Settlement Over Private Border Wall Won’t Stop Flooding or Erosion of Rio Grande Shoreline, Experts Say

The 2020 storm Hurricane Hanna left waist-deep cracks on the banks of the Rio Grande along parts of a private border fence, which threatened the structural integrity of the project, experts said. Credit:James Hord for The Texas Tribune

Federal prosecutors reached a settlement agreement this week with the construction company that built a troubled private border fence along the Rio Grande in South Texas.

The settlement caps off two and a half years of legal wrangling after the federal government sued Fisher Industries and its subsidiaries, alleging that the 18-foot-tall and 3-mile-long fence led to erosion so significant that it threatened to shift the border and could cause the structure to collapse into the river, impacting a major dam.

Under the agreement, the company must conduct quarterly inspections, maintain an existing gate that allows for the release of floodwaters and keep a $3 million bond, a type of insurance, for 15 years, or until the property is transferred to the government, to cover any expenses in case the structure fails.

Experts told ProPublica and The Texas Tribune that the settlement provides insufficient protection to the Rio Grande’s shoreline and leaves too much discretion to the builder when it comes to maintaining and inspecting the bollard fence.

“They’re putting Band-Aids on top of Band-Aids to fix the initial problem that they caused,” said Adriana E. Martinez, a Southern Illinois University Edwardsville professor who studies river systems. She said the settlement does not require enough from the company to prevent additional flooding or damage from the fence.

The settlement lets Fisher Industries select the places along the fence to inspect for damage, decide what triggers some repairs and reject any proposed changes to the maintenance plan suggested by the government. It also allows the company to police itself instead of requiring a third-party inspector, said Amy Patrick, a Houston forensic structural and civil engineer and court-recognized expert on wall construction.

“It appears as though they are trusting the contractor far more than I have seen other contractors trusted,” she said.

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Privately built border wall will fail, engineering report says

The 3-mile border fence along the shore of the Rio Grande will fail during extreme flooding, according to an engineering report that is set to be filed in federal court this week. Credit: Brenda Bazán for The Texas Tribune.

It’s not a matter of if a privately built border fence along the shores of the Rio Grande will fail, it’s a matter of when, according to a new engineering report on the troubled project.

The report is one of two new studies set to be filed in federal court this week that found numerous deficiencies in the 3-mile border fence, built this year by North Dakota-based Fisher Sand and Gravel. The reports confirm earlier reporting from ProPublica and The Texas Tribune, which found that segments of the structure were in danger of overturning due to extensive erosion if not fixed and properly maintained. Fisher dismissed the concerns as normal post-construction issues.

Donations that paid for part of the border fence are at the heart of an indictment against members of the We Build the Wall nonprofit, which raised more than $25 million to help President Donald Trump build a border wall.

Former Trump chief strategist Steve Bannon, We Build the Wall founder Brian Kolfage and two others connected to the organization are accused of siphoning donor money to pay off personal debt and fund lavish lifestyles. All four, who face up to 20 years in prison on each of the two counts they face, have pleaded not guilty, and Bannon has called the charges a plot to stop border wall construction.

We Build the Wall, whose executive board is made up of influential immigration hard-liners like Bannon, Kris Kobach and Tom Tancredo, contributed $1.5 million of the cost of the $42 million private border fence project south of Mission, Texas.

Last year, the nonprofit also hired Fisher to build a half-mile fence segment in Sunland Park, New Mexico, outside El Paso.

Company president Tommy Fisher, a frequent guest on Fox News, had called the Rio Grande fence the “Lamborghini” of border walls and bragged that his company’s methods could help Trump reach his Election Day goal of about 500 new miles of barriers along the southern border.

Instead, one engineer who reviewed the two reports on behalf of ProPublica and The Texas Tribune likened Fisher’s fence to a used Toyota Yaris.

Continue reading at The Texas Tribune.

A Privately Funded Border Wall Was Already at Risk of Collapsing if Not Fixed. Hurricane Hanna Made It Worse.

This private border wall was already at risk of falling down if not fixed. A hurricane made things worse. Engineering experts said photos of damage from last weekend’s storms reinforces the idea that building and maintaining a border fence so close to the river poses serious challenges. (James Hord/ProPublica-Texas Tribune)

Intense rain over the weekend from Hurricane Hanna left gaping holes and waist-deep cracks on the banks of the Rio Grande that threaten the long-term stability of a privately funded border fence that is already the focus of lawsuits over its proximity to the river in South Texas.

The damage comes at the start of what is projected to be an active hurricane season, which runs through Nov. 30.

Engineering experts who reviewed photos of the jagged cracks caused by the weekend’s storms said the damage reinforces what many have long said: Building and maintaining a border fence so close to the river poses serious challenges.

ProPublica and The Texas Tribune previously reported that just months after completion, the private fence built by Fisher Industries, a North Dakota-based company, was showing signs of erosion that threatened its stability and could cause it to topple into the river if not fixed.

“It’s going to be a never-ending battle. You are always going to be fighting erosion when you are that close to the river,” said Adriana E. Martinez, a professor and geomorphologist at Southern Illinois University Edwardsville who has studied the impact of the border barriers in South Texas.

The 3-mile stretch of bollards along the river south of Mission, Texas, was a showcase project by Fisher Industries’ CEO Tommy Fisher, who put up more than $40 million of his own money to prove to the Trump administration that the private industry could do what the government hadn’t been able to: build the border wall right along the river.

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Trump Says He “Disagreed” With Privately Funded Border Wall, So Why Did His Administration Award the Builder $1.7 Billion in Contracts to Erect More Walls?

President Donald Trump visiting the U.S.-Mexico border along the Rio Grande in January 2019, not far from where a builder backed by his supporters later erected a border wall. (Leah Millis/Reuters)

President Donald Trump complained via Twitter on Sunday that a privately constructed border wall in Texas was a bad idea and poorly done — not mentioning that his administration has awarded the builder a $1.7 billion contract to build more walls.

With the backing of Trump supporters, Tommy Fisher built a 3-mile border fence along the Rio Grande, calling it the “Lamborghini” of fences. But just months after completion of his showcase piece directly on the banks of the river, there are signs of erosion along and under the fence that threatens its stability and could cause it to topple into the river if not fixed, experts told ProPublica and The Texas Tribune.

“I disagreed with doing this very small (tiny) section of wall, in a tricky area, by a private group which raised money by ads. It was only done to make me look bad, and perhsps it now doesn’t even work. Should have been built like rest of Wall, 500 plus miles,” Trump tweeted with a typo in reaction to the news organizations’ report about the wall.

Trump’s tweet, however, is belied by actions his administration has taken to support the wall’s builder.

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He Built a Privately Funded Border Wall. It’s Already at Risk of Falling Down if Not Fixed.

Erosion has made gashes underneath the wall just months after being built. (Verónica G. Cárdenas for The Texas Tribune/ProPublica)

Tommy Fisher billed his new privately funded border wall as the future of deterrence, a quick-to-build steel fortress that spans 3 miles in one of the busiest Border Patrol sectors.

Unlike a generation of wall builders before him, he said he figured out how to build a structure directly on the banks of the Rio Grande, a risky but potentially game-changing step when it came to the nation’s border wall system.

Fisher has leveraged his self-described “Lamborghini” of walls to win more than $1.7 billion worth of federal contracts in Arizona.

But his showcase piece is showing signs of runoff erosion and, if it’s not fixed, could be in danger of falling into the Rio Grande, according to engineers and hydrologists who reviewed photos of the wall for ProPublica and The Texas Tribune. It never should have been built so close to the river, they say.

Just months after going up, they said, photos reveal a series of gashes and gullies at various points along the structure where rainwater runoff has scoured the sandy loam beneath the foundation.

Continue reading at ProPublica.