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.