A drainage study about the impact of more flood water coming from the new-and-improved drainage systems in West University Place and Bellaire Boulevard “should be withheld from public disclosure,” according to a memorandum brief by Assistant Harris County Attorney Mitzi Turner.
Rain water flows under the Bellaire Boulevard Bridge during a rain storm in mid February. Construction should be complete by late March.
InstantNewsWestU requested a copy of the drainage study from the Harris County Flood Control District after West U. leaders became concerned that flood restrictors on the soon-to-be-completed Bellaire Bridge in Southside Place would stop flood waters from intense storms from fully draining out of West U. The drainage study researches how more flood water would affect down-stream areas: Poor Farm Ditch, a water detention area called the Meyer Tract, and eventually Brays Bayou.
But in a Feb. 23 letter to Texas Attorney General Greg Abbott, Turner argued on behalf of Harris County Attorney Vince Ryan that the flood control district should not have to disclose the drainage study. Turner is asking for an exception to the Texas Public Information Act.
Turner wrote that the flood control district is working with other governmental entities involved in the process to review a draft version of the drainage study. Eventually, the district will release a final version to the public.
The attorney argues the draft drainage study should remain secret under the “deliberative process privilege,” which holds that internal communications consisting of advice, opinions or recommendations can be kept secret if they relate to processes that help the governmental body fulfill its policy mission.
“The mission of the District includes planning and constructing flood control and drainage projects,” Turner wrote. “The engineering study requested, which is still in the process of being formulated, is essential to carrying out those purposes.”
West U. leaders said at a Feb. 8 city council meeting that they hope the flood control district allows the removal of flood restrictors on the Bellaire Bridge that control the flow of water leaving West U.
Engineers assured the city council that during ordinary rain storms, the restrictors would not hinder efficient drainage out of West U. But during rare, massive storms like Tropical Storm Alison in 2001, the restrictors could cause water to back up into the city. West U. Mayor Bob Kelly said he hopes the flood restrictors will be gone before hurricane season, which officially begins in June. Read more here.
But before approving the removal of the flood restrictors, the flood control district must know how more water would affect the down-stream areas. The drainage study requested by InstantNewsWestU essentially answers that question.
The Texas Attorney General will make a ruling within the next couple of months about whether the flood control district can withhold the drainage study as an exception to the Texas Public Information Act.
