The residents claim that state Attorney General Mark Bennett has a conflict of interest in investigating the actions of state agencies and because he once worked at the same law firm as the attorney for retired auto dealer Jimmy Pflueger, who owns property around the dam.

Bruce Fehring, a real estate broker who lost seven family members and friends in the flooding after the breach, called on Gov. Linda Lingle and state lawmakers to appoint an independent investigator. "It is imperative that an outside investigator, with no ties to the state or private parties, be retained, immediately, before critical evidence is lost," he said.

Fehring appeared at a news conference on his scarred land with U.S. Rep. Neil Abercrombie, D-Hawai'i, and state Sen. Gary Hooser, D-7th (Kaua'i, Ni'ihau), who have both urged an independent investigation.

At the state Capitol, state House lawmakers approved in committee a resolution recommending an independent investigator. Last week, the state Senate Ways and Means Committee added a provision to an emergency spending bill for storm damage that would allow, but not require, money to be spent on an independent probe into the dam failure.