwis/uv?cb_00054=on&cb_62615=on&cb_62615=on&format=gif_default&site_no=08073000&period=&begin_date=2017-08-29&end_date=2017-09-01|title=USGS 08073000 Addicks Res nr Addicks, TX|last=National Water Information System|date=August 30, 2017|website=|archive-url=|archive-date=|access-date=October 7, 2017}}</ref> Water retention at this level was {{convert|217500|acre-ft|GL}}. Combined with the adjacent ] to the southwest, the total storage capacity is about {{convert|410000|acre-ft|GL}}.<ref>, ], 2008. Last accessed May 4, 2009.</ref> | ||
| From 2008 to 2014, the |
From 2008 to 2014, the USACE Galveston District implemented $4.4 million (equivalent to ${{Formatprice|{{Inflation|US-GDP|4400000|2014}}}} in {{Inflation/year|index=US-GDP}}{{Inflation/fn|index=US-GDP}}) in interim risk reduction measures (at Addicks and Barker dams) to address deficiencies until long-term solutions could be identified and executed. In 2014, staff completed a Dam Safety Modification Study to evaluate long-term repairs and address issues associated with the dams. Staff presented this information during a public meeting on October 29 at Bear Creek Community Center in Houston to discuss these plans and gather feedback. Construction is scheduled to begin in May 2015 with an estimated completion date of 2019. | ||
| The northern and western ends of the dam consist of roller-compacted concrete spillways. |
The northern and western ends of the dam consist of roller-compacted concrete spillways. The existing ground at either end of Addicks Dam is lower than the top of the dam elevation. The existing ground at the north end of Addicks Dam is at an elevation of {{Convert|108|ft|m}} and ties into the concrete spillway crest at {{Convert|112.5|ft|m}}. The existing ground at the western end is at an elevation of {{Convert|111.0|ft|m}} and ties into the concrete spillway which has a crest of {{Convert|115.5|ft|m}}. (All elevations are NAVD 1988.)<ref name=":0" /> | ||
| ==Controlled release== | ==Controlled release== | ||
| On August 28, 2017, during flooding from ], |
On August 28, 2017, during flooding from ], ] began controlled water releases at both the Addicks and ]<nowiki/>reservoirs, in an attempt to manage flood levels in the immediate area.<ref>{{cite press release|url=http://www.swg.usace.army.mil/Media/News-Releases/Article/1291369/corps-releases-at-addicks-and-barker-dams-to-begin/ |title=Corps Releases at Addicks and Barker Dams to begin |publisher=United States Army Corps of Engineers |date=August 28, 2017 |accessdate=August 28, 2017}}</ref> The waters continued to rise, and on August 29, after reaching pool elevation over {{Convert|108|ft|m}} above ], the Addicks Reservoir began around the end of the dam near Tanner Road. Flows less than {{Convert|100|ft3/s|L/s}} were detected at the spillway. In the afternoon of August 29, 2017, USACE decided to raise the controlled release rates to {{Convert|16000|ft3/s|L/s}}. As of August 30, 2017, combined controlled discharge rates of Barker and Addicks were {{Convert|13700|ft3/s|L/s}}, and subdivisions surrounding the outlets and downstream past Beltway 8/Sam Houston Tollway experienced significantly increased flooding as Buffalo Bayou further overtopped its banks.<ref>{{Cite news|url=https://www.bbc.co.uk/news/world-us-canada-41081629|title=Houston flood: Dams begin overflowing amid record rainfall|work=BBC News|date=29 August 2017}}</ref> | ||
| ==Benefits== | ==Benefits== | ||
| It is estimated the Addicks and Barker |
It is estimated the Addicks and Barker reservoirs, along with other federal construction projects on Buffalo Bayou and its tributaries, prevent average annual flood damages of $16,372,000<ref> {{webarchive |url=https://web.archive.org/web/20090618002710/http://www.swg.usace.army.mil/Addicks |date=June 18, 2009 }}, Last accessed January 1, 2011</ref> to the city of Houston. | ||
| ==Recreation== | ==Recreation== | ||
| Several parks are scattered throughout the reservoir, including ] along with hike/bike/horse trails. There is a paved bicycle trail going alongside the reservoir, with the |
Several parks are scattered throughout the reservoir, including ] along with hike/bike/horse trails. There is a paved bicycle trail going alongside the reservoir, with the trailhead being located next to Sherwood Elementary School. | ||
| ==Development controversy== | ==Development controversy== | ||
| When the Addicks and Barker |
When the Addicks and Barker reservoirs were originally constructed, USACE acquired approximately {{Convert|24500|acre|ha}} of land even though, at the time, it was known that an additional {{Convert|8000|acre|ha}} could be inundated at full pool. Initially, these additional acres were largely agricultural land where the consequences of flooding would be minimal. Harris County and Houston City authorities permitted developers to build residential neighborhoods (such as the ]) on this privately-owned land within the basins of the reservoirs. Today, about 14,000 homes are located inside the reservoir basins. Many residents complained after Hurricane Harvey that they were not informed that their homes were located inside a reservoir basin. Beginning in the 1990s, ], which contains a portion of Barker Reservoir, began requiring that ] documents for land within the basin carry a one-sentence disclosure of possible "controlled inundation".<ref>{{cite web |last1=Satija |first1=Neena |last2=Collier |first2=Kiah |last3=Shaw |first3=Al |title=Houston officials knew homes in the Addicks and Barker reservoirs could flood. Why didn't residents? |url=https://apps.texastribune.org/harvey-reservoirs/ |website=The Texas Tribune |accessdate=23 January 2019 |language=en |date=12 October 2017}}</ref> | ||
| ==Government- |
==Government-induced flooding and ensuing litigation== | ||
| During and after Hurricane Harvey, |
During and after Hurricane Harvey, {{Convert|7000|acre|ha}} of private upstream land was deliberately submerged by the USACE operation of the Addicks and Barker dams and reservoirs.<ref>{{cite web |last1=Cavender |first1=Anthony |title=Court of Federal Claims: Upstream Hurricane Harvey Case Will Proceed to Trial |date=13 June 2018 |url=https://www.gravel2gavel.com/court-of-federal-claims-upstream-hurricane-harvey-case-will-proceed-to-trial/ |accessdate=13 June 2019}}</ref> In response, upstream property owners filed a series of lawsuits in the ] (CFC), seeking to hold the US government liable for the induced flooding under the "]" of the ].<ref>{{cite web |last1=Grinberg |first1=Emanuella |title=Their Neighborhood was flooded to save Houston |website=] |date=25 August 2019 |url=https://www.cnn.com/2019/08/25/us/hurricane-harvey-addicks-barker-litigation/index.html |accessdate=25 August 2019}}</ref> | ||
| Given the large number of |
Given the large number of lawsuits, the CFC decided to handle the cases as a group by using case management methods commonly employed in multi-district litigation.<ref>{{cite web |last1=Lettow |first1=Charles |title=Opinion and Order Denying Motion to Dismiss |date=24 May 2018 |url=https://ecf.cofc.uscourts.gov/cgi-bin/show_public_doc?2017cv9001-120-0}}</ref> To that end, and after considering hundreds of applications, the CFC appointed attorneys Armistead "Armi" Easterby, Daniel Charest, and Charles Irvine to serve as co-lead trial counsel for upstream plaintiffs.<ref>{{cite news |last1=Ward |first1=Alyson |title=Lead attorneys appointed in Hurricane Harvey flood litigation |newspaper=Chron |date=22 November 2017 |url=https://www.chron.com/news/article/Lead-attorneys-appointed-in-Hurricane-Harvey-12376140.php |accessdate=22 November 2017}}</ref> The CFC also selected 13 property owners for a ] to determine causation and liability issues common to the upstream property owners.<ref>{{cite web |last1=Langford |first1=Cameron |title=Trial Over Hurricane Flooding in Houston Wraps Up |url=https://www.courthousenews.com/trial-over-hurricane-flooding-in-houston-wraps-up/|accessdate=13 September 2019}}</ref> | ||
| Federal Claims Judge ] presided over the May 2019 liability trial, which was held in Houston, Texas.<ref>{{cite |
Federal Claims Judge ] presided over the May 2019 liability trial, which was held in Houston, Texas.<ref>{{cite news |last1=Banks |first1=Gabrielle |title=Harvey Victims tell judge no one told them they were living in a designated flood pool, say government is liable |newspaper=Houston Chronicle |date=13 May 2019 |url=https://www.houstonchronicle.com/news/houston-texas/houston/article/Hurricane-Harvey-victims-tell-judge-no-one-told-13842667.php |accessdate=13 May 2019}}</ref> On December 17, 2019, the CFC held that the upstream flooding constituted a Fifth Amendment taking.<ref>{{cite web |last1=Lettow |first1=Charles |title=Post-Trial Decision; Government-Induced Flooding on Private Property |url=https://ecf.cofc.uscourts.gov/cgi-bin/show_public_doc?2017cv9001-260-0 |publisher=U.S. Court of Federal Claims |accessdate=12 December 2019}}</ref> The decision detailed how US government officials knowingly and intentionally imposed flooding on upstream private property and that the victims living near the federally-owned reservoirs did not know their property was in a federal flood-control project's reservoir flood pool.<ref>{{cite news |last1=Banks |first1=Gabrielle |title=In victory for Harvey victims, Army Corps found liable for flooding damage upstream of Addicks, Barker reservoirs |newspaper=Houston Chronicle |date=17 Dec 2019 |url=https://www.houstonchronicle.com/news/houston-texas/houston/article/In-victory-for-Harvey-victims-U-S-Army-Corps-14913223.php}}</ref> During trial, government lawyers stated this litigation is the largest Fifth Amendment "Takings Clause" case in US history.<ref>{{cite news |last1=Banks |first1=Gabrielle |title=In victory for Harvey victims, Army Corps found liable for flooding damage upstream of Addicks, Barker reservoirs |newspaper=Houston Chronicle |date=17 Dec 2019 |url=https://www.houstonchronicle.com/news/houston-texas/houston/article/In-victory-for-Harvey-victims-U-S-Army-Corps-14913223.php}}</ref> | ||
| In June 2022, Judge Lettow presided over a |
In June 2022, Judge Lettow presided over a two-week trial addressing the amounts owed to six bellwether plaintiffs by the US under the Fifth Amendment's "Takings Clause".<ref>{{cite web |last1=Langford|first1=Cameron |title= Trial begins to quantify losses of Houstonians flooded by government dams |date=31 May 2022 |url= https://www.courthousenews.com/trial-begins-to-quantify-losses-of-houstonians-flooded-by-government-dams/}}</ref> In October 2022, the CFC issued its just compensation decision finding in favor of the bellwether plaintiffs.<ref>{{cite web |last1=Lettow |first1=Charles |title= Post-Trial Decision on Just Compensation for Six Bellwether Plaintiffs |date=28 October 2022 |url= https://ecf.cofc.uscourts.gov/cgi-bin/show_public_doc?2017cv9001-581-0}}</ref> The six bellwether plaintiffs received awards for decreased real property values, damaged or destroyed personal property, and costs for the owners being displaced.<ref>{{cite web |last1=Monterose|first1=Isaac |title= Feds must pay $450k for Texas Reservoirs Flooding Properties |date=31 October 2022 |url= https://www.law360.com/articles/1544947/}}</ref> Total compensation for the around 10,000 upstream property owners who suffered government-induced flooding could reach or exceed $1.7 billion before interest.<ref>{{cite web |last1=Clarke |first1=Deven |title= Federal judge awards compensation for Hurricane Harvey victims upstream from Addicks, Barker dams |date=3 November 2022 |url= https://www.click2houston.com/news/local/2022/11/03/federal-judge-awards-compensation-for-hurricane-harvey-victims-upstream-from-addicks-barker-dams}}</ref> The six-year statute of limitations for filing a lawsuit in the CFC is set to expire in August 2023.<ref>{{cite web |title= 28 U.S.C. § 2501 - Time for filing suit|date=7 July 2004 |url= https://www.law.cornell.edu/uscode/text/28/2501}}</ref> | ||
| ==Buffalo Bayou |
==Buffalo Bayou and Tributaries Resiliency Study Interim Report== | ||
| In October 2020, |
In October 2020, USACE published an interim report regarding the Addicks and Barker dams and reservoirs. The interim report states that high reservoir water levels resulting from USACE's operation of the Addicks and Barker dams "pose unacceptable risks to health and human safety, private property, and public infrastructure" and that "future economic damages from flooding are likely" in the upstream area. The interim report further indicates that there is inadequate government-owned real estate for dam operations, as more than 20,000 homes and 24,000 parcels of privately owned upstream land are within the areas subject to government-induced flooding. The total acquisition cost to acquire these lands would be approximately $10 billion.<ref>{{cite web |title=Interim Report |url=https://www.swg.usace.army.mil/Portals/26/BBTnT_Interim_Report_202001001_Final_1.pdf}}</ref> | ||
| ==References== | ==References== | ||
Latest revision as of 10:18, 24 March 2024
Reservoir in Texas, United States
| Addicks Reservoir | |
|---|---|
  Addicks Reservoir | |
| Location | Houston, Texas, United States |
| Coordinates | 29°47′27″N 95°37′25″W / 29.7908°N 95.6236°W / 29.7908; -95.6236 |
| Type | Reservoir |
| Basin countries | United States |
The Addicks Reservoir and Addicks Dam in conjunction with the Barker Reservoir prevent downstream flooding of Buffalo Bayou in the city of Houston, Texas. Both reservoirs were authorized under the Rivers and Harbors Act of June 20, 1938, which was modified by the Flood Control Acts of 1938, 1954, and 1965. The US Army Corps of Engineers (USACE) completed construction of Addicks Dam and the outlet facility in 1948.
Location
Addicks Reservoir is situated on the north side of Interstate 10. It extends slightly north of Clay Road and between Barker-Cypress Road to the west and Beltway 8/Sam Houston Tollway to the east. State Highway 6 (SH 6) bisects the reservoir north to south. In addition to the Reservoir's flood damage reduction mission, recreation and nature observation opportunities abound through the approximately 26,000 acres (11,000 ha) of land that makes up Addicks and Barker reservoirs, which are often dry wooded areas in normal times. The West Houston Airport is located within the western edge of the Addicks Reservoir, between Barker-Cypress Road and SH 6.
The Addicks Reservoir spillway is located at 29°47′26″N 95°37′24″W / 29.79056°N 95.62333°W / 29.79056; -95.62333 and releases the remainder of Bear Creek just north of Buffalo Bayou.
Addicks Reservoir and Dam get their name from the former town of Addicks, Texas, named after its original postmaster, Henry Addicks.
Construction
Addicks Reservoir is formed by a rolled earthen dam 61,666 feet (18,796 m) long and above the streambed. A 12-foot-wide (3.7 m) gravel road extends along the top of the dam. The top of the dam has a maximum elevation of 121 feet (37 m) above the North American Vertical Datum of 1988 (NAVD 1988) and is almost 50 feet (15 m) high in points. The maximum storage capacity of the reservoir is 201,000 acre-feet (248 GL), The record high water level for the reservoir prior to Hurricane Harvey was 123,100 acre-feet (151.8 GL), set on April 24, 2016.
During Hurricane Harvey, the level peaked at 109.1 feet (33.3 m) on August 30, 2017, becoming the highest recorded level for Addicks Reservoir. Water retention at this level was 217,500 acre-feet (268.3 GL). Combined with the adjacent Barker Reservoir to the southwest, the total storage capacity is about 410,000 acre-feet (510 GL).
From 2008 to 2014, the USACE Galveston District implemented $4.4 million (equivalent to $5.58 million in 2023) in interim risk reduction measures (at Addicks and Barker dams) to address deficiencies until long-term solutions could be identified and executed. In 2014, staff completed a Dam Safety Modification Study to evaluate long-term repairs and address issues associated with the dams. Staff presented this information during a public meeting on October 29 at Bear Creek Community Center in Houston to discuss these plans and gather feedback. Construction is scheduled to begin in May 2015 with an estimated completion date of 2019.
The northern and western ends of the dam consist of roller-compacted concrete spillways. The existing ground at either end of Addicks Dam is lower than the top of the dam elevation. The existing ground at the north end of Addicks Dam is at an elevation of 108 feet (33 m) and ties into the concrete spillway crest at 112.5 feet (34.3 m). The existing ground at the western end is at an elevation of 111.0 feet (33.8 m) and ties into the concrete spillway which has a crest of 115.5 feet (35.2 m). (All elevations are NAVD 1988.)
Controlled release
On August 28, 2017, during flooding from Hurricane Harvey, USACE began controlled water releases at both the Addicks and Barkerreservoirs, in an attempt to manage flood levels in the immediate area. The waters continued to rise, and on August 29, after reaching pool elevation over 108 feet (33 m) above NAVD 1988, the Addicks Reservoir began around the end of the dam near Tanner Road. Flows less than 100 cubic feet per second (2,800 L/s) were detected at the spillway. In the afternoon of August 29, 2017, USACE decided to raise the controlled release rates to 16,000 cubic feet per second (450,000 L/s). As of August 30, 2017, combined controlled discharge rates of Barker and Addicks were 13,700 cubic feet per second (390,000 L/s), and subdivisions surrounding the outlets and downstream past Beltway 8/Sam Houston Tollway experienced significantly increased flooding as Buffalo Bayou further overtopped its banks.
Benefits
It is estimated the Addicks and Barker reservoirs, along with other federal construction projects on Buffalo Bayou and its tributaries, prevent average annual flood damages of $16,372,000 to the city of Houston.
Recreation
Several parks are scattered throughout the reservoir, including Bear Creek Pioneers Park along with hike/bike/horse trails. There is a paved bicycle trail going alongside the reservoir, with the trailhead being located next to Sherwood Elementary School.
Development controversy
When the Addicks and Barker reservoirs were originally constructed, USACE acquired approximately 24,500 acres (9,900 ha) of land even though, at the time, it was known that an additional 8,000 acres (3,200 ha) could be inundated at full pool. Initially, these additional acres were largely agricultural land where the consequences of flooding would be minimal. Harris County and Houston City authorities permitted developers to build residential neighborhoods (such as the Lakes on Eldridge subdivision) on this privately-owned land within the basins of the reservoirs. Today, about 14,000 homes are located inside the reservoir basins. Many residents complained after Hurricane Harvey that they were not informed that their homes were located inside a reservoir basin. Beginning in the 1990s, Fort Bend County, which contains a portion of Barker Reservoir, began requiring that plat documents for land within the basin carry a one-sentence disclosure of possible "controlled inundation".
Government-induced flooding and ensuing litigation
During and after Hurricane Harvey, 7,000 acres (2,800 ha) of private upstream land was deliberately submerged by the USACE operation of the Addicks and Barker dams and reservoirs. In response, upstream property owners filed a series of lawsuits in the US Court of Federal Claims (CFC), seeking to hold the US government liable for the induced flooding under the "Takings Clause" of the Fifth Amendment.
Given the large number of lawsuits, the CFC decided to handle the cases as a group by using case management methods commonly employed in multi-district litigation. To that end, and after considering hundreds of applications, the CFC appointed attorneys Armistead "Armi" Easterby, Daniel Charest, and Charles Irvine to serve as co-lead trial counsel for upstream plaintiffs. The CFC also selected 13 property owners for a bellwether trial to determine causation and liability issues common to the upstream property owners.
Federal Claims Judge Charles Lettow presided over the May 2019 liability trial, which was held in Houston, Texas. On December 17, 2019, the CFC held that the upstream flooding constituted a Fifth Amendment taking. The decision detailed how US government officials knowingly and intentionally imposed flooding on upstream private property and that the victims living near the federally-owned reservoirs did not know their property was in a federal flood-control project's reservoir flood pool. During trial, government lawyers stated this litigation is the largest Fifth Amendment "Takings Clause" case in US history.
In June 2022, Judge Lettow presided over a two-week trial addressing the amounts owed to six bellwether plaintiffs by the US under the Fifth Amendment's "Takings Clause". In October 2022, the CFC issued its just compensation decision finding in favor of the bellwether plaintiffs. The six bellwether plaintiffs received awards for decreased real property values, damaged or destroyed personal property, and costs for the owners being displaced. Total compensation for the around 10,000 upstream property owners who suffered government-induced flooding could reach or exceed $1.7 billion before interest. The six-year statute of limitations for filing a lawsuit in the CFC is set to expire in August 2023.
Buffalo Bayou and Tributaries Resiliency Study Interim Report
In October 2020, USACE published an interim report regarding the Addicks and Barker dams and reservoirs. The interim report states that high reservoir water levels resulting from USACE's operation of the Addicks and Barker dams "pose unacceptable risks to health and human safety, private property, and public infrastructure" and that "future economic damages from flooding are likely" in the upstream area. The interim report further indicates that there is inadequate government-owned real estate for dam operations, as more than 20,000 homes and 24,000 parcels of privately owned upstream land are within the areas subject to government-induced flooding. The total acquisition cost to acquire these lands would be approximately $10 billion.
References
- "Addicks Reservoir". Harris County Flood Control District. Retrieved October 5, 2018.
- Grabar, Henry (August 28, 2017). "What Happened to the Two Reservoirs That Were Supposed to Protect Downtown Houston?". Slate. Retrieved August 29, 2017.
- "Addicks, Texas, and Bear Creek".
- Rogers, Adam (August 29, 2017). "With Harvey, Imperfect Engineering Meets a Perfect Storm". Wired. Retrieved August 31, 2017.
- ^ Army Corps of Engineers (November 8, 2013). "REVIEW PLAN FOR ADDICKS AND BARKER DAMS" (PDF). Retrieved October 7, 2017.
- Addicks and Barker Reservoirs – Reservoir Information Archived 2009-06-18 at the Wayback Machine United States Army Corps of Engineers. Last accessed July 18, 2012.
- USGS National Water Information System. U.S. Geological Survey. Last accessed April 27, 2016.
- National Water Information System (August 30, 2017). "USGS 08073000 Addicks Res nr Addicks, TX". Retrieved October 7, 2017.
- Addicks Reservoir, Handbook of Texas Online, 2008. Last accessed May 4, 2009.
- Johnston, Louis; Williamson, Samuel H. (2023). "What Was the U.S. GDP Then?". MeasuringWorth. Retrieved November 30, 2023. United States Gross Domestic Product deflator figures follow the MeasuringWorth series.
- "Corps Releases at Addicks and Barker Dams to begin" (Press release). United States Army Corps of Engineers. August 28, 2017. Retrieved August 28, 2017.
- "Houston flood: Dams begin overflowing amid record rainfall". BBC News. August 29, 2017.
- U.S. Army Corps of Engineers, Galveston District Archived June 18, 2009, at the Wayback Machine, Last accessed January 1, 2011
- Satija, Neena; Collier, Kiah; Shaw, Al (October 12, 2017). "Houston officials knew homes in the Addicks and Barker reservoirs could flood. Why didn't residents?". The Texas Tribune. Retrieved January 23, 2019.
- Cavender, Anthony (June 13, 2018). "Court of Federal Claims: Upstream Hurricane Harvey Case Will Proceed to Trial". Retrieved June 13, 2019.
- Grinberg, Emanuella (August 25, 2019). "Their Neighborhood was flooded to save Houston". CNN. Retrieved August 25, 2019.
- Lettow, Charles (May 24, 2018). "Opinion and Order Denying Motion to Dismiss".
- Ward, Alyson (November 22, 2017). "Lead attorneys appointed in Hurricane Harvey flood litigation". Chron. Retrieved November 22, 2017.
- Langford, Cameron. "Trial Over Hurricane Flooding in Houston Wraps Up". Retrieved September 13, 2019.
- Banks, Gabrielle (May 13, 2019). "Harvey Victims tell judge no one told them they were living in a designated flood pool, say government is liable". Houston Chronicle. Retrieved May 13, 2019.
- Lettow, Charles. "Post-Trial Decision; Government-Induced Flooding on Private Property". U.S. Court of Federal Claims. Retrieved December 12, 2019.
- Banks, Gabrielle (December 17, 2019). "In victory for Harvey victims, Army Corps found liable for flooding damage upstream of Addicks, Barker reservoirs". Houston Chronicle.
- Banks, Gabrielle (December 17, 2019). "In victory for Harvey victims, Army Corps found liable for flooding damage upstream of Addicks, Barker reservoirs". Houston Chronicle.
- Langford, Cameron (May 31, 2022). "Trial begins to quantify losses of Houstonians flooded by government dams".
- Lettow, Charles (October 28, 2022). "Post-Trial Decision on Just Compensation for Six Bellwether Plaintiffs".
- Monterose, Isaac (October 31, 2022). "Feds must pay $450k for Texas Reservoirs Flooding Properties".
- Clarke, Deven (November 3, 2022). "Federal judge awards compensation for Hurricane Harvey victims upstream from Addicks, Barker dams".
- "28 U.S.C. § 2501 - Time for filing suit". July 7, 2004.
- "Interim Report" (PDF).
External links
- U.S. Geological Survey Geographic Names Information System: Addicks Reservoir
- Addicks Reservoir from the Handbook of Texas Online
- Addicks, Texas, and Bear Creek