Ka Loko Ditch to remain open

LIHUE — The battle between Kilauea landowner James Pflueger and neighboring farmers over water at Ka Loko won’t be settled by the state Department of Land and Natural Resources.

In January, several sources told The Garden Island that the DLNR was on the brink of shutting down the 3-mile-long Ka Loko Ditch. The ditch is the main source of water for Ka Loko Reservoir, the site of a dam breach in 2006 that killed seven people.

Recent letters exchanged between Kauai County Council Chair Jay Furfaro and DLNR Chairman William Aila, however, seem to confirm the state has no intention of getting involved.

“The Department of Land and Natural Resources has no current plans to decommission the Kaloko Ditch in Kilauea,” Aila wrote Feb. 20.

Aila said the department had been reviewing its options to open some of the gates along the ditch by the request of Pflueger, co-owner of Ka Loko Dam.

“However, based on subsequent correspondence with the Mary N. (Lucas) Trust, co-owner of Kaloko Dam, and with the Kilauea Irrigation Company, the Department has decided not to take any action at this time,” he wrote.

Furfaro responded with a letter of appreciation Feb. 28.

“Closure would greatly affect farmers and ranchers who depend on the mauka water — a public trust resource and not a privatized commodity — that reaches their properties by way of the Kaloko Ditch,” he wrote.

Furfaro added that he had been informed that as many as three reservoirs and approximately six streams could be rendered unusable if the ditch were decommissioned.

“Loss of the water would devastate the multiple cattle ranchers, organic and traditional farmers, and the land that is made available as an endangered species habitat,” he wrote. “Adding to the seriousness of the situation, I have made initial inquiries with the County of Kauai Department of Water, who has informed me that there is no readily available alternative for the provision of irrigation necessary to sustain the surrounding farm land should access to water from Kaloko Ditch become (unavailable).”

For several months, Pflueger had been urging the state to stop water from entering his property at the Ka Loko Reservoir, claiming that the ditch has not been properly maintained by KICO and continues to present a safety hazard.

“I have asked you repeatedly to remove your water because I do not want to be responsible for the condition of the system,” he wrote in a letter to Aila Nov. 19.

In a previous interview, Kilauea Irrigation Co. owner Tom Hitch said that if the ditch was turned off, the reservoir would dry up, leaving dozens of residents and farmers downhill without water. He also argued that the ditch and gates, although slightly overgrown, are not in disrepair.

KICO owns an 18-inch pipeline that takes water from the reservoir and delivers it to farmers in Kilauea Farms Agricultural Subdivision.

Should the state change its mind and shut off the ditch, Hitch said there are 19 families in Kilauea ready to file suit.

“We got no choice,” he said. “We have to because the damage will be tremendous.”

Attempts by The Garden Island to reach Pflueger’s attorney William McCorriston Friday were unsuccessful.

In January, DLNR Chief Engineer Carty Chang said the Lucas Estate requested the department delay any action in order to see if they could reach an agreement with Pflueger.

Ricky Cassidy, a trustee for the Lucas Estate, said Thursday that he is in the midst of ongoing discussions aimed at finding a solution.  

“I spoke to representatives of the (Pflueger) family and there have been constructive discussions that relate to the safety and the sustainability of the Ka Loko water system that have addressed DLNR’s valid concerns,” Cassidy said.

Pflueger is charged with tampering with a spillway around the Ka Loko Dam on his 33-acre property in Kilauea. The dam breached in March 2006, sending a wall of water downhill that killed seven people. He pleaded no contest in July to one court of felony reckless endangerment for the disaster.

He was scheduled to appear for sentencing in Kauai’s 5th Circuit Court Jan. 23, but a medical condition kept him from traveling. His sentencing has been rescheduled for April.

• Chris D’Angelo, environmental reporter, can be reached at 245-0441 or cdangelo@thegardenisland.com.