The horrific result of shoddy maintenance witnessed more than eight years ago in the collapse of Kauai’s Ka Loko Dam can never be forgotten. That’s the case, regardless of the final disposition of the criminal prosecution, with the sentencing of the dam’s owner for his part in the disaster.
But an appropriate civic action that could help prevent a recurrence is still possible: the passage of a constitutional amendment that makes upkeep and the safe operation of the state’s dams far more likely in the future.
Seven people died when a breach in an earthen dam caused flooding from Ka Loko Reservoir on Kauai’s north side.
On March 14, 2006, almost 400 million gallons of water created a torrent that crashed into Kilauea Bay, "taking trees, cars, buildings and human lives with it," wrote Robert Carson Godbey, special deputy attorney general, in the 2007 report from the independent civil investigation into the incident.
Retired car dealer James Pflueger was originally charged with seven counts of manslaughter in the case; the state alleged that landowner Pflueger caused the breach by filling in the dam’s spillway.
But in a deal with the state, his company, Pacific 808 Properties, pleaded no contest to the manslaughter charges, and Pflueger faced sentencing Wednesday after pleading no contest to felony reckless endangering.
There was plenty of blame to go around, however.
According to the report, the state did a poor job of inspecting the dam, the county failed to enforce a stop-work order on the unpermitted grading work, and none among the series of dam owners maintained it properly.
In a prudent move, legislators this past session acted toward improving conditions for maintenance by submitting a proposed amendment to the state Constitution to the voters.
The wording: "Shall the state be authorized to issue special purpose revenue bonds and use the proceeds from the bonds to offer loans to qualifying dam and reservoir owners to improve their facilities to protect public safety and provide significant benefits to the general public as important water sources?"
The proposal, discussed last session as Senate Bill 2876, drew praise from all quarters and deserves a "yes" vote at the ballot box Nov. 4.
The Legislature’s first impulse in the session immediately following the tragedy was a good one: passing the Dam and Reservoir Safety Act of 2007, which compels owners to comply with safety requirements for their dams and reservoirs.
However, compliance is not easy, said William Aila, Department of Land and Natural Resources chief.
"Due to the age of these facilities and deferred maintenance due to demise of the sugar industry, without needed safety improvements, many dams could pose risks to life and property due to dam failures," he said in testimony to lawmakers. "Depending on the extent of the required improvements, some dam and reservoirs owners may not have the resources to fund them."
The Hawaii Farm Bureau also submitted comments, rightly underscoring that more robust reservoirs are needed not only for public safety reasons but also as the underpinnings of more sustainable agriculture, as well as helping to recharge the islands’ aquifers.
These bonds provide more flexible financing options for the owners but include protections for the public as well, not being secured with taxpayer funds and not leaving the state’s credit rating exposed in case of a default.
The bar is set high for prospective borrowers who must show they generate the revenue to support repayment, said Kalbert Young, director of the state Department of Budget and Finance in his testimony.
So the votes from the state’s leadership are in, nearly unanimous in favor of the amendment.
It’s time for the public to add its voice to the chorus endorsing this approach to rebuilding an important element in the state’s infrastructure.
