The people of Hawaii breathed a sigh of relief three years ago when Hawaii’s Board of Land and Natural Resources (BLNR) voted twice to deny the Doris Duke Foundation’s petition to dismantle the breakwater at the popular swimming hole fronting the Doris Duke estate at Diamond Head (Shangri La). This courageous and sensible action saved the beloved Doris Duke pool and the adjoining Cromwell’s surf site from destruction.
But now, sadly and surprisingly, we once again face the desecration of this extremely important recreational swimming asset because the state, through its Department of Land and Natural Resources (DLNR), has adopted the position of the Doris Duke Foundation that the pool and Cromwell’s site must be destroyed.
How did this bizarre and absurd turn of events come about? It’s a plot line worthy of a “Magnum, P.I.” episode. Shortly after its failure to win the BLNR vote in 2018, the foundation asked the state to take over ownership of the Doris Duke pool, the breakwater and the underwater sea basin fronting Shangri La.
DLNR accepted, and the property was “quitclaimed” to the state. Shortly afterward, the Doris Duke Foundation promised to pay the state $1 million of the cost of dismantling the breakwater.
The DLNR has apparently decided to go ahead with the plan and is preparing to petition the BLNR for the go-ahead to dismantle the breakwater.
What are the reasons for this turnabout, where the state is ignoring the two prior votes of its own BLNR to reject the project? The primary reason offered is the fear of liability lawsuits because of injuries from swimmers diving off the 7-foot-high breakwater or the seawall that borders the other side of the pool.
However, that concern is misplaced. First, under Hawaii law there is little likelihood that an injured swimmer or diver would win such a lawsuit, provided that proper signage was put by the state warning of the dangers of diving into the pool. Second, a large fence was already erected by the Doris Duke Foundation on top of the seawall, which has largely eliminated the diving.
Although it has been observed that some risk-takers climb on top of the fence to jump, for little expense that fence could be modified to make it virtually impossible to jump. In fact, experts believe that dismantling the breakwater would make swimming in the area more dangerous. Without the breakwater, dangerous currents, high tides and storm surf would make swimming extremely risky and cause potential drownings and far more injuries.
Then there are money concerns. In 2018, the estimated cost for the dismantling was $2.6 million, which was regarded as unrealistically low. Now it is more likely to cost $5-7 million, so the $1 million contributed by the Doris Duke Foundation would barely make a dent in solving the fiscal burden to the state taking on the project. At a time when Hawaii is suffering from a fiscal crisis, it would make much more sense to use the money for our present challenges of solving homelessness, climate change and educating young citizens.
Lastly there are serious environmental concerns. Having huge aquatic bulldozers, cranes and other construction equipment in the Diamond Head waters will be unsightly and stir up and transfer underwater debris down the Diamond Head and Waikiki coastline and beaches, negatively impacting recreational swimming and surfing in Diamond Head, Waikiki and Kahala.
Now is the time for the people of Hawaii to raise the “hue and cry” to Hawaii’s political leaders, opinion makers and environmental groups to stop this misguided, costly and destructive project from ever occurring. We must save our beloved Doris Duke pool and Cromwell’s surf site from being destroyed so future generations can enjoy what we have enjoyed.
Richard Turbin is a Hawaii lawyer and chairs the Waialae-Kahala Neighborhood Board; the views expressed here are his own.
