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The Honolulu Advertiser
Posted on: Friday, January 5, 2007

Kaloko dam report done

By Jan TenBruggencate
Advertiser Kaua'i Bureau

LIHU'E, Kaua'i — An independent investigation of the Kaloko Reservoir dam breach that left seven dead last year is complete, and could be released to the public as early as next week, said state Attorney General Mark Bennett.

Bennett yesterday said he was reviewing a final draft report by special deputy Attorney General Robert Godbey, but would have no comment until after it has been delivered to the Legislature and released to the public. He said it was possible that could occur as early as today, but most likely would not be until next week.

The report is dense with material and will include a CD containing investigative photos and documents, he said.

The state's concurrent criminal investigation of the dam breach and flood of March 14, 2006, is continuing. Bennett had no comment on the progress in that probe, which is being conducted by investigators in his office.

Kaloko Reservoir, a century-old sugar reservoir in the hills above Kilauea, failed before dawn, collapsing its dam and flooding the Wailapa Stream valley. The flood swept away trees and buildings, including homes where seven people were living. All were believed killed in the flood. The water also severely damaged the Morita Reservoir dam downstream and undermined Kuhio Highway, requiring months of emergency repair.

A series of civil legal actions has been filed on behalf of the victims of the flood, naming landowner Jimmy Pflueger, who owns most of the land under the dam and reservoir, as well as other parties.

The Hawai'i Legislature, responding to suggestions that the state might have a conflict in studying the cause of the dam failure, passed House Concurrent Resolution 192, which called for the appointment of an independent investigator who would act as a special deputy attorney general and conduct an inquiry into the Kaloko disaster.

The Legislature opted to leave the criminal investigation in the case in the hands of the attorney general's office.

A legislative committee developed a list of five finalists to conduct the noncriminal probe, from which Bennett selected Godbey. Godbey, a partner with the law firm of Godbey Griffiths Reiss Chong, is a former assistant U.S. attorney, and has previously served as an investigator for the state.

His task was to look into the role of the state, Kaua'i County, private landowners and others in the dam collapse, and to recommend ways to prevent similar events in the future. Those means could include legislation or other government actions.

As a part of his investigation, Godbey established a Web site entitled "Kaloko Dam Breach — Public Investigation" and invited public comments.

Reach Jan TenBruggencate at jant@honoluluadvertiser.com.