RESOLUTION

WHEREAS, the Kaloko reservoir dam breach on March 14, 2006, on the island of Kauai, resulted in the loss of seven lives, massive flooding, and extensive property damage; and

WHEREAS, the people of Hawaii and, more specifically, the residents of Kilauea, Kauai, deserve and expect a complete and thorough investigation into the facts and circumstances that led to the tragic circumstances of the Kaloko dam breach; and

WHEREAS, the Department of the Attorney General, immediately after the incident, launched an investigation related to the Kaloko dam failure and hired consultants and experts to collect information and evidence and to review the engineering and legal issues related to the incident; and

WHEREAS, in the aftermath of this tragic event, there have been numerous media and citizen reports making claims and accusations about both the actions and inactions by the State, the county of Kauai, and the private landowners that may have caused, contributed to, or exacerbated the conditions leading to the Kaloko dam failure; and

WHEREAS, whether real or perceived, the State's ability to investigate the incident may appear to be compromised by these claims and accusations which jeopardize the credibility of such a thorough investigation; and

WHEREAS, in view of the fact that the Kaloko reservoir was privately owned and the State of Hawaii was responsible for regulating the dam, there is a question as to who may be held liable for the breach; and

WHEREAS, the State is preparing for possible litigation, as evidenced by the emergency appropriations submitted by the Governor in House Bill No. 970, House Draft 1, Senate Draft 1; and

WHEREAS, House Bill No. 970, House Draft 1, Senate Draft 1, currently provides an appropriation to the Attorney General to, among other things, "conduct an independent investigation regarding reservoir failures"; and

WHEREAS, the investigation of the Kaloko dam breach, conclusions about its cause, and possible subsequent legal actions to place responsibility for it should not be jeopardized or mired in conflict of interest charges; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2006, the Senate concurring, that the Attorney General is requested to appoint a special deputy attorney general, in regard to the Kaloko reservoir dam breach, to independently and with impartiality:

BE IT FURTHER RESOLVED that the Attorney General is requested to report the findings of the special deputy attorney general to the Legislature not later than twenty days prior to the convening of the Regular Session of 2007; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, the Attorney General, the Mayor of the County of Kauai, James Pflueger, and the Mary N. Lucas Trust.

Report Title:

Kaloko Reservoir Dam Collapse