Elgin neighborhood floods due to new subdivision, residents say

ELGIN, Texas - Neighbors living in Bastrop County say they have experienced unprecedented flooding ever since development began on a new subdivision just up the road. 

MJ Messinger has been at her property for almost two decades. She shared videos and pictures of flooding on her property that she said only started in January 2023.

"The only equation that has changed in this property in 18 years is that development up there, the way that property was developed," said Messinger.

Messinger's neighbor, Billy Maynard, has been at his property for even longer.

"I’ve never had any problems until they started a subdivision," he said.

They said land that used to serve as a natural drain now diverts water toward their properties.

"We get an inch and a half, two inches of rain, it comes down the hill...comes across the road, over the road, and it floods my whole pasture," said Maynard. "My pasture looks like a lake."

FOX 7 visited one of the detention ponds put in place by the developer. 

"They're not sufficient. They created the nightmare for us," said Messinger. "When it rains, I get water. I can manage water. I've managed water for all this time. The only time it actually came to my backyard was when we got about 12 inches in about one day's time, in about four hours' time."

"They can put floodgates in there where they've got the opening," said Maynard. "And when the water gets up a certain height, then they can start to release water at a slow rate, and it doesn't flood anybody."

Maynard and Messinger said it’s more than just an inconvenience.

"I can't run [my cows] in that pasture when it’s flooding like that," said Maynard. "And then this past weekend, I found out I had a tank full of water moccasins down there, and we had to shoot a bunch of water moccasins. I don't like them either, but they also bite cows and dogs. I lost a dog from that."

They have both tried to get the attention of county and even state leaders. 

"These developers are flooding people and causing problems," said Messinger. "And the county just said it's a civil lawsuit. We can't do anything about it."

A lawsuit was filed in Bastrop County in February by Messinger against the development company, claiming that the "defendants have taken intentional action to concentrate and divert storm runoff onto the Plaintiff's property" and asking for monetary damages over $1,000,000 and injunctive relief.

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Between 2020-23, TCEQ received three complaints regarding construction-related stormwater discharges at the new subdivision.

"TCEQ issued violations to Summer Moon Phase 2 for failure to obtain a construction general permit; failure to design, install and maintain effective erosion controls; failure to develop a stormwater pollution prevention plan; failure to post construction site notice; and failure to install and maintain best management practices," said a TCEQ spokesperson in a statement to FOX 7. "As of March 2024, all violations have been resolved."

The spokesperson noted that "TCEQ does not have jurisdiction for flooding and is limited to regulating the discharge of pollutants into water in the state and protecting the water quality of the state’s rivers, lakes and coastal waters."

According to the agency, any flooding concerns should be directed to the local floodplain administrator.

"Bastrop County has done everything in their power to address the concerns of these citizens. We organized and participated in several meetings with the Summer Moon II developers, engineers, Representative Stan Gerdes’ office, and the concerned constituents," said a spokesperson for Bastrop County Commissioner Precinct 4. "The Summer Moon II development met the requirement of Bastrop County’s Subdivision Regulations and therefore the County passed the final plat in February 2024."

But as Central Texas is in the thick of the rainy season, the forecast is grim for these neighbors.

"I'll be hammered," said Messinger.