Fall 2007 - Bayou Preservation Association

a y o u
A Report for Members and Friends of the Bayou Preservation Association
f o r u m
From the desk of Mary Ellen Whitworth—Executive
Director of the BPA:
The fall symposium on “Bacteria in our Bayous: Water Quality Standards and Restoration
Options” was a huge success. We had over 100 in attendance and all the presentations
were timely and relevant.
Thanks to our organizing sponsors:
• Harris County, City of Houston;
• Harris County Flood Control District;
• University of St. Thomas;
• Galveston Bay Estuary Program;
• Houston-Galveston Area Council;
• Texas Cooperative Extension/Texas Sea Grant;
• Houston Council of Engineering Companies;
• Greater Houston Builders Association;
• PBS&J;
• CivilTech Engineering, Inc.; and
• TCB/ENSR
We are also thankful for our financial sponsors:
• Houston-Galveston Area Council;
• Clean Water Network;
• Houston Endowment Inc.;
• Texas Association of Environmental Professionals;
• CivilTech Engineering, Inc.;
• Greater Houston Builders Association;
• PBS&J;
• Construction Ecoservices;
• TCB;
• ENSR; and
• Harris County Flood Control District
Tom Weber who works on water quality issues for the Texas Commission on Environmental
Quality said the bayous in Houston have three reasons for their high bacterial
counts: warm, tropical climate; population density and number of wastewater
treatment plants. Mayor Bill White said the City is upgrading their leaking sewer
pipes and that we should make sure the next mayor continues to fund this important
water quality improvement. Art Storey, Harris County, said the County is ready to
(Continued on page 2)
Fall-2007
Inside this issue:
BPA Symposium 2
Save the Date 2
Shipwrecked on the Bayou 3
Publications, Articles and
Websites of Interest
Liability of Design and Construction
Analyzed
Protecting Vulnerable Streams 5
Urban Stormwater Retrofit 5
Watershed Focus—White Oak
Bayou
Rummel Creek—HCFCD 7
BPA In The News 7
Spotlight on Speakers 7
BPA Annual Report 8
Comments on the National
Flood Control Program
Our mission is to protect and
restore the richness and
diversity of our waterways
through activism, advocacy,
collaboration and education.
Read the Bayou Forum in color at http://www.bayoupreservation.org/news.html
5
5
6
10
Thank you 2007 Donors 12
The BPA Board 14
Calendar of Events 15
How You Can Help 16

move to implementation of projects that will result in cleaner water. Regionalization of water treatment plants and setting
nutrient criteria was suggested by several speakers. There were many more excellent presentations that are posted
on our web site. Thank you to everyone who helped make this a success.
The Clean Water Act turned 35 this year. It has been successful in reducing effluent source pollution that was discharged
to our waterways. Fish have returned to many waterways that were too polluted to support aquatic life prior to
the legislation. The Clear Water Restoration Act of 2007 was introduced on Wednesday July 25 th in the US Senate by
Senator Russ Feingold (WI). The new Senate bill number is S. 1870. The House number is H.R. 2421. The bill clarifies
which waters are to be protected under the Act.
The Water Resources Development Act (WRDA) of 2007, HR 1495 was vetoed by President Bush on November 2,
2007, but the bill passed over the veto in the House and the Senate. It became public law on November 9, 2007. The
bill provides for the conservation and development of water and related resources, and authorizes the Secretary of the
Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes.
Texas received funding for numerous projects.
TCEQ Commissioner Larry Soward
delivers the luncheon keynote address.
David Peters, Senior Engineer with Symposium
sponsor CivilTech Engineering
and Board Member of the BPA, stops to
chat with speaker Tom Weber, TCEQ.
BPA Symposium—Bacteria in Our Bayous: Water Quality
Standards and Restoration Options
Attendees at the symposium during one of
the morning sessions.
Tom Weber, TCEQ, presenting his
talk on Local Bacteria TMDL and
Status Update.
Save the Date—March 8, 2008
Buffalo Bayou Regatta—join the fun
with the Buffalo Bayou Partnership
from 9:00-2:00. For more information call

Secluded off the street with access via a long driveway, the Van Dyke home
sits alongside Buffalo Bayou among dense trees and lush vegetation. Hung
between twin pillars, a life preserver from the S.S. Minnow showed guests
the way to the magnificent grounds and location for the gala.
Just sit right back and you’ll hear a tale
A tale of the BPA
That started from this tropic port. . .
With palm trees swaying, light humidity in the air and a
golf cart waiting to take guests to the home of Astrid
and Gene Van Dyke, the BPA kicked off its 8th Annual
Gala “Shipwrecked on the Bayou” on September 19,
2007.
Guests were greeted by co-chairs, Colleen Holthouse (BPA’s very own
“Ginger”) and Terri Thomas, BPA Executive Director Mary Ellen Whitworth
and BPA Development Director Jennifer Hawkins, who welcomed them to an
evening of great food (provided by A Fare Extraordinaire) , dancing,
moonlight boat rides on the Van Dykes’ 1.2 acre pool and entertainment including Tahitian dancers and both live
and D.J. music. Two spiral staircases led down to the tennis court and covered gazebo which were transformed
into the set of Gilligan’s Island replete with palm trees and grass huts. Guests really got into the spirit of the
evening and arrived as their favorite characters from the show.
There were Skippers, Gilligans, Gingers, Mary Anns and even Mr.
and Mrs. Howell made an appearance. All thoughts of Houston and
the hustle and bustle of everyday life were magically whisked away
and everyone knew they had found a little bit of paradise right in
their own backyard.
Instead of a 3-hour cruise,
guests were treated to a ride around the pool on the Van Dyke boat which
was great fun and were thrilled by narrated tales of high sea adventures
and life along the bayou.
Mayor Bill White was among the guests that evening and hosts Gene
and Astrid Van Dyke posed for pictures and happily talked about
their renovations to their home and grounds.
BPA netted approximately $80,000 from the Gala. The funds will be
used to continue its bayou advocacy and stewardship efforts working with
city, county, state and private
citizens to preserve
Houston’s most valuable
natural resources—the more than 2,500 miles of waterways that
interlace our city. We thank our sponsors and guests for their
generous contributions and look forward to seeing everyone again
next year!

Ty (President of BPA) and Lynn Kelly
or is it “The Skipper and Gilligan”?
Heather Saucier from HCFCD and
Choyet Terro enjoying the gala
Welcome
Gala Hosts Gene and Astrid Van Dyke and Mayor Bill White
Loraine Young and Imogene Moreland
get ready for the guests to arrive.
Getting into the spirit of
the evening
Party central—the beautiful grounds of Gene and
Astrid Van Dyke’s home
Jennifer Hawkins (Development Director for the BPA), Colleen
Holthouse (Co-Chair) and Terri Thomas (Co-Chair) take a pose
before the festivities begin.
Marvy and Elaine Finger (Director at Large—
BPA)

Websites of interest:
Publications, Periodicals, Websites and Articles of Interest:
• The 2007 Surfrider Foundation State of the Beach report analyzes the health of beaches and coastal areas across the nation
based on numerous indicators, including water quality, coastal erosion, and access to beach and surfing areas. For more information
download the report at http://www.surfrider.org/stateofthebeach/
• The Texas Coastal Connection Web site provides resources for everyone on current “hot” topics along the Texas coast by providing
information and answers to questions regarding the state’s coastal resources. The site provides links to other organizations
plus links to coastal events calendars. The site is maintained by the General Land Office and can be found at
www.TexasCoastalConnection.com
• Global warming—it’s in the news, on TV, discussed at the water cooler and more and more citizens are becoming concerned
about it’s effects and how it will affect them. A national survey found that 7 out of 10 outdoor enthusiasts are worried about
our wildlife populations. To see the survey results and how, if unabated, global warming will affect Texas visit
http://www.targetglobalwarming.org/new/texas
• Did you know there is a national marine sanctuary off the coast of Galveston? Located 100 miles from Galveston in the Gulf of
Mexico the Flower Garden Banks National Marine Sanctuary is one of 14 such sanctuaries under the guidance of NOAA. For
more information on the sanctuary and getting information on taking a tour visit www.flowergarden.noaa.gov
Liability of Design and Construction Professionals Analyzed—courtesy of the ASFPM Foundation, News
& Views, October 2007
Architects, engineers, landscape architects, surveyors, and other design professionals may be held liable in a court of law for flood
damage to a structure or to adjacent properties if the damage resulted from inadequate design, failure to adhere to applicable regulations
or the contract specifications, or failure to meet the customary standards of care owned by the profession. However, design
professionals who educate themselves about flood loss reduction techniques, exceed the minimum standard of care, discuss the
flood hazard with their clients and maintain written records of this action in carrying out their project should be able to avoid lawsuits
and also avoid being held liable. This and other, more detailed guidance for professionals in the design and development
fields is set out in Professional Liability for Construction in Flood Hazard Areas, by Jon A. Kusler, Esq., just released in final
form by the ASFPM Foundation. It is based on tan analysis of recent case law, treatises, law review articles, statutes, regulations,
and other relevant legal materials. The paper also briefly considers the liability of landowners, contractors, builders, banks, real
estate brokers and insurance agents.
For more information go to http://www.floods.org/PDF/ASFPM_Professional_Liability_Construction.pdf
“The Importance of Protecting Vulnerable Streams and Wetlands at the Local Level—
courtesy of the ASFPM Foundation, News & Views, October 2007
“The Importance of Protecting Vulnerable Streams and Wetlands at the Local Level,” makes the case for expanded local protection of vulnerable
streams and wetlands that may not be fully protected by state or federal law due to their perceived isolation from perennial or navigable waters.
More than half of the stream network in the contiguous United States is made up of small headwaters that provide a host of ecological benefits.
States and localities can use a range of regulatory and other approaches to preserve and enhance the natural resources and functions of these watersheds
that are not otherwise protected by federal programs such as the Clean Water Act. This article summarizes state and local approaches to
closing the gap. Center for Watershed Protection 2007. Article 6 in the Wetlands and Watershed series. Available free at
http://ewp.org.master.com.texis.master/search/+/form/wetlands.html
Urban Stormwater Retrofit Practices—courtesy of the ASFPM Foundation, News & Views, October 2007
...offers definitive guidance on the art and science of urban retrofitting. Nearly 80% of the nation’s small urban watershed were developed without
effective stormwater practices and, as a consequence, have become degraded. The key to restoring these watersheds lies in the practice of stormwater
retrofitting, which involves subwatershed detective work, storm drain forensics, and imaginative design. This new manual reflects over two
decades of experience in retrofitting more than 25 urban watersheds across the country. It outlines the basics of retrofits, describes the 13 unique
locations where they can be found, and present rapid methods to find, design, and deliver retrofits to meet a wide range of subwatershed objectives.
Center for Watershed Protection. 2007. 400 pp.
Available for free download at http://www.ewp.org/PublicationStore/USRM.htm#usrm3

Watershed Focus—White Oak Bayou by Evelyn Born Shanley, BPA Watershed Representative
The White Oak Bayou Association was founded by Lynda C. Smith
and incorporated in the State of Texas on May 20, 1988. The organization’s
primary purpose is:
To promote greater public awareness, appreciation, and enjoyment of
White Oak Bayou, its tributaries and environs by advocating the preservation,
restoration, and maintenance of the natural wildlife habitats
thereof, while promoting compatible educational and recreational opportunities
within the area.
Since the early days White Oak Bayou Association has been involved in many activities in our watershed,
some of which are:
• Clean-ups along WOB and its tributaries
• Field trips
• Tree plantings
• Park Advocacy
• Bikeway Design and Advocacy
• Environmental Advocacy together with our member communities
• Participation in Stakeholder Committees with Harris County Flood Control District
• White Oak Bayou F211 Federal Project
• Lower White Oak Bayou Federal Study
• Vegetation Committee, etc.
• Floodplain Development Advocacy with the City of Houston
• Stormwater Quality Advocacy & Education
• WOBA Fish-Off
Maps provided by Harris County Flood Control District
Since 1988
Monthly meetings are held on the third Tuesday, 7:30 PM at
Central Bank, Timbergrove Community Room
1550 West 18th Street, Houston—Next to Walgreens at West T.C. Jester

Harris County Flood Control District—Article provided by Heather Saucier, Media and Communications Manager
Rummel Creek, a tributary to Buffalo Bayou, has experienced severe erosion
over the years that has eaten away huge chunks of the creek’s banks. Part of the
creek runs through the Edith L. Moore Nature Sanctuary, which boasts 18 acres
of woods nestled in a subdivision near Wilcrest and Memorial drives. The sanctuary
is full of natural trails, wetlands and foot bridges. It’s open almost every
day of the year for anyone to come and bird watch and walk the grounds. It’s
owned and managed by the Houston Audubon Society.
The Flood Control District repaired parts of Rummel Creek further upstream
years ago and is currently addressing two severely-eroded spots of the creek that
The creek newly lined with riprap.
runs through the sanctuary. While our project’s
goal is to reduce the amount of sediment that falls into the creek, it has a wonderful
side benefit for the sanctuary. Sanctuary officials have been worried they
might have to close their trails because they keep losing land. They recently
moved their fences back again because their land continues to fall into the
creek.
HCFCD’s Fred Garcia, director of communications for
the District, pointing to an eroded side slope
BPA in the News:
Awards—On October 11, 2007 the Greater Houston Partnership presented it’s Bayou Improvement Award to BPA’s
Eyes on the Bayou Eric Ruckstuhl during its annual Visionary Awards ceremony.
New Website—We are pleased to announce we’re updating our website, reorganizing, adding interactive forms, updating
pictures and adding more content. To access the new site, click on www.bayoupreservation.org and follow the
prompt in the middle of the screen to “new site”. When the site is nearer to completion you’ll access it by simply
clicking the old link. To tell us what you think of the “new” site please call our office and talk to Sue Roman at
713.529.6443 or drop her an email at sroman@bayoupreservation.org.
Spotlight on Speakers—BPA Board Meetings—guest speakers and topics—
Dr. Samuel D. Brody, Assistant
Professor, Texas A&M spoke to
the Board on “Linking Wetland
Alteration to Coast Flooding” at
the May 12, 2007 meeting.
The Flood Control District’s repair project began in September. We are repairing
about 1,000 feet of the 2,500 feet of creek that runs through the sanctuary.
We are constructing side slopes with smoother angles to lessen the chances for
erosion. We are creating a bench-like feature for trees and plants to better
anchor the side slopes in addition to placing riprap at the channel’s toe to
help stabilize the banks.
Susan Hill chairs both
the July 9 and September
11 meetings discussing
the BPA,
where we are as an
organization and what
are our future goals.
Gina Donovan from the Houston
Audubon Society, presents a talk on
“Birds and Bayou” at the November
12, 2007 Board Meeting.

BAYOU PRESERVATION ASSOCIATION—ANNUAL REPORT – 2007
Dear Friends,
As you will see in the following pages, the Bayou Preservation Association (BPA) began its 5 th decade of bayou stewardship with a bang. The
year was filled with exciting activities focused on water quality, stream restoration, education and watershed management reform.
While our successes in 2007 were many, there are a few of which I am especially proud. We were recognized by both the Greater Houston Partnership
and the Museum District Business Alliance with awards for our outstanding work in improving local bayous and streams. Board member
Bruce Heiberg led our Projects Committee in implementing an unprecedented number of hands-on stream restoration projects that drew more
than 400 volunteers who removed trash and invasive species from bayou park lands. Our annual professional symposium effectively brought
together a range of stakeholders for two days of discussion on the impact of bacteria in our bayous and restoration options.
On the social front, co-chairs Colleen Holthouse and Terri Thomas, with lots of help from Board member, Elaine Finger, engineered another incredible
fundraising event. Guests flocked to the bayou-side home of Astrid and Gene Van Dyke for a Gilligan’s Island-inspired party that raised
$80,000 for our ongoing programs.
I would like to extend my gratitude to the staff, board members, volunteers and supporters who made the accomplishments outlined in this report
possible. Clearly, it takes all of us to ensure that the health of our waterways is improved and maintained. Thank you for doing your part.
Sincerely,
J. Tynan Kelly
Board President
WATER QUALITY
Degraded water quality in Houston-area bayous and streams continues to be of the utmost concern to the BPA. Given the fact that most of the
bayous in the Houston area do not meet state water quality standards for several parameters and there are many contentions over the process for
measuring this standard, it is critical that we, as our bayou’s most steadfast advocates, remain vigilant of this topic and do everything we can to
prevent further degradation.
The BPA is recognized by other organizations in the Houston area for its expertise on water quality issues. This year, for example, the Center for
Houston’s Future asked Mary Ellen Whitworth, our executive director, to write a report on water quality for their “state of the environment” report,
which will include sections on air quality, solid waste and habitat. The intended audience for this report is government leaders.
Staff and board members continue to represent the BPA in meetings of various other stakeholder groups working on water quality issues. Through
such representation, we are able to stay up-to-date on the most pressing issues in this field, as we contribute our expertise to water quality discussions.
The stakeholder groups include: Clean Rivers Program Regional Monitoring Workgroup, Houston-Galveston Area Council’s Natural Resources
Advisory Committee, Joint Task Force (correct name?), TMDL Meeting (is this county or HGAC?), the League of Women Voters Natural
Resources Committee, Citizen’s Advisory Committee of the Gulf of Mexico Program, Halls Bayou Stakeholders Committee, Sierra Club, Galveston
Bay Fresh Water Inflow, and WEAT (?)
Mary Ellen is a member of the Gulf of Mexico Policy Review Board (please elaborate on what the group does).
To assist with HGAC’s water quality research, we collect monthly water samples from Buffalo Bayou. This data is used in the HCAG’s annual
Basin Summary Report.
STREAM RESTORATION
Eric Ruckstuhl, the BPA’s Eyes on the Bayou Scout, was recently awarded the “Bayou Improvement Award” by the Greater Houston Partnership
for his tireless bayou cleanup and stream restoration efforts. The following summary of this work over the past year shows that such recognition is
well-deserved.
Eric leads our ongoing Harris County Waterway Assessment and Restoration Project efforts in partnership with Harris County Public Health and
Environmental Services, Pollution Control Division, and the Texas Department of Criminal Justice. Using the labor resources of inmates from the
TDCJ, he completed the restoration of public land areas of the T.C. Jester Park Hike and Bike system. This portion of the project resulted in the
removal of 16 roll-off dumpsters filled with invasive exotic trees and shrubs, litter and man-made debris. On downstream, the Memorial Creek
area was transformed from a polluted, abused stream into an environmental asset. Concrete and rebar were replaced with natural rocks and invasive
exotic plants were replaced by native ones.

A painting project to differentiate native vegetation from invasive exotic vegetation was undertaken and completed on upper Dickinson Bayou.
Eric painted the native plants with “caution blue” for preservation and painted the invasive exotic plants with orange or red for removal by the
Galveston County Drainage District. Laminated field sheets with pictures and text on the invasive exotics were also created for the drainage district.
The anticipated outcome is to have a section of Dickinson Bayou that can serve as a demonstration project for native plant species as opposed
to the current understory layer, which is almost all Asian species.
Finally, Eric conducted a series of field observations to make comments and suggestions on permit applications to the U.S. Army Corps of Engineers
for the following streams: Carter’s Slough – Montgomery County, Cedar Bayou – Chambers County, Chigger Creek – Galveston County,
Langham Creek – Harris County, Little Caney Creek – Montgomery County, Peach Creek – Montgomery County and Spring Creek – Harris
County. Additionally, comments on a permit application for Stewarts Creek in Montgomery County in 2006 resulted in the BPA assisting in a
mitigation plan for the creek in 2007.
Our Projects Committee, led by Bruce Heiberg, made a significant contribution to our stream restoration efforts this year by planning and implementing
a host of cleanup projects. Over the course of the year, more than 400 volunteers helped us remove 200 bags of trash, 1,000 invasive trees
and shrubs and 100 bags of invasive ground cover from bayou-side land in City of Houston and Harris County parks. Following is a summary of
these activities:
• Partnered with REI to remove invasive species in Timber Grove Manor Park, along White Oak Bayou
• Partnered with REI Willowbrook and the Houston Canoe Club to remove trash from Cypress Creek
• Hosted a clean up site for Trash Bash in Terry Hershey Park along Buffalo Bayou, which attracted members of the Houston Canoe Club and
other brave volunteers (in spite of very heavy rains) who removed 20 bags of trash
• Worked with Keep Houston Beautiful to remove invasive species, ragweed and trash in White Oak Park/Stude Park along White Oak Bayou
• Partnered with RockCorp to remove invasive species and trash from Woodland Park along White Oak Bayou
• Partnered with New Hope Church to remove invasive species and trash from Woodland Park
• Removed trash and invasive species in Cullingan Park (location?)
Engaged Project YES students in removing invasive species from Timber Grove Manor Park.
EDUCATION
The many factors impacting the health of our waterways are clearly complex and immense. Education is key to helping the various sectors of our
community understand how to protect, restore and appreciate these valuable natural resources.
One of our primary tools for educating the community is the Bayou Information Center on our website. (updates?)
Another powerful educational tool, targeted towards specific audiences, is our annual symposium. The 2007 event, which was held October 15-16,
drew xx# local leaders and environmental groups to discuss water quality issues and the future of urban waterways in Houston. The purpose of the
symposium was to emphasize the necessity for immediate water quality restoration and to hear from policy makers and local governments on restoration
issues and options.
The organizing partners for the symposium were: Houston-Galveston Area Council, Harris County, Harris County Flood Control District, City of
Houston, Houston Council of Engineering Companies, Greater Houston Builders Association, TCB, ENSR, PBS&J, CivilTech Engineering, Galveston
Bay Estuary Program, University of St. Thomas, and the Texas Sea Grant/Texas Cooperative Extension.
The symposium was the first time that all relevant parties were brought together to discuss these critical issues. We anticipate that the event will
lead to greater collaborations and continued discussion on ways to restore water quality. Harris County, for example, is in the process of developing
a task force to explore the future of wastewater in our region. The BPA will continue to work with the City of Houston, Harris County, Harris
County Flood Control District, developers and other environmental groups to implement cost effective solutions to improve water quality.
Promoting bayou recreation activities is yet another way to encourage ordinary citizens to value and respect our waterways. Our Paddle Trails
Committee worked closely with Texas Parks and Wildlife to designate Buffalo Bayou as a state paddling trail. (please add details)
Our quarterly Bayou Forum, edited by Sue Roman, continues to receive accolades from readers who rely upon our newsletter for the latest information
on bayou-related topics. The BPA is often called upon to provide presentations to the community on these topics as well. This year, our
executive director participated in Museum Educators Day by making 3 presentations to 63 science/math/social studies teachers. She also presented
to the Hyde Park United Civic Association and Leadership Houston and staffed a booth at the Shell Oil Health Fair. She had an opportunity
to reach out to young people by passing out materials and speaking about trash pick-up during Commissioner El Franco Lee’s Bright Futures Fair
and Street Olympics.

WATERSHED MANAGEMENT REFORM
(Update)
Comments on the National Flood Insurance Program (NFIP) - Evaluation Final Report—
Courtesy of Natural Hazards Observer, November, 2007 issue
Editor’s Note: In 2002, the first comprehensive evaluation of the National Flood Insurance Program (NFIP) was conducted. It
included 13 individual studies covering the range of NFIP activities, from insurance ratings to construction standards to resource
preservation. The final evaluation was completed in late 2006, and during a session at the 2007 Natural Hazards Research and Applications
workshop in Boulder, Colorado, a panel discussed the evaluation’s major findings and also debated its recommendations
and prospects for enhancing the program. The article below reflects the comments of Rutherford Platt, one of the panel discussants.
Other panel members included David Conrad, National Wildlife Federation; Larry Larson, Association of State Floodplain
Managers; and David Maurstad, DHS/FEMA Mitigation Division. To read David Maurstad’s full article on the NIFP evaluation,
please see the July 2007 issue of the Observer.
One fall day in late 1968, during a seminar I was auditing with Gilbert White at the University of Chicago, I first heard him ask
“The Question”: Will the National Flood Insurance Program (NFIP) reduce or increase average annual flood losses in the United
States? Little did he reveal that he was by then the nation’s most respected expert and outspoken critic of federal control policy,
and the lead author two years earlier of “A Unified National Program for Managing Flood Losses,” also known as House Document
465 (HD 465). This question would become Gilbert’s mantra as he lobbied tirelessly for an adequate assessment of the NFIP,
consistent with his broader quest for “post-audits” of the effectiveness of governmental programs and policies concerning hazards,
water resources, energy, and other environmental challenges: Namely, do they work as they were intended to work?
The question raised in the seminar that fall afternoon echoed Gilbert’s misgivings expressed in HD 465, where he wrote:
A flood insurance program is a tool that should be used expertly or not at all. Correctly applied, it could
promote wise use of flood plains. Incorrectly applied, it could exacerbate the whole problem of flood
losses...to the extent that insurance were used to subsidize new capital investment, it would aggravate flood
damages and constitute gross public irresponsibility.
This concern was shared by resource economist Marion Clawson in his parallel report on flood insurance for the new Department
of Housing and Urban Development. It boiled down to this: Does the NFIP defeat its own purposes by stimulating new development
in floodplains that would locate elsewhere in the absence of affordable flood insurance (since coverage against flood losses is
generally not available from the private sector)?
Both White and Clawson urged that to avoid that result, an NFIP must include effective land use planning and building
regulations. In Gilbert’s words:
Planning and coordinating the development of the flood plain is required as part of any significant effort to
break the pattern being fostered by present federal policies concerning flood damage prevention, namely
the continuing sequence of losses, protection, and more losses.
Congress listened. The 1968 act embraced an unusual “carrot and stick” bargain: availability of flood insurance is tied to
community adoption and enforcement of floodplain management pursuant to federal criteria, and “post-FIRM (Flood Insurance
Rate Map)” construction is insurable at actuarial rates commensurate with risk. There is no doubt that floodplain management on
the “stick” side of the bargain meant land use regulation in mapped flood hazard areas. In testimony to Congress in 1973, George
Bernstein, the First NFIP administrator (and member of the Final Evaluation Report Working Group), forcefully stated:
It is the combination of effective land use controls and full actuarial rates for new construction that makes
the national flood insurance program an insurance program rather than a reckless and unjustifiable giveaway
program that could impose an enormous burden on the vast majority of the Nation’s taxpayers without
giving them anything return.

However, contrary to the urging of White, Clawson, Bernstein, and other architects of the NFIP, land use regulation
(meaning floodplain zoning without compensation) has receded as an explicit tool of floodplain management. This reflects the
wariness of planners and public officials to grasp the “takings” nettle, fearful of being sued by property owners denied permission
to use their properties as they see fit.
In my 1999 book Disasters and Democracy, I tracked the dwindling mandate for land use control in successive versions
of the “Unified National Program” between 1966 and 1994. In 1966 the language was unequivocal: “The key to resolving the
problem lies above all else, in the intelligent planning for and state and local regulation of the use of lands exposed to flood hazards.”
By 1994, it had been watered down to: “Develop and implement a process to encourage positive attitudes toward floodplain
management.”
To be sure, much has been accomplished in the last four decades to promote “hazard mitigation.” in large part due to the
Association of State Floodplain Managers. Tools for improved floodplain management include technical advice, improved public
information and mapping, greater market penetration for flood insurance, building and elevation requirements, hazard mitigation
grants, and incentives under the Community Rating System. Certainly some states and localities stand out as models for the rest of
the country. One also hopes—without hard evidence—that actuarial rates are effective deterrents to unwise new growth in floodplains.
But Gilbert’s question still hangs in the air (as paraphrased by me): “has the NFIP made vulnerability to floods better or
worse? Or, in George Bernstein’s terms, has the NFIP been an “unjustified giveaway program?” While losses due to smaller
events are undoubtedly reduced through elevation, flood proofing, etc., does the NFIP—as Gilbert argued was the case with federal
flood control structures—create a false sense of security that encourages new construction in harm’s way, albeit elevated and
insured actuarially?
“But Gilbert’s question still hangs in the air: Has the NFIP made vulnerability to floods better or
worse? Or, in George Bernstein’s terms, has the NFIP been an ‘unjustified giveaway program’?”
Unfortunately, the Final Evaluation Report and its antecedent working papers (as far as I could tell) say very little about
this central and overriding question. I do not see any discussion of the current status of “takings” litigation concerning floodplain
regulations. In the 1970s and 1980s, courts generally upheld community land use regulations based on best available estimates of
flood risk. Has this changed? If there have not been any recent cases, why not? If communities are making tough decisions, there
should be challenges.
Even more important is the question of whether present levels of flood mitigation will prove inadequate in light of future
changes in flood risk. There are at least four major sources of rising flood risk: (1) upstream urbanization in small watersheds, (2)
coastal erosion, (3) degradation of flood control structures, and (4) climate change. The report makes only passing mention that
current estimated 1 percent flood boundaries in many places are or will soon be obsolete due to upstream land use changes in
smaller watersheds. Regarding erosion, despite two major studies funded by FEMA—by the National Research Council of 1989
and the Heinz Center in the late 1990s—the NFIP has totally failed to incorporate erosion data into its maps, rate structure, and
land use regulations. Property rights interest groups such as the Fire Island Association, succeeded in derailing incorporation of
erosion into the program, while they simultaneously lobbied for federally funded beach nourishment and shore protection projects
to alleviate that very threat.
The third threat became all to evident in Hurricane Katrina, namely the gradual degradation of flood control structures
due to subsidence and lack of maintenance. Finally, the threat of climate change overshadows everything we are doing, but it is
barely mentioned in the Report (under Goal 4: “Lofty Targets”).
The Report cites an estimate by Pricewaterhouse-Coopers that total structures in special flood hazard areas will increase
from 6.6 million in 1997 to 8.7 million in 2022. One wonders how much of this increase is due to unrestrained new development
in floodplains as presently mapped, and how much is due to expansion of those floodplains or increased risk due to the factors
listed above. In either case, it is not a prospect that should gladden the hearts of floodplain managers, nor is it one that would persuade
Gilbert to stop asking that never-ending question.
Rutherford Platt (platt@geo.umass.edu)
Director, Ecological Cities Project; Northampton, Massachusetts
Former member of the NFIP Final Summary Working Group

We thank our 2007 Donors for their continuing support
Foundations and Companies
Becker Family Foundation
Brady Painting Contractors
CivilTech Engineering, Inc.
Clark Condon Associates
Cooke Skidmore Consulting Group
Crimson Management
Crooker Charitable Foundation, Inc.
Crouch Environmental Services, Inc.
Dodson & Associates, Inc.
Elmore Public Relations
Erosion Control Systems
Jerry and Nanette Finger Foundation
Glauser-McNair, Inc.
Grounds Anderson, LLC
H-E-B
Hawes Hill Calderon LLP
Hayes Carpentry
Jacob and Terese Hershey Foundation
The Oshman Foundation
Otis Horton Corp.
Mithoff Family Charitable Foundation
JP Morgan Chase
Wendy and Mavis P. Kelsey, Jr. Fund
TCB, Inc.
Thorntree, Inc.
Trees for Houston
Richard W. Weekley Family Fund
The Wortham Foundation, Inc.
Individuals
Bob Arthur
Hugh and Glenda Barrett
John and Cindy Bartos
Bill and Anne Baumgardner
James Bell
Sudha Bidani
Bill and Kathy Boss
Judy Boyce
Lenni and Bill Burke
Charles and Caroline Callery
Dick and Alta Cate
John and Claire Caudill
Barbara and Stephen Claiborn
James Coatsworth
Meredith and Fielding Cocke
Thomas Cole
Billy and Colette Cox
Rod and Moriah Crosby
Gerald and Karen Cullar
Becky Olive Cummings
Robert Davenport
Anne Lewis David
Platt and Caroline Davis
Linda Day
Kathleen A. English
Rosetta M. Fatherree
Alan and Marlene Finger
Jonathan and Karen Finger
Marvy and Elaine Finger
Dan and Ruth Flournoy
Lee and Natalie Forbes
Jesse and Beatrice Fowler
Mack and Cece Fowler
John Glover
Steve and Jennifer Grace
Mr. and Mrs. H.S. Grace, Jr.
Mike and Susan Garver
Ken Goodman
Frances Ann Hamilton in honor of
Hugh and Glenda Barrett
Bill and Debbie Hardin
Dan and Betsy Harris
Deborah Hartman
Ken and Landa Hauser
Alan and Jennifer Hawkins in honor
of Dick Cate
Bruce and Kathy Heiberg
Terry Hershey
Mr. and Mrs. W.P. Hobby, Jr.
Helen and Don Hodges
Judge and Mrs. Lynn Hughes
Tom and Aileen Ivy
James A. Johnson
Michael and Josie Jones
Edmond and Alice Kagi
Marvin and Joan Kaplan in honor of
Elaine Finger
Margaret Scott Keeland
Donations received July, 2007 to present
Hugh and Molly Kelly
Ty and Lynn Kelly
Wendy and Mavis Kelsey
Mr. and Mrs. Howard Kiatta
David and Linda Knowles
Jessica Landis
Helen Lane and Roger Rowe
Harriet and Truett Latimer
Dr. Rhea Brown Lawson
Kathleen and Jon Linker
Charles and Millicent Leyendecker
Jennifer and Andy Lorenz
Susan Lynn
Brandt Mannchen
Carl Masterson
Carolyn Mata
Alisa and Oliver Max
Jackie and Malcolm Mazow in
honor of Elaine Finger
Sam and Molly McBirney
Iris McWilliams
Linda Mercer
Bruce and Terri Merwin
Judy and Peter Meyer
Marjorie Jester Milby
Lisa Miranda
Cristina and Bill Moore
Teryle and Lyle Morrow
Paul and Betty Nelson
Miki Lusk Norton
Elizabeth Oaks
John and Anne Olden
David and Molly Parkhill
Patricia M. Pate
Tim and Linda Peterson
Gordon and Deborah Pilmer
Bob Randall
(Continued on page 13)

(Continued from page 12)
Harry Reasoner
Ellen R. Red
Sally and Norman Reynolds
Alan Reid and Beth Wolff
Carleton and Winifred Riser
Jim and Virginia Robertson
Mary Robey
Nancy and Clive Runnells in memory of
Pierce Runnells
LeRoy and Adelle Shaw
Linda Shead and Tom Douglas
Martha Skow
Scott and Lisa Slaney
Eleanor Stanley
We Thank Our 2007 Donors
The Bayou Preservation Association together with Texas Association
of Floodplain Managers, Lower Colorado River Authority and Harris
County Flood Control District have published.
Floodplain Management in
Texas Quick Guide
by Rebecca C. Quinn, President,
R.C. Quinn Consulting, Inc.
The BPA has copies of this technical
guide available for distribution to Floodplain Administrators and
interested professionals. The Quick Guide will help you understand
more about why and how communities in the State of Texas manage
floodplains to protect people and property. If you would like a copy
please call the BPA office at 713-529-6443.
Merrie Talley-Pope
Terri and Ray Thomas
Donations received July, 2007 to present
Alice Timmins
Mr. and Mrs. Tim Tyler
Ofelia Vanden Bosch
Laurie and Doug VanderPloeg
Jim and Roksan Vick
Jim and Mary Lee Wallace
Catherine P. Walne
Carolyn White
Kimberly Whitener on behalf of Elaine Finger
Thomas M. Whitworth
Charles Willits
Ray Zobel
On behalf of the Executive Committee, Board of Directors and Staff of the
Bayou Preservation Association we would like to wish you and yours a
very happy holiday season.
Mary Ellen Whitworth
BPA is a member of Earth Share
Earth Share of Texas is a federation
of 70 nonprofit environmental groups
who have joined together to participate
in workplace giving programs.
Through a payroll deduction program, Earth Share
offers employers and employees interested
in human health and the environment an
opportunity to support BPA and organizations
like ours.
If you would like your company to consider offering Earth Share as an
option for employee giving, please contact our BPA Earth Share representative:
Susan Hill at 713.541.0447
or by e-mail at shill@hawshill.com

Executive Committee
Kevin Shanley, Chairman of the Board
J. Tynan (Ty) Kelly, President
Bruce Heiberg, Vice President
David Parkhill, Vice President
Becky Olive, Vice President
Janet Wagner, Secretary
Hugh Barrett, Treasurer
Elaine Finger, Director at Large
Lynne Johnson, Director at Large
Terry Hershey, Historian
THE
2007 BOARD
Advisory Board
Glenda Barrett Community Volunteer
John R. Bartos Houston Canoe Club
Mark Bowen Living Art Landscapes
Glenda Callaway Ekistics Corporation
Mary Carter Blackburn & Carter
David Crossley Gulf Coast Institute
John S. Jacob Texas Sea Grant/Texas Cooperative Ext.
Jim Lester Houston Advanced Research Center
Mike Loomis Loomis Floodplain Consulting
Jennifer Lorenz Legacy Land Trust
Elena M. Marks Dir. Health & Environmental Policy COH
Dorothy Martinez National Flood Insurance Program
Carl Masterson Houston Galveston Area Council
Alisa Max Harris Co. Storm Water Quality
Cathy Meek Flood Compliance Consultant
S. Reed Morian Houston Parks Board
Roksan Okan-Vick Exec. Director, Houston Parks Board
Donna Phillips TCEQ Region 12
Mary Anne Piacentini Katy Prairie Conservancy
Jim Pulliam Community Volunteer
Commissioner Steve Radack Harris County, Precinct 3
Robert A. Rowland Co-Chair, Parks/Green Spaces Com.-GHP
R.D. (Dick) Smith Cypress Creek Flood Control Coalition
Art Storey Harris County Public Infrastructure
Mike Talbott Director, Harris Co. Flood Control Dist.
Brenda Weiser Environmental Institute of Houston
Jarrett Woodrow, Jr. Texas Parks & Wildlife/Coastal Fisheries
Staff
Mary Ellen Whitworth Executive Director
Sue Roman Office Manager
Jennifer Hawkins Development Director
Fred Lazare CPA
****
Newsletter—The BPA Staff
Phone 713.529.6443 Fax 713.529.6481
Email: bpa@hic.net and sroman@bayoupreservation.org
Directors
Elle Anderson Grounds Anderson, LLC
Bob Arthur Community Volunteer
Judy Boyce Jacob & Terese Hershey Fdn.
Richard Cate MCCM Architects
Claire Caudill Community Volunteer
Allen B. Craig, III Gardere, Wynne, Swell & Riggs
Greg Crouch Crouch Environmental Svc. Inc.
Karen Cullar Houston Parks & Rec. Dept.
Lee Forbes Geomatrix
Don Greene Community Volunteer
Deborah Hartman Deborah Hartman, PR
Susan Hill Hawes Hill & Assoc.
Colleen Holthouse Community Volunteer
Harriet Latimer Community Volunteer
Judy Meyer Community Volunteer
Lisa Moreno UH—Downtown
Paul Nelson No. HC Regional Water Auth.
David Peters CivilTech Engineering, Inc.
Tom Ramsey Klotz Associates
Jim Robertson Cypress Creek Greenway
Linda Shead Trust for Public Land
Melvin Spinks CivilTech Engineering, Inc.
Don VanSickle Community Volunteer
Len Waterworth Dannenbaum Engineering Co.
Carolyn White HCFCD
Past Presidents
Hugh Barrett Bill Bradshaw
Don Greene George Mitchell
David Parkhill Don Sawtelle
Kevin Shanley Frank C. Smith
Bayou Representatives
Armand Bayou Helen Hodges
Brays Bayou Ed O’Rourke
Buffalo Bayou Mike Garver
Carpenter’s Bayou Tom Olson
Clear Creek Ty Kelly
Cypress Creek Eric Ruckstuhl
Dickinson Bayou Julie Masters
Greens Bayou Bill Franks
Halls Bayou Jennifer Dyke
Hunting Bayou Merrie Talley-Pope
Sims Bayou Joanna Friesen
White Oak Bayou Evelyn Born Shanley

2007 Calendar of Events
Continuous Updates to this calendar can be found on our web site at http://www.bayoupreservation.org/calendar.html
and http://www.cechouston.org for more event information in our area
DATE EVENT WHERE WHEN CONTACT INFO
December
18 BPA Water Quality Meeting BPA Office 11:30 AM Call the BPA Office at
713.529.6443
24-Jan 1 BPA Office Closed
January
14 BPA Board Meeting Houston Arboretum Noon Call the BPA Office at
713.529.6443
February
11 BPA Executive Committee Meeting BPA Office 6:00 P.M. Call the BPA Office at
713.529.6443
Events Around Houston
January
17-19 Texas Wildlife Diversity Conference Texas Parks and Wildlife and
Houston Zoo
March
To obtain your own copy of
the
“Bayou Planting Guide”
use the form on the back
side of this newsletter and
donate $100 or more to the
BPA and you will receive a
free copy.
Network For Good—Donations
To make a donation through our website
click the Network For Good link on the Home page. Ninety-seven percent (97%)
of your donations go to the BPA.
No Adverse Impact Floodplain Management:
Community Case Studies 2004, 73 Pages are now free on line from the Association
of State Floodplain Managers (ASFPM). No adverse impact (NAI) floodplain
management is a managing principle developed by the ASFPM to address the
shortcomings of today’s typical local floodplain management program. This document
uses 11 case studies to analyze and report on specific programs, plans and
actions that communities are taking to implement NAI floodplain management.
Call 608-274-0123, e-mail: asfpm@floods.org
Http://www.floods.org/PDF/NAI_Case_Studies.pdf
We thank DOWNTOWN DUPLICATING 713-659-8295
for doing a great job!
For more information
www.houstonzoo.org/twdc2008
8 Buffalo Bayou Partnership Regatta Buffalo Bayou 9:00—2:00 For more information call
713.752.0314
23 Sea Turtle Saturday Houston Zoo 8:30 A.M. For info visit www.houstonzoo.org
For meeting times of other BPA Committees, please call the office at 713.529.6443

Celebrating 40 years
3201 Allen Parkway, Suite 200
Houston, Texas 77019 or
Post Office Box 131563
Houston, Texas 77219-1563
Phone: 713-529-6443
Fax: 713-529-6481
Email: bpa@hic.net
www.bayoupreservation.org
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