The overflow of the Brazos River during Hurricane Harvey coupled with the over 30 inches of torrential continuous rainfall that pounded the Texas coast may have overpowered the drainage systems within the county’s levee improvement districts, but they still operated to required standards, according to county officials.

While some residents experienced flooding and others watched as floodwaters rose up their driveways but never entered their homes, many were left wondering how well the drainage system within their levee improvement district performed and what is being done to better prepare for future storms.

What is a LID? 

Similar to a county or school district, a levee improvement district–also referred to as a district or LID–is a political subdivision that covers a specific area of land to provide flood protection, drainage improvements and to reclaim land from the flood plain, according to First Colony LID attorney Angela Lutz.

When a LID is first formed, developers advance all the funds for the levee and related facilities and then start selling land and develop the area to construct a tax base. After sufficient development, the district issues bonds to reimburse the developer, according to county officials.

The residents within a district pay back the bond for the levee and maintenance of the district operations through taxes. More developed districts with a stronger tax base have a lower tax rate than less developed areas. The age of a district and commercial and residential development are all factors that can affect the tax rate, county officials said.

Commissioners appoint three board directors that must meet requirements like being a property tax-paying elector of the county and a resident of the area. Directors are required to take continuing education on levees, flood fighting and national issues, according to Lutz.

“LIDs in Texas, and [municipal utility districts] also, are one of the most heavily regulated types of political subdivisions,” Lutz said during a First Colony LID public meeting in October.

There are about 20 levee districts in the county, and each one has components specific to itself, such as whether a district has a pump station or a detention pond. These levee districts are largely responsible for the substantial growth rate in Fort Bend County because they removed land from the flood plain that otherwise would not have been developed.

“If you look at Sugar Land and the newer parts of Missouri City and parts of Richmond, almost all of that development would not have occurred if we had not had levee districts,” said Richard Muller, principal of Muller Law Group, a law firm that represents several Fort Bend County LIDs.

Every Fort Bend County LID is currently working to conduct After Action Plan reports where the engineers and operators will discuss what improvements can be made to the district and the estimated costs of those improvements, according to Lutz.

“Some might have to get additional bonding authority if they don’t have enough bonding capacity,” Lutz said. “It depends on each LID.”
Harvey's toll on lids

Since Harvey, several districts have held public meetings to try and educate residents on how their district performed during the storm. One of the most critical points being made by LID directors, county drainage officials and LID engineers is regardless of whether a home flooded during Harvey, all of the levees in the county performed accurately.

“There was no levee in Fort Bend County that either breached or overtopped,” said Greg Frank of Costello Engineering, an engineering firm responsible for a large portion of the levee districts in Fort Bend County.

Most levee districts protect residents from two different types of events: flooding from the Brazos River and intense rainfall within the communities. Harvey created both of these situations at the same time, overwhelming many
systems across the county, according to city officials and LID engineers.

During a First Colony LID public meeting in October, Frank clarified while the two-part river and rainfall event that occurred during Harvey overwhelmed many districts, the street sewer systems that run through many of the neighborhoods in the districts are not LID facilities.

“As the cities have annexed those areas into their jurisdictions, the streets and the storm sewers are the responsibilities of the individual cities,” Frank said.

Frank also explained for many residents, the funnel-like design of the storm sewers made it appear the water was draining slowly from the streets, but in reality, it was draining regularly.

“The top of that funnel has a lot of surface area to it,” Frank said. “Even though it is dropping consistently, it doesn’t seem to be.”

The LID 22 exclusive

For some residents along the FM 359 corridor who have experienced record-setting flood events back to back, Harvey was the last straw. Some of the neighbors in the area, along with representatives from Jones Carter, an engineering firm involved with many county LIDs, have formed an unofficial steering committee over the last year in an effort to gain support to create a Levee Improvement District No. 22.

The proposed area spans between 7,000 and 8,000 acres, but due to revaluations being conducted by the county, this could change and increase the area to an even larger district. The area runs from the Grand Parkway along Hwy. 90 to FM 359 and FM 723 in Richmond.

One of the biggest proponents behind the formation of LID 22 is Ed Harrigan, a River’s Edge resident. However, while the steering committee and LID supporters have met unofficially from time to time, no seed funding has been secured and no plans are official.

“[The steering committee's goal] is they want to have one or two people from each subdivision to sort of speak on behalf of the residents,” Harrigan said. “We need to organize into an official organization where we actually have a board and voting members so we can actually make decisions.”

While most districts are formed before the land has been developed and are sought out by developers, Harrigan said LID 22 is a special case since residents seem to be the main push toward the creation of a district there. If formed, LID 22 would tie into the New Territory and Kingdom Heights levees. A financial adviser told Harrigan and other residents that just completing the first few steps to form a district would require $500,000; the total project cost upward of $150 million.

Harrigan said he thinks the most important next step is to create an official political organization that can determine the resident’s goals and initiate plans.

“It’s not going to be just a slam dunk—it would take a lot of education, a lot of communicating,” Harrigan said.  “I think the LID will be created eventually; I just would rather we don't have to go through several more floods before everybody wakes up and agrees it is a necessity.”