Here are some key resources for levee districts regarding emergency action plans and legal issues: - US Army Corps of Engineers Levee Safety Program website (http://ulc.usace.army.mil/) - Provides guidance on levee inspections, certification, rehabilitation programs and more. - FEMA Flood Insurance Rate Map Task Force website (www.fema.gov/business/nfip/fifm_task_force.shtm) - Information on levee accreditation and impact on flood insurance rates. - FEMA Emergency Management Institute Independent Study Program (http://training.fema.gov/) - Offers free online courses related to flood preparedness, response and recovery. - Association

1. Emergency Action Plans and Legal Issues
Allen Boone Humphries Robinson LLP
February 12, 2013
1

2.  A political subdivision of the State of Texas,
like a County or School District.
 Created over a limited area for the following
purposes:
◦ To construct and maintain levees and other
improvements on, along, and contiguous to rivers,
creeks and streams;
◦ To reclaim lands from overflow from these streams;
◦ To control and distribute the waters of rivers and
streams by straightening and improving them;
◦ To provide for the proper drainage and
improvement of reclaimed land.
2

3.  LIDs are created under the Texas Water Code,
Chapter 57.
 A majority landowner petitions the Commissioners
Court for creation. City consent is required when
creating a new LID. The County conducts a hearing
after petition to determine whether to create the LID.
 Districts under Chapter 57 have all the powers under
Article XVI, Section 59 of the Texas Constitution.
 LIDs are regulated by the Federal government, the
TCEQ, the Texas Attorney General (Public Finance
Division), Cities, Counties, and the EPA.
 LIDs are subject to the Open Meetings Act and Public
Information Act.
 Board members are subject to conflicts of interest,
nepotism, penal code provisions, ethics guidelines,
gift laws, etc.
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5.  The LID may enter into all necessary and
proper contracts and employ all persons and
means necessary to purchase, acquire, build,
construct, complete, carry out, maintain,
protect, and, in case of necessity, add to and
rebuild all works and improvements
necessary or proper to fully accomplish the
purposes of the district, including the
reclamation of land within the District.
 The powers granted are subject to
supervision and direction of the TCEQ.

6.  The Board of the LID shall also have the right to
purchase all materials, supplies, equipment,
vehicles, and machinery needed by the District to
perform its purposes.
 A district may purchase property from any
governmental entity by negotiated contract
without the necessity of securing appraisals or
advertising for bids.
 A district may act jointly with any other person or
entity, private or public, whether within the State
of Texas or the US, in the performance of any of
the powers and duties permitted by the code

7.  The District may adopt and enforce reasonable
rules and regulations to regulate the design and
construction of improvements and facilities that
outfall, connect or tie into district improvements
and facilities.
 A person who wrongfully or purposely cuts,
injures, destroys, or in any manner impairs the
usefulness of a levee or other reclamation
improvement, is guilty of a misdemeanor and
upon conviction is punishable by a fine of not
less than $100 nor more than $1,000 or by
confinement in the county jail for not more than
one year or by both.

8.  Bidding requirements apply to all construction
contracts. However, the LID is not required to
advertise for bids certain contracts for the repair
of district facilities if the scope or extent of the
repair work cannot be readily ascertained or if
the nature of the repair work does not readily
lend itself to competitive bidding.
 If the LID experiences an emergency condition
that may create a serious health hazard or
unreasonable economic loss, the district may
negotiate limited duration contracts to make the
repairs.

9.  Remember LIDs are created as the drainage
arms of the County.
 Each LID is different in:
◦ ETJ/City Governance
◦ Stage of Development
◦ Number of Residents
◦ Amount of Capital for Resources
◦ Proximity to River or Flooding
 So one solution/EAP/O&M doesn’t work for
all the LIDs in the County

11.  In order for a levee to be accredited by FEMA and
shown on a Flood Insurance Rate Map as providing
protected from the base flood, a levee must first be
certified by a Professional Engineer or a Federal
Agency that designs levees.
 Levees are accredited when levee owners provide the
appropriate data and documentation demonstrating
compliance with 44 CFR 65.10 in the following five
areas:
◦ General
◦ Design
◦ Operation Plans
◦ Maintenance Plans
◦ Certification Requirements

12.  The Operations and Maintenance (O&M) plans must
include:
◦ All closure devices or mechanical systems for internal
drainage, whether manual or automatic, must be operated
in accordance with an officially adopted operation manual.
◦ The LID must describe the documentation of the flood
warning system that will be used to trigger emergency
operation activities and demonstrate that sufficient flood
warning time exists for the completed operation of all
closure structures, including necessary sealing, before
floodwaters reach the base of the closure.
◦ A formal plan of operation, including specific actions and
assignments of responsibility by individual name or title.
◦ The levee system must be maintained according to the
District’s O&M Manual.

14.  Many times the USACE actually builds levees
for communities. Those are considered
federal levees. If the community locally
builds the levee, without the USACE’s help,
those are “non-federal” projects.
 The USACE has no required jurisdiction for
non-federal levees.

15.  RIP (PL84-99) is a program established by
USACE that provides for inspections of
constructed Federal and non-Federal projects
damaged by floods and storms.
 Financial assistance for levee rehabilitation is
limited to repairs or restoration of the
project’s pre-disaster condition and level of
protection.
 An initial eligibility inspection must be
performed by USACE and subsequent
maintenance inspections are required.

16.  The USACE Inspection Report (to obtain
status in RIP) asks the following questions:
◦ Does the District maintain a stockpile of sandbags,
shovels, and other flood fighting supplies which will
adequately supply all needs for the initial days of a
flood fight?
◦ Does the District have a written specific flood
response plan and a solid understanding of how to
operate, maintain, and staff the District’s system
during a flood?
◦ Does the District maintain a list of emergency
contact information for appropriate personnel and
other emergency response agencies?

17.  Local government and/or flood control
districts have the responsibility of
maintaining a supply of sandbags that is
adequate to cover anticipated emergencies.
USAC maintains a limited stockpile of
sandbags and other flood fighting materials
that are intended to be available to
supplement the flood emergency situation.
USACE should not be considered as the
supplier of first resort for sandbags.

18.  It is the District’s responsibility to stockpile and
maintain the necessary supplies and equipment
needed to respond to a typical high-water event.
◦ Sandbags
◦ Plastic Sheeting
◦ Shovels/Sandbag filling machines
◦ Emergency lighting
◦ Communication System (two-way radios)
◦ Riprap for erosion
◦ Flotation Vests
◦ Pumps
◦ Sources of Borrow Material

19.  Hazard Identification and Analysis
 Define the scope of the emergency response
authorities and the potential missions
 Specify what, when, where, and how.
 Public Sponsor responsibility:
◦ O&M of existing flood damage reduction structures
◦ Flood exercises and flood fight training
◦ Prepare disaster plans
◦ Maintain stocks of emergency supplies (sandbags,
pumps, rock, etc.) sufficient for meeting recurrent
or routine problems.

20.  Flood Preparedness Plans should include the
following:
◦ Organizational Chart/Roster of Emergency
Notification
◦ List of Important Project Features (low areas, areas
subject to boils, alternate access points to the levee)
◦ Flood Response Plan (outline items that need to be done
during a flood fight and when)
 This Plan shouldn’t be long and wordy and
should be reviewed annually and after each
flood event

21.  Address actions that need to be done during
a flood fight, when these actions need to be
done, and who performs these activities.
 Identification of equipment and supplies on
hand, staging areas and potential borrow
sites.
 Emergency notification procedures and phone
contacts.
 Known problem areas.

22.  Identify known problem areas:
◦ Sandboils
◦ Seepage
◦ Recent Construction Areas
◦ Weak spots/low spots of the levee
 Personnel Rosters
 Levee Closures
 Supplies & Equipment
 Impacted Utilities
 Road Closures
 Communication means and options

23.  USACE recommends holding a training or flood
control exercise once a year
 At a minimum it should include
◦ Physical operation of project features such as sluice
gates
◦ Notification of emergency personnel
◦ Testing communications
◦ Mobilization of monitoring teams
◦ Basic flood fighting techniques, such as how to ring a
sandboil
◦ Coordination and control (among volunteers, patrols,
operators, and nearby levee districts)
◦ Dissemination of information to the public

24.  Exercises are designed to:
◦ Improve individual performance
◦ Let individuals know what their roles could include
◦ Improve plans
◦ Identify resource and/or procedural gaps
◦ Improve coordination
◦ Clarify roles and responsibilities
◦ Gain buy-in by staff of emergency response program
 After Exercise
◦ Don’t forget to evaluate and change your plans after the
table-top exercise to edit what went well and what
needs improvement.

26.  http://ulc.usace.army.mil/
 www.fema.gov/business/nfip/fifm_task_force
.shtm
 http://training.fema.gov/
 www.floods.org