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The Honolulu Advertiser
Posted on: Monday, February 20, 2006

Hikers pay a fee, sign waiver — then trespass

By Caron Alarab
Special to The Advertiser

Donna Mann of Pukalani and Michael Pitts of California return from a hike on the Swinging Bridges trail. Most of the trail is on land owned by Wailuku Water Co., which has stopped issuing permits to access the area.

CARON ALARAB | Special to The Advertiser

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WAIHE'E, Maui — Wailuku Water Co. is no longer issuing hiking permits for access to the popular "Swinging Bridges" trail, but that hasn't stopped trespassers from entering the lush Waihe'e Valley property.

Even when the free permits were being issued, less than 1 percent of those who visited the site bothered to drop by the company's Waikapu office to get one, according to Wailuku Water Co. president Avery Chumbley.

It's a problem that has frustrated the Wailuku Water Co., the successor to Wailuku Agribusiness, for years, and it became a problem for farmer John Varel after he bought 1,000 acres from the company in 2001 to grow macadamia nuts, pineapple and other crops on his Waihe'e Valley Plantation.

Varel's land includes the entrance to the 2.5-mile trail, with most of the hike continuing on Wailuku Water Co. property. Hikers follow rutted dirt roads alongside irrigation ditches before passing through forest and thickets of bamboo and ginger to reach a fresh-water pool at the foot of a man-made dam. Plank-and-cable bridges that span Waihe'e Stream in two places give the trail its name.

"I had no idea how many people were going back there," Varel said.

Car break-ins, trespassing and other crimes were common, but after police came "flying across" his fields in pursuit of a car thief, and after discovering more than a dozen stripped vehicles, the 51-year-old farmer said he was faced with a decision: either close the property to the public or make improvements, charge admission and supervise access.

Varel chose the latter and said he spent more than $30,000 to pave a dirt entrance road that also serves his farm and home, build a country store and picnic area, hook up electricity and staff the new setup. He charges $6 for tourists and $3 for residents.

Chumbley said Varel's improvements have only made the trespassing problem worse, because hikers think that by paying the entry fee, they are cleared for the entire hike.

Visitor David Linch, 58, of Loveland, Colo., read about the required permit in a guidebook but didn't get one from Wailuku Water Co. "We assumed we could get the permit when we got to the hike," he said.

Linch said he thought the liability waiver he signed at Varel's stand was the permit, an assumption made by other hikers interviewed by The Advertiser.

Jamie and Dee Joswick of Seattle said they didn't realize they would be trespassing until they had started out on the trail and saw Wailuku Water Co. signs. Still, they didn't turn back. The Joswicks said the hike should remain open "to allow us to see this historic piece of Hawai'i."

The Swinging Bridges trail is on 13,166 acres of forested watershed land owned by Wailuku Water Co. that feeds into Maui's domestic water system. Chumbley said repeated vandalism of water equipment and the bridges was the primary reason behind a decision at the beginning of the year to stop issuing permits. Protecting and preserving the watershed was another concern, as was the potential for injury.

"The bottom line is that at some point, we had to figure out a way to deal with the problem. It's a huge exposure to us in terms of liability," he said.

Wailuku Water Co. has been hesitant to crack down on trespassing. No one patrols the area, except for a small crew that visits the valley a couple times a week to conduct maintenance. "There are so many people up there, sometimes more than 100 a day, that it would be hard to single anyone out," Chumbley said. " ... At some point, we're going to have to look at enforcement."

Issuing the permits also placed "a huge burden" on the water company's small staff. Chumbley said most of the calls coming into the office were inquiries about obtaining hike permits or directions to the office and the trail.

Wailuku Water Co. continues to allow Maui Eco-Adventures to take tour groups on the Swinging Bridges trail. The tour company pays Chumbley's company a token fee to conduct a daily hike for up to 12 people and provides its own liability coverage.

Chumbley said he doesn't like the idea of the hike being "commercially exploited" by Varel's operation.

Varel said he didn't do it for the money and, in fact, he has been losing money. He said he did it for the safety of the neighborhood and the security of having hikers sign liability waivers.

"I've gained nothing from this," he said.

His neighbors say they've gained some peace. Wizzie Kahalekai, who lives on Waihe'e Valley Road below Varel's property, said she and other community members are behind his efforts "100 percent."

"Now that he has that shack, nobody steals from anybody else," Kahalekai said. "It's better for the people."

Colorado visitor Linch, who made the hike with partner Joanna Rago, said he appreciated not having to worry about leaving his rental car behind. "It's worth the $12 to feel our stuff was safe," he said.

Pukalani resident Donna Mann, 54, who was hiking with a friend from California, said she planned to visit the trail again, despite the admission charge.

"I don't think it's a bad thing," she said.