The state is responsible for safety inspections of Hawaii dams.

“I have the greatest respect for Mr. Bennett’s legal abilities and personal integrity,” said Abercrombie.  “However, it would put him and his staff in an impossible position to investigate the state’s regulatory actions in a situation that might well lead to lawsuits against the state.  Because the dam failure involved massive loss of life and the critical importance of this issue to public safety, the investigation should be conducted by a party that does not have a vested interest, perceived or real, in its findings.”

The letter, dated March 31 with a copy to U.S. Attorney Ed Kubo, reads:

Dear Attorney General Bennett:

I am writing to request your consideration of an independent investigation to look into the circumstances that led to the breach of the Ka Loko Dam.  This investigation will have grave implications for restoring and rebuilding the island of Kauai and is of great concern to the entire State of Hawaii. 

As a result of the breach of the Ka Loko Dam, property was damaged or destroyed and lives were lost.  Although the dam was privately owned, the State of Hawaii was responsible for regulating the dam.  These circumstances generate confusion over what entity may be held liable for the breach.  A thorough and independent investigation needs to take place in order to bring this disaster to a close.  Because the State of Hawaii may be held responsible for the breach, in part or in whole, this presents a conflict of interest.  The state is already preparing for possible litigation as evidenced by the emergency appropriations request proceeding through the Hawaii State Legislature.

I strongly believe a federal or independent attorney should investigate the cause of the Ka Loko Dam failure.  Civil and possibly criminal liability needs to be determined. With deaths, severe damage, and overlapping jurisdictions, an investigation into the cause of the breach will be a very complicated and detailed challenge that should not be further mired in conflict of interest charges.

I sincerely admire the work that has been conducted to date by both you and your department.  This request is not an accusation of any possible wrongdoing.  Rather, it is an effort to minimize the likelihood of any such questions arising.  I hope you will consider having an independent third party conduct the investigation and appreciate your attention to this matter.

   Sincerely,