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re: EBR officials file lawsuit over Iberville aquadams, fear it could could divert flooding
Posted on 7/13/19 at 12:29 pm to Antonio Moss
Posted on 7/13/19 at 12:29 pm to Antonio Moss
quote:
Except that the overflow is a natural occurrence and the aquadam is artificially diverting that natural occurrence to the demise of other’s propert
Haha, “natural occurrence” overflowing a man made road, gotcha.
I’m curious as to why the aqua damns became the trigger to this feud? One could argue the closure of the damn (or better yet, culvert) that allows Manchac to flow under the road and into Spanish lake and visa versa could cause some fella living around galvez to flood. This debate will be a complex one that could bring many Parrish practices into review. What if Parrish X decides to clean out its Parrish drainage ditches thus allowing for
Water to flow out to Parrish into other areas?? Where does this debate end/begin?
Posted on 7/13/19 at 12:30 pm to Antonio Moss
Wasn’t the injunction granted by a federal judge? If so, Why does the poster keep referencing an EBR judge who had to grant an order because of re election?
Posted on 7/13/19 at 12:32 pm to Roscoe
quote:
Wasn’t the injunction granted by a federal judge? If so, Why does the poster keep referencing an EBR judge who had to grant an order because of re election?
He's special
Posted on 7/13/19 at 12:34 pm to magildachunks
I guess he did not read federal judge?
Posted on 7/13/19 at 12:35 pm to Antonio Moss
yes, what type of law do you practice?
I’m willing to bet a substantial sum of money that you are wrong. I just want to know whether I can collect from you or not.
I’m willing to bet a substantial sum of money that you are wrong. I just want to know whether I can collect from you or not.
Posted on 7/13/19 at 12:37 pm to Geaux1
quote:
This debate will be a complex one that could bring many Parrish practices into review. What if Parrish X decides to clean out its Parrish drainage ditches thus allowing for
Water to flow out to Parrish into other areas?? Where does this debate end/begin?
the "development" issue is a bigger one for me
if EBRP has allowed (via permitting) developments that are affecting the flow of water (effectively diverting it unnaturally), then how do they avoid liability/responsibility? all development is artificial
Posted on 7/13/19 at 12:39 pm to johnnyrocket
If you argue drainage into Spanish lake is a natural occurrence.
Should it not also be argued when EBRP zoning board allowed development on swamp land in that area also displaced water forcing more water unnaturally into Bayou Manchac which causes it to flood Ascension and East Iberville?
Who really owns Spanish Lake?
If it is owned by the parish or landowner does that person have the right to protect their property from a large amount of water which could negatively affect the swamps health?
Brec did not care about Ascension Parish when it tried to build a zoo at Airline Park which would have flooded the surrounding homeowners?
Or
Is the whole problem is EBRP can do what they want and when other parishes try to protect their parish they try to tell them what to do?
Should it not also be argued when EBRP zoning board allowed development on swamp land in that area also displaced water forcing more water unnaturally into Bayou Manchac which causes it to flood Ascension and East Iberville?
Who really owns Spanish Lake?
If it is owned by the parish or landowner does that person have the right to protect their property from a large amount of water which could negatively affect the swamps health?
Brec did not care about Ascension Parish when it tried to build a zoo at Airline Park which would have flooded the surrounding homeowners?
Or
Is the whole problem is EBRP can do what they want and when other parishes try to protect their parish they try to tell them what to do?
This post was edited on 7/13/19 at 12:42 pm
Posted on 7/13/19 at 12:40 pm to Lickitty Split
quote:
yes, what type of law do you practice?
I’m willing to bet a substantial sum of money that you are wrong. I just want to know whether I can collect from you or not.
Are you arguing that Iberville Parish can seek and collect civil damages against EBR for EBR engaging in the civil process of seeking an injunction?
Posted on 7/13/19 at 12:43 pm to SlowFlowPro
quote:
f EBRP has allowed (via permitting) developments that are affecting the flow of water (effectively diverting it unnaturally), then how do they avoid liability/responsibility? all development is artificial
Sure but that isn’t the issue here.
I agree that developers and licensing boards could potentially be liable for ill-conceived developments that result in property damage. (Although I wonder if there is a civil immunity somewhere in there)
But this isn’t the current issue. You know that people aren’t allowed to engage in “self-help” measures to the detriment of third-parties.
Posted on 7/13/19 at 12:47 pm to Antonio Moss
i actually want to read the federal stuff to read their arguments b/c "self help" is kind of a malleable term
if the ACOE says no permit is needed for jurisdictional issues, then it's just a governmental act (the same as permitting that may have created the situation in the first place). that's why there is sovereign immunity (the theoretical justification)
if the ACOE says no permit is needed for jurisdictional issues, then it's just a governmental act (the same as permitting that may have created the situation in the first place). that's why there is sovereign immunity (the theoretical justification)
Posted on 7/13/19 at 12:48 pm to johnnyrocket
quote:
Who really owns Spanish Lake?
Logic would tell us Spain.
Posted on 7/13/19 at 12:54 pm to Antonio Moss
Are you willing to put money on it?
Posted on 7/13/19 at 1:17 pm to Antonio Moss
There are developments in EBR, Ascension and yes Iberville.
It’s not as if Iberville is some pristine area without development.
And also if a developer in EBR has a development draining into Bayou Fountain does that make a difference because it drains into Manchac and co mingles with all the other water in the Amite basin flowing down from the Felicianas, Livingston, NEBR and elsewhere.
All of this is a regional problem.
Now the question is what can an individual parish do alone? Maybe the dam is ok. I’m sure there is case law to cover things, lawyers to litigate, judges to hear arguments, and plenty of money to be made on both sides.
It’s not as if Iberville is some pristine area without development.
And also if a developer in EBR has a development draining into Bayou Fountain does that make a difference because it drains into Manchac and co mingles with all the other water in the Amite basin flowing down from the Felicianas, Livingston, NEBR and elsewhere.
All of this is a regional problem.
Now the question is what can an individual parish do alone? Maybe the dam is ok. I’m sure there is case law to cover things, lawyers to litigate, judges to hear arguments, and plenty of money to be made on both sides.
Posted on 7/13/19 at 1:31 pm to topwater30
quote:
Bayou fountain drains to bayou Manchac. Spanish likes naturally drains into bayou Manchac. Bayou Manchac drains into the Amite River. When Amite starts to be overrun, Manchac overtakes the natural flow of Alligator bayou which drains Spanish lake.
I played a major role in rebuilding the new flood gates at Alligator Bayou/Bayou Manchac. We built the new structure 1’ foot higher than the 2016 flood water got. I know for a fact that the gates are closed so no water from Bayou Manchac will be flowing to Spanish lake. In conclusion, yes the aqua dams are deployed but the new road (which we raised during construction) is significantly higher than the water will get.
Below is basically a more detailed/illustrated version of my previous post with additional information backing up my thought process. I understand the typical flow of Bayous Manchac and Fountain, and that Spanish Lake typically drains into Manchac (via Alligator Bayou I believe?). I have also provided additional historic data below that illustrates the natural anatomy and functionality of the Spanish Lake sub-basin.
I appreciate the additional insight and am truly curious as to WHY it is being done the current way. It seems to me that the current solution seems to be literally a divisive solution between two neighboring parishes, that attempts to fight what nature intended for the area connecting the parishes.
I'm no expert by any means in this regard, and my insight is based primarily on what I learned and observed from the 2016 flood. I was fascinated to learn more about Spanish Lake and it's history. My confusion lies primarily in:
1) Why the water control structure was built 1' higher than the 2016 flood water?
2) Why the gates would be closed so that no water will be flowing into Spanish Lake?
3) Why the road (levee) was raised during construction?
Based on my current knowledge the answer to all three above questions are simply to keep water from flowing it's natural course from EBR to Iberville/Ascension via the Spanish Lake sub-basin (and the associated Bluff Swamp sub-basin).
Typical flow of Bayous Fountain, Manchac, and Alligator Bayou including the natural flood plains:
Additional info from Review of Proposed Water Management Plan:
quote:
2.2 Vegetation
Based on the historical aerial photography, water levels within the Spanish Lake sub-basin were not impounded until after the installation of the water control structure at the confluence of Alligator Bayou and Bayou Manchac. The structure, when closed, impounds surface run-off and floodwater. Prior to installation of the water control structure, water levels within the Spanish Lake sub-basin fluctuated naturally with Bayou Manchac water levels. This pulsed hydrologic regime is what created and supported the healthy forest ecosystem that existed prior to implementation of the Alligator Bayou floodgate. The situation in the Spanish Lake sub-basin contrasts with that of the Bluff Swamp sub-basin, which has retained a more natural flooding regime characterized by regular flooding and draining.
2.4.1 Historic hydrologic data
Historically there were two major hydrologic influences affecting water levels within the Spanish Lake and Bluff Swamp sub-basins, including: 1) surface flow generated from the upland agricultural lands along the Mississippi River conveyed into the Spanish Lake sub-basin via Bayous Braud and Paul; and 2) backwater flooding from Bayou Manchac. There also was occasional flooding of the area by the Mississippi River.
Backwater flooding from Bayou Manchac influences the extent and duration of flooding within the Spanish Lake sub-basin. The bayou merges with the Amite River near Hope Villa, Louisiana, which then discharges into Lake Maurepas. During significant storm events, backwater from the Amite River reverses the flow of Bayou Manchac, which then discharges into all Bayou Manchac’s sub-basins, including the Spanish Lake and Bluff Swamp sub-basins.
Historical Natural Backflow of Spanish Lake sub-basin:
In summary, it seems to me based on the above information that Spanish Lake is the natural backwater reservoir for such flood events. Building up Manchac Road and Alligator Bayou Road as a literal levee, along with creating a floodgate that will remain closed during such flood events has created a complete man-made blockade of the historical natural reservoir that was formed precisely for these scenarios. It just doesn't make any sense to me, so I'm trying to grasp why there's not a better solution. A comparison could be if Ascension built a dam across the Amite and said "We don't want your EBR river water flowing through here!"
Couldn't these same aqua dams be utilized to more safely funnel the excess water into the Spanish Lake basin while protecting as many residents as possible, as opposed to deliberately attempting to form a full blockade to the natural flow from one parish to the next?
Posted on 7/13/19 at 1:43 pm to SlowFlowPro
quote:
i actually want to read the federal stuff to read their arguments b/c "self help" is kind of a malleable term
I would imagine there are significant temporal issues. There may be civil liability for ill-conceived developments but the correct response to that is the civil process and not creating artificial dams at the 23rd hour. It will be interesting read.
quote:
if the ACOE says no permit is needed for jurisdictional issues,
I think it’s more narrow than that. The dam was placed on the roadway not the wetland which technically takes it from under their jurisdiction. It wasn’t a value judgment or a declaration that jurisdictions can create artificial barriers without any other considerations.
Posted on 7/13/19 at 2:42 pm to AGreySlate
Great job.
Question, why not open the flood gate and allow water back into Spanish Lake as it historically use to flow during flood events?
Question, why not open the flood gate and allow water back into Spanish Lake as it historically use to flow during flood events?
Posted on 7/13/19 at 3:36 pm to doubleb
quote:
Question, why not open the flood gate and allow water back into Spanish Lake as it historically use to flow during flood events?
I agree, and am curious of the same.
I also came across more information below that confirms my initial thoughts on Manchac Road...it's a man-raised levee/road that was raised specifically to create separation between the bayou and the flood basin.
More from Review of Proposed Water Management Plan:
quote:
2.5 Hydrologic Modifications
New channels for Bayou Paul and Bayou Braud were dredged to re-route surface flow away from Spanish Lake and directly into Alligator Bayou. In addition, the road that parallels Bayou Manchac was raised to create a protective levee between the sub-basin and the bayou.
For day to day flow, this seems logical and fair, but during a flood event I don't think it should fully blockade the flow of excess water to its natural historic backflow reservoir.
Posted on 7/13/19 at 3:50 pm to AGreySlate
If you ever ride down this road it’s obvious how Bayou Manchac has been corrupted by man and what use to be a significant artery between the Miss River and Lake Ponchatrain has been lost.
There are places where landowners have filled in Manchac for a driveway and there’s only a large pipe allowing water to pass.
It borders on the criminal.
There are places where landowners have filled in Manchac for a driveway and there’s only a large pipe allowing water to pass.
It borders on the criminal.
Posted on 7/13/19 at 3:55 pm to johnnyrocket
quote:
If it is owned by the parish or landowner does that person have the right to protect their property from a large amount of water which could negatively affect the swamps health?
Swamps are the places nature creates to hold excess water from streams and rivers. They’re meant to be flooded.
Posted on 7/13/19 at 4:24 pm to PhilemonThomas
Exactly...like I said...no one should be building significant structures (homes, etc.) in natural swamp basins. Same goes for homes in the Atchafalaya basin.
There was a lawsuit many years ago between the Alligator Bayou Swamp Tour group and a landowner(s) vs Iberville and Ascension Parishes. Swamp Tours wanted there to be a consistent minimum level of water in the swamp basin for their tours, but it would have to be artificially done of course.
Article about the lawsuit.
https://www.theadvocate.com/baton_rouge/news/article_b5ecdf84-3060-5dac-8dc5-b1e3cc0c493d.html
There was a lawsuit many years ago between the Alligator Bayou Swamp Tour group and a landowner(s) vs Iberville and Ascension Parishes. Swamp Tours wanted there to be a consistent minimum level of water in the swamp basin for their tours, but it would have to be artificially done of course.
Article about the lawsuit.
https://www.theadvocate.com/baton_rouge/news/article_b5ecdf84-3060-5dac-8dc5-b1e3cc0c493d.html
This post was edited on 7/13/19 at 4:42 pm
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