History of Pearl River Flood Control Efforts

The Easter flood of 1979 was one of the most costly and devastating floods to ever occur in the state of Mississippi, causing an estimated $500-$700 million in damages.   Thousands of homes and businesses in the Jackson area were inundated in the flood stage that  lasted from 10 to 14 days in some areas.   After the Easter flood, Congress authorized the Army Corps of Engineers to develop a comprehensive flood control plan for the Jackson metropolitan area.  

"Thirty-eight years after the 1979 flood, a comprehensive flood control plan for the Jackson metropolitan area still has not been instituted." "Many of the plans for flood control in the Jackson metro area mix flood control with economic development. The plans incorporating economic development cost more than levees." PEER 540: Report to MS Legislature, 2010

Since 1979, numerous Pearl River flood control plans have been introduced.  Originally, flood control plans, such as the Shoccoe Dry Dam Plan authorized by Congress in 1986 and the Comprehensive Levee Plan proposed by the Army Corps of Engineers in 1996,  focused solely on flood control and their environmental impact.  Later, flood control plans attempted to generate economic development opportunities as well as provide flood control, starting with the Two Lakes Plan in 1996, the LeFleur Lakes Plan, the Lower Lake Plan and the One Lake Project. 

In 1996, US Army Corps of Engineers Feasibility Report, Flood Control, Pearl River Basin, Jackson Metropolitan Area, Mississippi recommended a system of flood walls and levees for flood control called the Comprehensive Levee Plan.   

Also in 1996, the Two Lakes Plan was proposed by John McGowan, his oil and gas company, McGowan Working Partners, and other landowners who advocated for the building of two lakes on the Pearl River.  The plan included dredging and widening the Pearl River channel between the Ross Barnett Reservoir and Richland and the insertion of weirs to create a 4,500-acre upper lake and  a 500-acre lower lake.  The Corps of Engineers estimated that the project would cost about $1.5 billion including a $150 million landfill removal.   The Levee Board and the Corps of Engineers rejected the project.

In 1998, the Comprehensive Levee Plan proposed by the Army Corps of Engineers failed to receive local support.  

In 2001,  Rankin-Hinds Pearl River Flood and Drainage Control District (also known as the Levee Board) accepted the role of local sponsor, taking over responsibility for planning and executing flood control projects in the Jackson area.   The 1962 Urban Flood and Drainage Control Law allows for the creation of flood and drainage districts typically referred to as "state agencies".     However, the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) report 545, notes that, in this case, "this particular district lacks certain attributes commonly associated with state agencies.  The district is not subject to the appropriations and budgetary oversight processes of the Legislature."  The report also states that the Levee Board "appears" to be immune to tort claim issues because its area of service and responsibility is not statewide.  The Levee Board budget comes from millage generated by property owners who live within its boundaries.   

"Of particular note are the efforts of the district's board related to recent efforts to improve flood control through the consideration of both levee protection and several proposals dealing with the construction of lakes along the Pearl River."  PEER 545: Report to MS Legislature, 2010

In 2001, the Levee Board adopted the LeFleur Lakes Plan, a flood control and economic development plan similar to John McGowan's Two Lakes Plan, but slightly modified.  

In 2006,  the Levee Board established a nonprofit called the LeFleur Lakes Development Foundation to assist with funding.   According to PEER report 545, active members of the Levee Board also served on the Board of Directors for the new non-profit Foundation.  PEER report 545 states that, "because the LeFleur Lakes Development Foundation is a non-profit organization, it is eligible  to apply for grants for which the district is ineligible. The foundation received $99,200 through the Housing and Urban Development Economic Development Initiative Grant for FY 2009, $347,200 through the Housing and Urban Development Neighborhood Initiative Grant for FY 2009, and $345,530 through the Small Business Association Congressional Mandated Award to be used toward the LeFleur Lakes Project for FY 2007."

From 2003 to 2007, the Levee Board worked with the Corps of Engineers to study the LeFleur Lakes Plan.  The $2.85 million budget for the LeFleur Lakes Plan study was to be split by the Corps and the Levee Board.   The Boards of Supervisors of Hinds and Rankin counties agreed to provide the 50% local cost share. 
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After 11 years of modifications and planning, the various lake projects failed to meet the Corps standards for being economically or environmentally feasible.

​In 2007, after several modification attempts, the Corps concluded that the LeFleur Lakes Plan was less effective as a flood control than the Comprehensive Levee Plan.   In addition to providing less flood control, one modification called the LeFleur Lakes plus Additional Levees Plan had an estimated cost of $1.4 billion, not an economically viable flood control plan according to the Corps of Engineers.

After the failure of the LeFleur Lakes Plan, the Levee Board proposed the Lower Lake Plan.  "The Lower Lake Plan estimates $605 million in upfront costs for levee stabilization, lake construction, property aquisition and core infrastructure with the majority of the costs expected to fall on the public sector". 

In July 2007, The Water Resources Development Act (WRDA) authorized federal expenditure for the Comprehensive Levee Plan or a locally preferred plan. Federal funding participation is limited to the amount necessary to pay the federal share (65%) of the Comprehensive Levee Plan which equals $133,770,000.  The WRDA from the Army Corps of Engineers written in May 2008 authorizes the Levee Board to execute the plan as Section 211 project, which allows authorized non-federal agencies to undertake flood reduction projects with a higher degree of local control.  
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Between 1979 and 2010, four Pearl River flood control studies were conducted in order to find a "politically supportable, implementable flood control solution for the Jackson metropolitan area.  Combined, the studies cost federal and local taxpayers approximately $7 million.  However, none of the studied options have gained the necessary local and federal support needed for implementation." PEER 545: Report to MS Legislature, 2010

In Dec 2009, Rankin-Hinds Pearl River Flood and Drainage Control District "voted to move ahead with a levees-only flood-control plan endorsed by the U.S. Army Corps of Engineers. Flowood Mayor Gary Rhoads moved to accept the Corps' recommendation that the levees along the Pearl River between Hinds and Rankin counties be extended.​"

​In 2011, John McGowan and other real estate developers formed a nonprofit called the Pearl River Vision Foundation to promote a new lake development called the One Lake plan.  A draft agreement between the Rankin-Hinds Levee Board and the Pearl River Vision Foundation stated that, "Pearl River Vision proposed to utilize the expertise of the services of John McGowan of McGowan Working Partners and several engineering, environmental and legal professionals, with all such services being provided at no cost to the district, as a means to address the District's desire to complete the flood control project study..."   At that time, the Corps of Engineers, concerned about the structure of how they were putting the deal together, required that a Conflict of Interest policy be drafted.

In Oct 2012, the Vision 2022 presentation by the Greater Jackson Chamber Partnership included the One Lake project as part of its Jackson-area economic development plan.   The Greater Jackson Chamber Partnership donated $200,000 to the Levee Board for the One Lake EIS and feasibility studies.  

In May 2013, the Mississippi Development Authority with permission from Governor Phil Bryant, provided the One Lake project with $1 million of Mississippi state funds for the One Lake EIS and feasibility studies.   After receiving this grant, the Levee Board reimbursed the Pearl River Vision Foundation more than $200,000 in costs associated with the EIS and feasibility study.  

In 2016,  Mississippi's congressional delegation added a provision to the Water Resources Development Act (WRDA) directing the Army Corps of Engineers to "expedite" its review of the One Lake draft EIS/feasibility study. 

In 2017, House Bill 1585 gave the Levee Board authority to tax "property that is directly or indirectly benefited" by a flood control project.  The bill allows the Levee Board authority to decide which land within the district would benefit from the One Lake project and "levy a special improvement assessment" in order to "provide funds for the operation, maintenance and preservation of the project."

In February 2018,  House Bill 1631, "An Act to Authorize the Issuance of State General Obligation Bonds in the amount of $50,000,000 to Assist the Rankin-Hinds Pearl River Flood and Drainage Control District in the construction of Flood Control Project on the Pearl River", was referred to the MS House Ways and Means Committee.  During the bill debate on the House floor, Representatives were told that the One Lake project had approval from the Army Corps of Engineers and MDEQ when, in fact,  the Army Corps of Engineers had not yet released their study and MDEQ had not approved it.   The House vote failed on 2/20, a Motion to Reconsider Entered (Smith, Lamar),  and the House vote passed on 2/22.  The bill was transmitted to the Senate on 2/23.  The bill died at the Senate Finance Committee. 

In 2018, Senator Cassidy and Representative Scalise worked to add the following language to the WRDA 2018 (America's Water Infrastructure Act) Section 1176: "When reviewing the feasibility study and the environmental impact statement for a project under subsection (b), the Secretary shall follow current USACE Policy, Regulations, and Guidance, to assess potential adverse downstream impacts to the Pearl River Basin. Upon completion of the Secretary’s determination under subsection (b), the non-Federal sponsor shall design the project in a manner that addresses any potential adverse impacts or that provides mitigation in accordance with section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283)."

On June 23, 2018, an incomplete One Lake project Draft Environmental Impact Statement/Feasibility Report was released to the public with an associated 45 day public comment period.  The released DEIS was missing key components including the Biological Assessment, Biological Opinion, Endangered Species Act Consultation, Fish and Wildlife Coordination Act  information and Independent External Peer Review.   After 26 citizen groups, Lawrence County and the Louisiana Senate wrote the sponsors asking for an more time to comment on the DEIS, the public comment period was extended until Sept 6th.    Public meetings were held in Jackson, MS, Pearlington, MS and Slidell, LA.  Despite promising open debate, the Levee Board allowed no one from the public to speak or ask questions via microphone at any public meeting.  At the end of the public comment period, the DEIS was still missing key, required documents including the Biological Opinion and the Independent External Peer Review. 

In February 2020, after addressing all public comments and incorporating them in revisions of the Environmental Impact Statement, the Levee Board sent the EIS to the Army Corps of Engineers.  At that time, the required Agency Technical Review report and the Independent External Peer Review report still had not been released to the public.  

Since February 2020, the US Army Corps of Engineers (USACE) HQ has been reviewing the FS/EIS for Policy and Legal compliance.  Over the past two years, the USACE has requested additional information and alterations from the Levee Board.  In March 2022, Senator Wicker announced $300,000 in Infrastructure Investment and Jobs Act (IIJA) federal funding for the Pearl River Flood Control Project "studies". In October 2022, the Army Corps of Engineers announced that flood mitigation funded by the IIJA "includes $221 million in construction funding for a comprehensive flood damage reduction plan for the Pearl River in Jackson, Mississippi, contingent upon the Secretary’s evaluation that the proposed project will meet environmental and other criteria. Funding to perform the evaluation is also contained within the spend plan." $221 million is the appropriation for the federal cost share of the One Lake project.  An additional $700,000 for One Lake "federal evaluation study" was also appropriated. 
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Next steps are unclear but could include the following:

• If all policy and legal guidelines are met according to USACE standards, the FS/EIS would be sent to Federal and State Agencies for review. 
• Levee Board would address any and all comments from this review. 
• USACE would then publish the FS/EIS to the Federal Register and initiate a Public Review and associated 30-45 day comment period.
• Assistant Secretary of the Army (Civil Works) would make final determination on whether the project proceeds. 

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Current members of the Rankin-Hinds Pearl River Flood and Drainage Control District (Levee Board):

-President of the Board, Mayor Gary Rhoads, City of Flowood
-Mayor Chokwe Lumumba, City of Jackson
-Mayor Pat Sullivan, City of Richland
-Mayor Jake Windham, City of Pearl
-Mr. Robert Graham, Hinds County Board of Supervisors Representative
-Mr. Jay Bishop, Rankin County Board of Supervisors​ Representative
​-Vacant, State of Mississippi Representative 

​Levee Board meetings are open to the public, first Monday of every month, 3:00 pm, Flowood City Hall

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Rankin Hinds Pearl River Flood and Drainage Control District boundaries map

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Pearl Riverkeeper asks that everyone make his or her own decision regarding the One Lake project using sound science and engineering.  We encourage the review and thorough analysis of all available information.  We welcome comments and feedback.  Please email Pearl Riverkeeper or visit our Facebook  for comment space.  Our publishing, or re-publishing, of anyone else's research or opinions is not an endorsement on our part of those conclusions.

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Sources:
1996 Army Corps of Engineers Feasibility Study (Comprehensive Levee Plan)
2010 PEER Report 540
2010 PEER Report 545
2008 WRDA Authorization Letter​
​Section 211 Support Agreement
​Jackson Free Press, Pearl River: A Development and Flood Control Saga
​Jackson Flood of 1979 - Journal of American Planning Association