Kleinwood Municipal Utility District (the “Water District’) is governed by Texas Water Code Chapters 49 and 54, and subject to the continuing supervision of the Texas Commission on Environment Quality (“TCEQ”). The Water District’s primary purposes are to:
- Provide water supply for all domestic purposes and commercial use in the Water District
- Collect, process and dispose of sanitary waste in the Water District.
- Gather, conduct, divert and control local storm water in the Water District.
All rain water run off in the Water District is transported to Cypress Creek south of Meyer Park as part of the Harris County Flood Control District master drainage plan. Detention ponds are an integral part of the Water District drainage plan requirement to control storm water and mitigate flooding within the Water District as well as down-stream neighbors. The Water District funds its drainage responsibility through general operating revenues, which includes maintenance and operating tax revenues collected on all taxable property in the Water District, and water and sewer revenues.
Under Harris County rules, development of The Falls at Champion Forest (“The Falls”) and Champion Falls Estates required the construction of a detention pond. The developer pre-funded for the District the detention pond and also made it an amenity feature. The Water District reimbursed the developer of The Falls for the detention pond land and construction cost. There was no payment to the developer for any amenity features such as the water falls. Since The Falls detention pond was also used as an amenity feature, the Water District Attorney recommended the Water District deed the detention pond to The Falls HOA but retain a drainage easement for the purpose of insuring the drainage and detention features of the ponds remained intact.
The same applies to the detention pond for Champion Woods with the exception that the pond is not developed or operated as an amenity. This pond operates solely as a detention facility.
Currently, The Falls and Champion Woods HOAs are paying for the maintenance of their respective detention ponds and both organizations have asked the Water District to accept operation and maintenance of them. The Board of Directors of the Water District has approved assuming the costs to maintain the drainage and detention features only of The Falls and Champion Woods detention ponds as the Water District has some obligation to make certain that the drainage features remain operable as constructed.
Several years ago the Water District purchased a lot in the Kleinwood Subdivision on Squyres Road. The Water District constructed a detention pond on the lot to help mitigate flooding issues in the Kleinwood Subdivision. Construction included not only the detention feature, but a walking garden complete with landscaping and irrigation. This project was paid for by the Water District from maintenance and operating tax revenues. Annual maintenance of this detention pond and walking garden are also paid by everyone in the Water District.
The assumption of the maintenance and control of these two detention facilities by the Water District will not require a Water District tax increase as the expense for these services will be absorbed within the regular operating budget.
Kleinwood MUD is working with The Falls at Champion Forest, Champion Falls Estates and Champion Woods Estates subdivisions to assume a portion of the maintenance of the detention ponds. Texas law provides that one of the purposes of municipal utility districts, such as Kleinwood MUD, is the control, storage and distribution of stormwater which includes the power to handle drainage and detention for the areas within its boundaries. Also, Harris County infrastructure regulations require any facility draining water from public streets to be maintained by a governmental entity such as Kleinwood MUD. The Falls at Champion Forest, Champion Falls Estates and Champion Woods Estates subdivisions are all located within Kleinwood MUD as well as the subdivisions of Kleinwood, part of Memorial Northwest Section 19 and Cypresswood Forest Section 1.
Kleinwood MUD was created in 1972, and at that time detention ponds were not a requirement. Since then, there have been years of studying Harris County’s drainage patterns to better identify flood prone areas. As a result, the Harris County Flood Control District implemented rules around 1985 that now require detention ponds for almost all developments over 1-acre to mitigate flooding caused by new development. As Kleinwood MUD is located in Harris County, all plans for development of property in Kleinwood MUD must be approved by the Harris County Flood Control District.
Yes, Kleinwood MUD owns and operates the pond in the Kleinwood Subdivision at Squyres Road and Litchfield Lane.
Kleinwood MUD will contract with a company that specializes in maintaining detention ponds. As part of its evaluation of maintaining the detention ponds, Kleinwood MUD obtained proposals from two companies that provide these services to many other municipal utility districts in the area.
No, there will not be an increase in your taxes or water bill to maintain the detention ponds.
If Kleinwood MUD assumes maintenance of the detention ponds, the storm water quality permit, where applicable, will also be assumed by Kleinwood MUD, once each of the respective homeowners associations pay for and have the proper permitting in place. Around 2001, Harris County began requiring stormwater quality features on all new development over 5- acres. A stormwater quality feature is a structure that reduces pollutants in stormwater run-off by filtering debris out of the stormwater run-off The yearly renewal process, as required by Harris County, allows Harris County to manage and track the maintenance of the stormwater quality features by the permitees.
No, Kleinwood MUD will only be maintaining the detention and drainage features of the detention ponds, and will not be maintaining any fountains or amenities or decorative landscaping. Kleinwood MUD will mow the ponds ten (10) to twelve (12) times a year and will make repairs, as necessary, to drainage features only.
Updated 2009