Kingwood Observer and Sun
Wednesday, March 24, 1999
Private wells appear as residents drill for water

By JOYCE CLARK

Some area residents may be in hot water over well water.

A Kings Forest resident phoned The Observer & Sun last week to say a neighbor was having a well drilled in because of Houston's high water rates.

Meanwhile, in Forest Cove, tempers are predicted to be boiling at the March 25 property owner's association meeting in regard to residents putting in water wells that violate deed restrictions.

One company is busy keeping up with demand, putting in several since January.

"We were in Forest Cove and we drilled 12 wells and we have 15 more waiting to be drilled. But now the civic club in Forest Cove is having a big fight over it," said Mrs. Homer Lowe of Lowe Water Well Inc. in Porter.

"Kingwood people were telling us there is nothing in the restrictions regarding water wells. We even drilled wells in Forest Cove for lawyers in Forest Cove and they didn't say anything." Lowe said.

Lowe said her company does not know they must obtain from the Harris Galveston County Substance District in order to drill. She said it's a simple process.
"We fax it in and they check it out and sign the permit and send it back," she said.
Vicki Flake, president of the Forest Cove Property Owner's Association, only wishes it were that simple.

Flake said it came to her attention in February that Lowe Water Wells Inc. was drilling wells in her neighborhood.

Flake checked deed restrictions and confirmed that wells are allowed only in section 3 of Forest Cove and that they must be approved by the Forest Cove Association.

"We called the water well company and they said they had been told the restrictions were being changed," Flake said.

However, Flake said the drilling company had been given the wrong information.

"They were right in that we're in the process of getting together a set of deed restrictions to voted on, but the restriction on water wells were still there in the proposed restrictions."

"I don't have any problem with people who are trying to find an alternative to the high water bills of Houston. But the point is that the community, all 12 sections Forest Cove, would have to vote to change the deed restrictions. People can't just go off and do whatever they want," Flake said.

Flake said since January alone 15 to 20 houses have put in wells. "They have been sent letters to disconnect or dismantle until we get this resolved," Flake said.

Another drilling company, Coastal Water Well of Porter, was in the process of drilling a water well in Kings Forest last week.

"They were complaining about the high cost of water bills for their sprinkler systems. So we are drilling a well for irrigation," said Mildred Gehrels whose husband Bo Gehrels owns the company. "This is only the second one we've drilled in Kingwood," she said. We drilled one last year in Kingwood for a new home."

Mike Breazeale is with the city of Houston building permit and inspection office in Kingwood.

Breazeale said the city of Houston is primarily concerned with electrical and plumbing permits in regard to water wells.

"You do have to have electrical and plumbing permits to put in a well, but we are not the ones who tell people if they can put in a well or not," he said.

Melvin Embry, deputy director of planning and development for the city of Houston agreed that, provided certain regulations are followed, decisions in regard to whether wells can be put in are mostly up to community associations.

"If a private water well is put in, the Texas Natural Resource Conservation Commission has jurisdiction over the person drilling the well, but not over the property owner and not over the well," Embry said.

"If it is for irrigation purposes, the property owner would have to use an irrigation installer licensed by the state of Texas, and they would have to have a permit from the city of Houston for an irrigation system. Then the city of Houston would come out and inspect the irrigation system to make sure it met city codes. Also, the parts that are in Harris County would be governed by the subsidence district for Harris County," Embry said.

The Forest Cove Property Owners Association will meet at 7:30 on March 25 at Forest Cove Community Center, 1025 Marina Drive. For more information call, 358-2210.

For more information regarding water wells in Kingwood villages, residents should contact their community associations or read their deed restrictions.

Kingwood Observer & Sun
Wednesday, March 31, 1999
Private wells, sidewalks draw crowd to Forest Cove community meeting
By BRIAN SHMAEFSKY
Contributing Writer

Tempers flared over sidewalks and water wells at the March 25 Forest Cove Property Owners Association (FCPOA) meeting. Residents came to discuss the Houston Sidewalk Program and the Forest Cove deed restriction that prohibits the drilling of wells.

These issues have caused a rift in the Forest Cove community since being annexed by Houston. According to several residents, there were no problems such as these until after the annexation.

More than 100 residents attended the meeting.

"This is the main reason why all of you came here," announced Vicki Flake, president of the Forest Cove Property Owners Association.

"I am speaking on behalf of those with current water wells and wanting water wells," said Forest Cove resident John Grayson. "We want to have wells to better the property and the area."

Well drilling became a big issue since the annexation of Forest Cove doubled the cost of water for the average household. The estimates are based on the average household using more that 15,000 gallons of water per month.

"I find it not to be a successful effort for the board to enforce well deed restrictions," commented Grayson. "It would divide the community and pour money into an unresolved issue. There are no wrong parties here and we need to work this out in a non-combative way."

Grayson then recommended that the board drop, amend, or not enforce the deed restrictions. At this point Flake commented, "The board has not decided on dropping the deed restrictions. We need to consider very much on this issue."

Another resident, John Hort, supports the wells, "I am a long-time resident of Forest Cove I have a hard time understanding the water well restrictions. I need a lot of water to maintain my land and the quality of my land contributes to the value of my home and neighborhood. I cannot afford to keep my yard alive with Houston's water costs.

"Restrictions are supposed to protect property value. Yet, I see the well restriction as something that will decrease property values. I believe the well restrictions were really a way to protect the MUDs from competition. This is not an issue anymore," said Hort.

"This is not an issue of if one favors a water well or not," FCPOA attorney Rich Butler explained. "We have a situation where people are violating deed restrictions. It puts the board in an uncomfortable position to have to enforce the restrictions.

"We cannot permit some wells and not others with the current dead restrictions. I cannot recommend having the board ignore the restrictions. Restrictions are difficult to amend and requires much time and thought to get it supported."

"The board is not in a position to decide what restrictions are good or bad," Butler admitted. "Even if well restrictions were dropped you would still need a permit from Houston to build the well. If they say you cannot do it, then you are stuck and it has nothing to do with the board."

Responding to a question as to whether or not residents could petition the board to change the deed restrictions, Butler said, "Yes, but it must have the requisite certified signatures and be filed with the County Clerk. One section can petition separately even though it is part of a larger community. I would get on it right away if you want to act on this issue." Several residents said they would volunteer to gather a petition.

"Why did some people violate the deed restrictions knowingly?" asked a resident who appeared annoyed by the arguing. "Why didn't they come to he board in the first place?"

Flake responded, "This is a lot of work for us to handle these violations. I would have preferred people asked us to change the restrictions rather than violate the restrictions first. We have many things to consider on this issue."

Others brought up concerns about subsidence. The state of Texas has mandated the conversion from ground water to surface water.

"What would 500 shallow wells do to Forest Cove?" commented Flake. "Would it cause more subsidence? Subsidence people will be out here in April. We need to hear from. these people. Causing subsidence for nice lawns is not our goal."

The city of Houston Sidewalk Program was discussed at length.

"We do not want to come in here and build sidewalks without the residents wanting them," George Bravenec of the city of Houston Public Works Department's Houston Sidewalk Program said. "It would be a waste of taxpayers' money if they are not wanted and are not being used."

Bravenec stated that limited funds prevent the city from fulfilling all the requests to build or repair sidewalks throughout the area.

"The city of Houston has three sidewalk programs. The Safe Schools Program, the Major Thoroughfares Program and the Neighborhood Sidewalk Replacement Program. We have looked into seeing if Hamblen Road qualified for the Major Thoroughfares Program," explained Bravenec.

Bravenec was responding to specific concerns from a sidewalk survey recently conducted in Forest Cove. The survey was distributed to Hamblen Road property owners by the association. Only 44 percent of the residents responded. Of those who responded, 90 percent were against construction of a sidewalk and were interested in other options for handling bicycle and pedestrian traffic along Hamblen Road. A desire to stop current sidewalk construction was requested by 90 percent of the respondents.

Residents voiced concerns about the liability and responsibilities of residents who have sidewalks placed on their property by the city. Bravenec assured the residents, "Sidewalks will not be on put on private property. They will be located along the roadway between the property and the drainage ditch, assuming the property doesn't regularly flood. In that event, they will be placed between the roadway and the drainage ditch if it is safe to do.

He mentioned that some ditch drainage would need to be done to alleviate flooding of the sidewalks. "In cases of liability, the city of Houston owns the sidewalk. Residents should be aware of the condition of the sidewalks to be sure it will not cause anyone to have an accident that could lead to a law suit," explained Bravenec.

Bravenec commented, "Sidewalks are the safest alternative to traveling near a road if they are located properly." He went on to explain, "Most pedestrian accidents occur to people walking along the sides of busy roads."

"Sidewalks are good for 20 years unless a semi-trailer crushes it. Tree roots take years to destroy the sidewalk," said Bravenec, again assuring the residents that he responsibilities for having a sidewalk near their property is minimal. He did caution the audience, "The city does own he sidewalk and residents are not 'free to tear them out. However, they can be repaired by the resident at the resident's expense."

Bravenec concluded saying, "I do want to say that the city will not come in and build sidewalks if you don't want them."

The meeting ended with some residents still desiring the freedom to have wells and the board wanting to maintain current deed restrictions. Forest Cove residents should expect another stormy meeting about the water well issue at the upcoming April meeting.