Kaloko Dam Update - March 2009

March 17, 2009

In January 2009, the Honolulu Advertiser provided additional details about the events that led up to the fatal collapse of the Kaloko Dam.  Three months before the collapse, the Department of Land and Natural Resources (DLNR) announced that it would be suspending all dam safety inspections because of budget constraints and lack of personnel.  Then a month before the collapse, state dam inspectors made no response to reports from Kauai county officials of flooding near Kaloko Dam.  Even more disturbing was DLNR chairman Peter Young’s alleged attempt to cover up the suspension of dam inspections.  In an e-mail Young wrote: “We should not state we are doing nothing, but rather state we will respond to issues and questions related to these items.”  After reviewing the e-mails and memos, dam safety inspector and law professor, Dennis Binder concluded: “The state is basically saying it is abrogating all of its legal duties.” 

Positive steps have been taken to remedy the situation.  In 2007, the Hawaii legislature passed a bill that gives the DLNR expanded rights to enter property to examine dams and impose stronger penalties on dam owners and dam operators.  Recently ten million dollars in state funds have been released that will be used to improve dams managed by the State.  Construction on eight dam systems are due to be completed in November 2009.

March 14, 2009 marked the third anniversary of the tragic loss of the seven lives lost when the Kaloko dam broke.  As noted in our earlier policy brief, the fatal collapse of the Kaloko Dam was not an unexpected catastrophe, but probably an avoidable failure.  By law the State is required to inspect all dams every five years.  Lack of funds and personnel is not an acceptable excuse for what happened.  In these challenging economic times, the answer is not less government but prudent and innovative use of State resources to ensure the safety and wellbeing of the people of Hawaii.  As we just passed the third anniversary of the tragic collapse of the Kaloko dams let us remember the seven lives lost that day and remember the lessons learned from that avoidable failure. 

Honolulu Advertiser: “State ended safety inspections before Hawaii dam collapsed” (January 26, 2009)