GET BACK JACK: More than two years ago in May and June of 2009 PNN posted a series of six articles detailing the alleged illegal diversion of Moloa`a stream which, it appears, at least contributed to the Ka Loko Dam break if not actually being the proximate causal event.
The diversion- allegedly done by landowner Jimmy Pflueger- caused Moloa`a stream to be diverted into the reservoir according to documents provided by Hope Kallai, a Moloa`a farmer who says she has been denied water to her property.
As we wrote in compiling the articles on our left rail:
It’s not Chinatown Jake, but it’s close.
About 10 years ago “someone” dammed up Moloa`a stream and re-built the long-defunct and dilapidated Moloa`a Ditch, diverting almost all the water that serves Moloa`a Valley through three tunnels that lead to Ka Loko Ditch.
From there the water flows into a system of underground pipes that serves Jimmy Pflueger’s properties in the Pila`a/Waiakalua/Wailapa area and with the excess dumped into the Ka Loko Reservoir which gave way killing seven people in 2006.
And despite two years of begging the Department of Land and Natural Resources (DLNR) to at least inspect the apparently still active diversion, no action has been taken.
But Kallai hasn't given up and today we present her latest appeal to new DLNR chief William Aila- which she plans to present at the DLNR "listening sessions" scheduled for later this month- detailing her thus far futile efforts to regain what she calls her "stolen" water.
----
17 Aug 2011
Hope Kallai
Malama Moloa`a
POB 655
Kilauea, HI 97654
Lokahipath2(at)live.com
Chairperson William J. Aila, Jr.
Department of Land and Natural Resources
Kalanimoku Building
1151 Punchbowl Street
Honolulu, HI 96813
William.J.Aila@hawaii.gov
DLNR@hawaii.gov
DLNR2011ListeningSessions@hawaii.gov
Re: Topic For Listening Session 2011 Kauai
Remove the Moloa`a/Kalua`a Stream Diversion
Moloa`a Forest Reserve, Kauai
Aloha e Chairperson Aila:
Mahalo for taking the time to come to Kauai again and especially taking the time to listen to us. I have written ridiculous amount of correspondence to DLNR without response. Mahalo for changing this pattern.
Moloa`a Stream was a perennial stream; it always had flowing water - enough to support several hundred people. About a decade ago, the flow in Moloa`a Stream changed. The stream would not rise during heavy precipitation events; sometimes it rose when it was not raining mauka. There were unexplained dirty water events both brown water and grey water. There were no flushing flows to clear out the sand berm at Moloa`a Stream mouth. Moloa`a Stream began being seriously diverted about 2001, continuing today.
The kumuwai of Moloa`a is in the Moloa`a State Forest Reserve, mauka of Ka Loko Reservoir. The Moloa`a system is fed by perennial tributaries of Kalua`a Stream, including Kanalohewahewa, stemming from a perennial bog. The ahupua`a of Moloa`a has no community water system, either potable or irrigation. Recently, our family’s water well went dry. After 10 years of an un-permitted stream diversion removing our groundwater aquifer, we had to dig 150’ deeper (at $55/ft) to find water to be able to live and farm on our 5 acres..
Two different individuals complained to CWRM before our ahupua`a-based community group did in 2001(Godbey Exhibits: DLNR 1285 to DLNR 1296, EPA 001-033), about the diversion of upper Moloa`a Stream. A formal Stream Resolution Complaint No. 01-12 was filed Oct 3, 2001 by Daniel Garner, complete with maps and photos but Mr. Pflueger’s attorney responded that water does not run upgrade and that the diversion would originate mauka in the State Forest Reserve (DLNR 1297-1303). An offer was made to escort state representatives to the alleged “landlocked” State Forest Reserve. As Mr. Garner told CWRM in 2001, “growing taro with no water is difficult, if not impossible” and he abandoned his lo`i kalo on Moloa`a. When is CWRM going to act on the 3 Moloa`a Stream diversion complaints?
The newly released KalokoPhase II Dam Report documents exactly where in the forest the ditch originates, by GPS measurement. The 2009 Kilauea Irrigation Company Report (Draft April 2009, Final October 2009) maps and documents when the diversion was constructed (about 2001). It further documents how this un-permitted, un-engineered, illegal 7’ ditch terminates into an 8” underground irrigation system on Mary Lucas Trust lands, goes through a 90 degree angle, then is reduced from 8” to 6”. The KICO report maps how the ditch has overflown into Kaloko Reservoir, causing “Overflow Erosion Channels”. The construction of a new, additional inflow into Kaloko is an alteration of appurtenant dam works. This is illegal and needs to be removed immediately. Moloa`a needs it’s water. KICO has been dumping excess diverted (stolen) water into the ocean in the area of 4170 North Waiakalua for years, all to the detriment of the Moloa`a ahupua`a. When are the alterations to the Kaloko system going to be removed?
We have filed a Stream Resolution Complaint - the 3rd on Moloa`a . We have asked for Flow Standards to be established for Kalua`a and Moloa`a Streams. We filed a Complaint Dispute Resolution Response request on 14 March 2011. We have gotten no resolution yet to our steam diversion complaints. We have gotten no responses. What are we doing wrong? How can CWRM keep permitting groundwater well withdrawals without understanding the water budget of Moloa`a?
We cannot wait another decade for our stream flow to be restored. What can we do to remove this illegal diversion from taking and selling stolen Public Trust water from the State Forest Reserve (designated for watershed protection)? The KICO inflow/infiltration study documents how the turn of one valve returns the stolen water into the Moloa`a ahupua`a, but the entire ½ mile ditch and new headwaters impoundment, in trespass in the forest, must be removed. Moloa`a Stream and Kalua`a bog, (one of the last low elevation bogs in Hawaii) need to be restored.
The BLNR voted to revoke Revocable Water Use Permit S-6240 to Kilauea Irrigation System in September, 2007 but left the termination date to be decided by DLNR staff (. I previously requested the termination of Revocable Permit S-6240 (2009 June 3 Termination of Revocable Permit S 6240), but have not received an answer yet. Can you please tell me the status of this permit? Does KICO have insurance? According to the Phase II report, KICO is failing to maintain the Kaloko Ditch from Pu`ukaele Stream. Are they relieved of this maintenance kuleana? Has the hazard rating of Kaloko been determined? Is there an Emergency Action Plan yet?
We have written many letters about the diversion of the upper Moloa`a Stream system, but have gotten no responses. We warned people about these un-permitted diversions mauka of Kaloko before the Kaloko dam breach (EPA 000034- . Dam Safety inspectors were not sent out in response to a flood that destroyed a bridge (2009 Jan 26 State Ended Safety Inspections Before Hawaii Dam Collapsed). 1 week before 8 people died, the EPA and DOH were sent to Kaloko (EPA 000064-000105). DOH Environmental Health Specialists and the Enforcement Section Supervisor didn’t notice the lack of a spillway -they checked silt fences. Nobody checked the stream diversions mauka of Kaloko (-the ditch goes underground on Mary Lucas Trust land) which had been reported to the state for 5 years by then. They were more interested in “closing the loop” (EPA 000045, EPA 000050) and checking Pila`a Consent Decree mitigation remediation actions.
We’ve been told:
“You cannot go up there - it’s private land.”
“You’re crazy - Moloa`a and Kaloko are not connected,”
“Don’t worry, If Kaloko blows, it’ll take out Kilauea side, not Moloa`a.:
“It’s Pflueger’s land, he won’t let the state go there.”
‘Moloa`a Ditch never went into Kaloko - only into Kaloko ditch above the flume.”
“Moloa`a Ditch went pau in the 1960’s. Only carried water during high rain storms. Kilauea Sugar quit maintaining it before plantation went pau.”
“Moloa`a ditch doesn‘t exist anymore. It is functionally obsolete.”
“We have no record of this ditch. We cannot talk about it.}
“We are not interested in pursuing another Clean Water Act violation against Jimmy Pflueger.”
“We have to get Jimmy Pflueger’s permission to inspect the breached dam..”
“Kaloko never had a spillway.”
“The dam is not a dam anymore. Too small. No more state jurisdiction.””
“Water does not flow upstream.”
“I’ll perform my own Phase II investigation, but the it will be private.”
“We’re looking into it.”
“We cannot discuss this - it’s under litigation.”
On December 22, 2006, Attorney General Wynoff wrote Jimmy Pflueger about Kaloko:
Third, we are informed of a second source of water to the reservoir, of unknown origin. Please provide all available information as to this source, including date of installation, plans and specifications for its construction, origin of the water, any documentation as to authorization for use or diversion of the water, and your plans (if any) to cease and desist receiving water from this second source.
There’s plenty information about this un-permitted ditch now. There is no authorization for the use of this water. Why does Jimmy Pflueger get to decide when (if ever) he plans to cease and desist receiving and selling stolen water? When is the State going to remove this illegal, un-permitted, un-engineered ditch system and restore the flow of Moloa`a/Kalua`a Streams back into the Moloa`a ahupua`a? Our downstream neighbor had to water the o`opu in what used to be Moloa`a Stream with a garden hose from his well to keep them alive. The o`opu need their water. We need our water back now. We cannot wait for water pending litigation against Jimmy Pflueger. Nobody downstream is safe until these un-engineered ditches are removed. Ua hewa i ka wai. Nobody has been listening.
I realize this has gone on for a decade under the previous administrations, before being presented to you, but I hope you can realize how the piracy of public trust resources cannot be allowed to continue. Mahalo for taking quick action and putting an end to this decade of deception and denial. We all live downstream.
Hope Kallai
Showing posts with label Hope Kallai. Show all posts
Showing posts with label Hope Kallai. Show all posts
Wednesday, August 17, 2011
Monday, June 13, 2011
ACCESS SCHMACCESS
ACCESS SCHMACCESS: For a moment it looked like the story of the new apparently illegal fence at Lepeuli (Larsen’s) Beach had hit the big time.
After seeing the headline and subhead in this morning's Honolulu paper stating that "Development blocks traditional access; Landowners on three isles prevent people from using trails crossing their land" and seeing the story began with the name of Linda Sproat- one of those who has been most aggrieved and active in preserving the Alaloa that is now blocked by the fence- what else could it be?
But although the article is an all too familiar story of Kaua`i Planning Department bungling in preserving an access to Kauapea (Secret) Beach, nothing on the blocking of the ancient traditional access by Paradise Ranch's Bruce Laymon.
And there's nothing new on our story of Jesse Reynolds' allegation that Laymon tried to kill him last month although County Public Information Officer Mary Daubert says that "(a)ccording to KPD, the case is under investigation pending further developments, therefore, we cannot comment."
But there is news from Hope Kallai of Malama Moloa`a who has filed a complaint with the Land Use Commission asking how the heck they can ignore the fence which was apparently constructed in a conservation district (CD) without a conservation district use permit (CDUP) after Laymon withdrew his permit when the Department of Land and Natural Resources (DLNR) decided to take a second look at it.
Kallai presents documentation noting that in 2009 the DLNR had already determined the fenced in area to be in the CD when they cited Laymon for unpermitted work and essentially asks for action.
She then presents the whole sordid history of Laymon's action in the area- a story which deserves a concise presentation.
Which is why today we present her letter in full.
-----
1 June 2011
Hope Kallai
Malama Moloa`a
Fred Talon
Land Use Commission
Department of Business, Economic Development & Tourism
State of Hawaii
P.O. Box 2359
Honolulu, Hawaii 96804-2359
(808) 587-3822 Fax: (808) 587-3827
Re: Prioritization of Conservation District Boundary Interpretation Request TMK (4) 5-1-3:003
Waioli Corporation (owner), Paradise Ranch (lessee)
Lepeuli, Kauai,
Aloha e Mr. Talon:
I would like to request prioritization of the Conservation District Boundary Interpretation on Waioli Corporation lands in Lepeuli, Kauai, that we previously spoke about on the phone (Feb., 2011 and April 2011). This request was also made by the Kauai Chapter of the Sierra Club (attached Feb. 10, 2011 letter). I understand that your office is understaffed and that your work load is heavy, but there is a need for this boundary determination interpretation to be expedited. Fencing has been recently constructed by lessee, Paradise Ranch LLC, in what appears to be this Conservation District.
May 2011 Fencing in Lepeuli
In 2009, Paradise Ranch was cited for performing work in the Conservation District. Paradise Ranch applied for a SMA Minor permit from the county of Kauai for fencing and this fencing map were submitted then.
2009 Lepeuli Map with County Engineer’s notes
An After-The-Fact CDUP was applied for work in this Lepeuli Conservation District, CDUP KA-3525, (attached), with fencing proposed at 110‘ from the shoreline. This permit was awarded, appealed by community groups, then later surrendered by the applicant, stating they had decided to move operations out of the Conservation District. After community members requested that stamped surveyors maps be presented as per the County Engineer’s original 2009 request (attached), Paradise Ranch LLC recently presented a stamped map (below) with a proposed fenceline in very close proximity to applicant’s interpretation of the CD location. This map states “minimum distance to be 110’ from shoreline” for the proposed fenceline.
2011 map with fenceline next to CD Boundary (as interpreted by Paradise Ranch)
Attached Conservation District maps and articles show the Conservation District to be 300’ from a certified shoreline in this area.
A entirely new fence was recently constructed by Paradise Ranch LLC in Lepeuli. We believe this fence is in the Conservation District and blocks the lateral coastal Alaloa. This project is federally funded through NRCS EQIP program. The pasture created by this new makai fence configuration will enable cattle to graze on a site where Hawaii State Department of Historic Preservation relocated human skeletal remains from 3 individuals. This is illegal as well as socially unconscionable.
Paradise Ranch has continued to manage the coastal vegetation in the Conservation with heavy equipment, brushhogs and chainsaws. The fenceline has been constructed in the apparent Conservation District, blocking an ancient lateral trail.
Steps need to be taken to determine the location of the boundary between the Conservation District and the Agricultural District in Lepeuli, as soon as possible. The Conservation District boundary presented on the maps by Paradise Ranch LLC is erroneous and and the fencing negatively impacts public access, human remains and archaeological sites.
This makai Conservation District is a primary monk seal pupping and rearing area. Two pups are being reared at Ka`aka`aniu reef right now. Impacts must be considered to endangered species by the restriction of public access on the ancient Alaloa trail. This forces all lateral transit on to the beach.
There are significant impacts to this fencing project. The Conservation District Boundary needs to be interpreted and determined by the state as soon as possible. What can we do to expedite this? Mahalo for your help.
Hope Kallai
Attachments:
Sierra Club Land Use Request
SMA-Minor
CDUA 3525
2011 map
CD maps
CD Boundary article
Engineers notes
After seeing the headline and subhead in this morning's Honolulu paper stating that "Development blocks traditional access; Landowners on three isles prevent people from using trails crossing their land" and seeing the story began with the name of Linda Sproat- one of those who has been most aggrieved and active in preserving the Alaloa that is now blocked by the fence- what else could it be?
But although the article is an all too familiar story of Kaua`i Planning Department bungling in preserving an access to Kauapea (Secret) Beach, nothing on the blocking of the ancient traditional access by Paradise Ranch's Bruce Laymon.
And there's nothing new on our story of Jesse Reynolds' allegation that Laymon tried to kill him last month although County Public Information Officer Mary Daubert says that "(a)ccording to KPD, the case is under investigation pending further developments, therefore, we cannot comment."
But there is news from Hope Kallai of Malama Moloa`a who has filed a complaint with the Land Use Commission asking how the heck they can ignore the fence which was apparently constructed in a conservation district (CD) without a conservation district use permit (CDUP) after Laymon withdrew his permit when the Department of Land and Natural Resources (DLNR) decided to take a second look at it.
Kallai presents documentation noting that in 2009 the DLNR had already determined the fenced in area to be in the CD when they cited Laymon for unpermitted work and essentially asks for action.
She then presents the whole sordid history of Laymon's action in the area- a story which deserves a concise presentation.
Which is why today we present her letter in full.
-----
1 June 2011
Hope Kallai
Malama Moloa`a
Fred Talon
Land Use Commission
Department of Business, Economic Development & Tourism
State of Hawaii
P.O. Box 2359
Honolulu, Hawaii 96804-2359
(808) 587-3822 Fax: (808) 587-3827
Re: Prioritization of Conservation District Boundary Interpretation Request TMK (4) 5-1-3:003
Waioli Corporation (owner), Paradise Ranch (lessee)
Lepeuli, Kauai,
Aloha e Mr. Talon:
I would like to request prioritization of the Conservation District Boundary Interpretation on Waioli Corporation lands in Lepeuli, Kauai, that we previously spoke about on the phone (Feb., 2011 and April 2011). This request was also made by the Kauai Chapter of the Sierra Club (attached Feb. 10, 2011 letter). I understand that your office is understaffed and that your work load is heavy, but there is a need for this boundary determination interpretation to be expedited. Fencing has been recently constructed by lessee, Paradise Ranch LLC, in what appears to be this Conservation District.
May 2011 Fencing in Lepeuli
In 2009, Paradise Ranch was cited for performing work in the Conservation District. Paradise Ranch applied for a SMA Minor permit from the county of Kauai for fencing and this fencing map were submitted then.
2009 Lepeuli Map with County Engineer’s notes
An After-The-Fact CDUP was applied for work in this Lepeuli Conservation District, CDUP KA-3525, (attached), with fencing proposed at 110‘ from the shoreline. This permit was awarded, appealed by community groups, then later surrendered by the applicant, stating they had decided to move operations out of the Conservation District. After community members requested that stamped surveyors maps be presented as per the County Engineer’s original 2009 request (attached), Paradise Ranch LLC recently presented a stamped map (below) with a proposed fenceline in very close proximity to applicant’s interpretation of the CD location. This map states “minimum distance to be 110’ from shoreline” for the proposed fenceline.
2011 map with fenceline next to CD Boundary (as interpreted by Paradise Ranch)
Attached Conservation District maps and articles show the Conservation District to be 300’ from a certified shoreline in this area.
A entirely new fence was recently constructed by Paradise Ranch LLC in Lepeuli. We believe this fence is in the Conservation District and blocks the lateral coastal Alaloa. This project is federally funded through NRCS EQIP program. The pasture created by this new makai fence configuration will enable cattle to graze on a site where Hawaii State Department of Historic Preservation relocated human skeletal remains from 3 individuals. This is illegal as well as socially unconscionable.
Paradise Ranch has continued to manage the coastal vegetation in the Conservation with heavy equipment, brushhogs and chainsaws. The fenceline has been constructed in the apparent Conservation District, blocking an ancient lateral trail.
Steps need to be taken to determine the location of the boundary between the Conservation District and the Agricultural District in Lepeuli, as soon as possible. The Conservation District boundary presented on the maps by Paradise Ranch LLC is erroneous and and the fencing negatively impacts public access, human remains and archaeological sites.
This makai Conservation District is a primary monk seal pupping and rearing area. Two pups are being reared at Ka`aka`aniu reef right now. Impacts must be considered to endangered species by the restriction of public access on the ancient Alaloa trail. This forces all lateral transit on to the beach.
There are significant impacts to this fencing project. The Conservation District Boundary needs to be interpreted and determined by the state as soon as possible. What can we do to expedite this? Mahalo for your help.
Hope Kallai
Attachments:
Sierra Club Land Use Request
SMA-Minor
CDUA 3525
2011 map
CD maps
CD Boundary article
Engineers notes
Thursday, May 5, 2011
POISON `IWI
POISON `IWI: We're still cussin' like a sailor every time we try to use the county's newfangled webcast site but since Ho`ike is, as usual, woefully inept at getting the meetings on the "air"- much less the schedule of council meetings posted on-line- we tuned to the MP3 audio today to get an aural gander at the section on Nancy McMahon's application to serve on the county's Kauai Historic Preservation Review Commission.
And never- we repeat never- in over 35 years, have we seen a steadier stream of people come to the hot seat to talk stink about a nominee.
McMahon, as Joan Conrow wrote last month,
was the former Kauai district archaeologist and SHPD deputy director who approved the burial treatment plan that allowed Joe Brescia to build on top of iwi kupuna. Pua Aiu signed off on the plan after it was rejected by the Kauai Niihau Island Burial Council, thus setting the precedent that capping iwi in concrete and building over them is compatible with a determination to “preserve in place.”
As a matter of fact it was McMahon's actions that were singled out for the wrath of Judge Kathleen Watenabe in the matter as Conrow reported earlier saying
But that irritation was tempered by the good news that Nancy McMahon, the state archaeologist whose misdeeds created the Bresica boondoggle – to quote Judge Watanabe: “The heart of this case is the failure of the state to follow procedures put in place to protect cultural practitioners, the general public and the rights of landowners.” — has been placed on indefinite administrative leave without pay. Her suspension followed a National Park Services inquiry into and state legislative hearings on the screwed up mess that is the State Historic Preservation Division.
It seems like every time there was some kind of pilikila regarding burials McMahon was in the forefront.
Our headline and lede last May said it all:
THREE BURIALS UNEARTHED BY COWS AT LEPEULI UNCEREMONIOUSLY REBURIED BY SHPD’S MCMAHON WITHOUT BURIAL COUNCIL NOTIFICATION.
PNN) -- Three burials that were disinterred by Bruce Laymon's cattle operation on Waioli Corporation property at Lepeuli (Larsen’s Beach) and were unceremoniously moved and reinterred by State Historical Preservation Division (SHPD) Archeologist Nancy McMahon, according to a letter from McMahon to Hope Kallai of Malama Moloa`a.
McMahon's nomination despite the outrageous conflict of interest in serving on a commission that essentially would review her work, was one of those "council only" appointments where the mayor picks three, the council picks three and the body picks the last one. But the problem has been getting people to serve so the commission hasn't met in ages because they don't have a quorum.
So when McMahon put her name forward she was somewhat of an automatic nominee, according to councilmembers.
The only question really for council members was whether to reject McMahon outright yesterday as the oodles of outraged onlookers had demanded or take 60 days, as Chair Jay Furfaro requested, to "investigate" some of the charges.
After much wrangling, somewhat surprisingly since it had appeared there were only going to be three votes to kill the resolution during discussion, the council voted to kill it right then and there.
As a side note, the main thing the council apparently wanted to look into was one charges that many made, as we heard in an email earlier this week.
Apparently McMahon's educational background had been thrown into question because when her opponents checked with University of Hawai`i-Manoa they discovered her degree was "in anthropology, not archeology."
Seemingly they weren't the only ones who didn't know that archeology is more properly called "physical anthropology," as opposed to cultural anthropology. No one gets an undergraduate degree in "archeology" but rather studies both branches of anthropology and is awarded the appropriate degree.
We don't know what's wrong with this woman- she's apparently a glutton for rejection. First she ran and finished last in the 2008 election for council. Then a steady stream of charges- including one by a Kaua`i massage therapist that she was "filthy dirty" (ouch) - were telecast with such vile tossed in her direction that would bring a normal person to tears.
It's hard to say anyone deserves that but in McMahon’s case she's practically begged for it.
And, with twisted aloha, the community has once again granted her request.
And never- we repeat never- in over 35 years, have we seen a steadier stream of people come to the hot seat to talk stink about a nominee.
McMahon, as Joan Conrow wrote last month,
was the former Kauai district archaeologist and SHPD deputy director who approved the burial treatment plan that allowed Joe Brescia to build on top of iwi kupuna. Pua Aiu signed off on the plan after it was rejected by the Kauai Niihau Island Burial Council, thus setting the precedent that capping iwi in concrete and building over them is compatible with a determination to “preserve in place.”
As a matter of fact it was McMahon's actions that were singled out for the wrath of Judge Kathleen Watenabe in the matter as Conrow reported earlier saying
But that irritation was tempered by the good news that Nancy McMahon, the state archaeologist whose misdeeds created the Bresica boondoggle – to quote Judge Watanabe: “The heart of this case is the failure of the state to follow procedures put in place to protect cultural practitioners, the general public and the rights of landowners.” — has been placed on indefinite administrative leave without pay. Her suspension followed a National Park Services inquiry into and state legislative hearings on the screwed up mess that is the State Historic Preservation Division.
It seems like every time there was some kind of pilikila regarding burials McMahon was in the forefront.
Our headline and lede last May said it all:
THREE BURIALS UNEARTHED BY COWS AT LEPEULI UNCEREMONIOUSLY REBURIED BY SHPD’S MCMAHON WITHOUT BURIAL COUNCIL NOTIFICATION.
PNN) -- Three burials that were disinterred by Bruce Laymon's cattle operation on Waioli Corporation property at Lepeuli (Larsen’s Beach) and were unceremoniously moved and reinterred by State Historical Preservation Division (SHPD) Archeologist Nancy McMahon, according to a letter from McMahon to Hope Kallai of Malama Moloa`a.
McMahon's nomination despite the outrageous conflict of interest in serving on a commission that essentially would review her work, was one of those "council only" appointments where the mayor picks three, the council picks three and the body picks the last one. But the problem has been getting people to serve so the commission hasn't met in ages because they don't have a quorum.
So when McMahon put her name forward she was somewhat of an automatic nominee, according to councilmembers.
The only question really for council members was whether to reject McMahon outright yesterday as the oodles of outraged onlookers had demanded or take 60 days, as Chair Jay Furfaro requested, to "investigate" some of the charges.
After much wrangling, somewhat surprisingly since it had appeared there were only going to be three votes to kill the resolution during discussion, the council voted to kill it right then and there.
As a side note, the main thing the council apparently wanted to look into was one charges that many made, as we heard in an email earlier this week.
Apparently McMahon's educational background had been thrown into question because when her opponents checked with University of Hawai`i-Manoa they discovered her degree was "in anthropology, not archeology."
Seemingly they weren't the only ones who didn't know that archeology is more properly called "physical anthropology," as opposed to cultural anthropology. No one gets an undergraduate degree in "archeology" but rather studies both branches of anthropology and is awarded the appropriate degree.
We don't know what's wrong with this woman- she's apparently a glutton for rejection. First she ran and finished last in the 2008 election for council. Then a steady stream of charges- including one by a Kaua`i massage therapist that she was "filthy dirty" (ouch) - were telecast with such vile tossed in her direction that would bring a normal person to tears.
It's hard to say anyone deserves that but in McMahon’s case she's practically begged for it.
And, with twisted aloha, the community has once again granted her request.
Thursday, January 20, 2011
CIRCLE GAMED
CIRCLE GAMED: It seemed too good to be true when those who have been fighting to keep the alaloa at Lepe`uli (Larson’s) Beach informed us that, through his attorney Lorna Nishimitsu, Bruce Laymon said he was surrendering his Conservation District Use Permit (CDUP) and apparently would not be fencing off the ancient trail, denying easy access to the shoreline.
But there it was in black and white. And when the Board of Land and Natural Resources (BLNR) made it official at its meeting in Honolulu a week ago the activists couldn’t believe all their hard work had paid off.
But guess what- as if you haven’t already?
Yesterday the calls and emails started flowing in saying that Laymon had begun clearing and fencing off the alaloa anyway.
According to a email from Hope Kallai of Malama Moloa`a, Laymon is “actively preparing to fence in the area of the alaloa.”
Laymon has already “brushhogged dunes 2 weeks ago (before the surrender)” according to Kallai and she cites an informed source who spoke to Laymon who told her Laymon is “planning to remove all the ironwoods and plant grass.”
Kallai also says that the harassment has begun again and that “(p)ig hunters were shooting this weekend towards the beach. Beach goers were discussing caliber size not wave height.”
And while Kallai could not be reached for further clarification today, others who phoned told us that the fencing work has actually begun.
But how could that be?
Kallai says that “(t)he ‘victory’ was all smoke” and that apparently Nishimitsu is claiming that the conservation district ends makai of the alaloa.
In her letter to the BLNR surrendering the CDUP Nishimitsu cryptically wrote:
Paradise Ranch has been waiting far too long to fence the makai section of its leased lands to expand its pasture area and needs to attend to confining its livestock while providing it the best forage possible.
The contested case before the BLNR was going to rest in small part on past contentions from Nishimitsu and Laymon about the actual location of the alaloa that have since been shown to be false. But thus far there had never been a contention that the alaloa did not rest in the conservation district and, rather, was in the state Agricultural District.
But while how the BLNR will react and how the determination of the conservation district boundary will be made isn’t yet clear, there is another, more local apparent violation- that of the “over the counter” or “minor” Shoreline Management Area (SMA) Permit Laymon has to do the clearing and fencing.
The SMA is a federal provision under the Coastal Zone Management (CZM) Act that is administered by the county under state law. And any work done in the SMA- which many times exceeds the reach of the state conservation district as it apparently does in this case- no matter how minor, must have an SMA permit.
A “minor” SMA permit is different from a regular SMA in that it is not determined by the planning commission which would call for staff reports and public hearings but is issued “over the counter” based on representations to department staff. And the main determining factor for whether a “minor” SMA can be issued is the cost of the work to be done in the SMA area.
And that cost, last we checked, is $125 or less.
Of course there’s no way in hell the cost of the clearing and fencing operations are that low but a complaint must be filed and the department staff must ascertain the truth of the matter.
While it should be pointed out that we haven’t been able to actually see the operation and haven’t been able to independently verify what is going on at Lepe`uli with Laymon or Nishimitsu, multiple sources apparently confirm each others’ stories.
But there it was in black and white. And when the Board of Land and Natural Resources (BLNR) made it official at its meeting in Honolulu a week ago the activists couldn’t believe all their hard work had paid off.
But guess what- as if you haven’t already?
Yesterday the calls and emails started flowing in saying that Laymon had begun clearing and fencing off the alaloa anyway.
According to a email from Hope Kallai of Malama Moloa`a, Laymon is “actively preparing to fence in the area of the alaloa.”
Laymon has already “brushhogged dunes 2 weeks ago (before the surrender)” according to Kallai and she cites an informed source who spoke to Laymon who told her Laymon is “planning to remove all the ironwoods and plant grass.”
Kallai also says that the harassment has begun again and that “(p)ig hunters were shooting this weekend towards the beach. Beach goers were discussing caliber size not wave height.”
And while Kallai could not be reached for further clarification today, others who phoned told us that the fencing work has actually begun.
But how could that be?
Kallai says that “(t)he ‘victory’ was all smoke” and that apparently Nishimitsu is claiming that the conservation district ends makai of the alaloa.
In her letter to the BLNR surrendering the CDUP Nishimitsu cryptically wrote:
Paradise Ranch has been waiting far too long to fence the makai section of its leased lands to expand its pasture area and needs to attend to confining its livestock while providing it the best forage possible.
The contested case before the BLNR was going to rest in small part on past contentions from Nishimitsu and Laymon about the actual location of the alaloa that have since been shown to be false. But thus far there had never been a contention that the alaloa did not rest in the conservation district and, rather, was in the state Agricultural District.
But while how the BLNR will react and how the determination of the conservation district boundary will be made isn’t yet clear, there is another, more local apparent violation- that of the “over the counter” or “minor” Shoreline Management Area (SMA) Permit Laymon has to do the clearing and fencing.
The SMA is a federal provision under the Coastal Zone Management (CZM) Act that is administered by the county under state law. And any work done in the SMA- which many times exceeds the reach of the state conservation district as it apparently does in this case- no matter how minor, must have an SMA permit.
A “minor” SMA permit is different from a regular SMA in that it is not determined by the planning commission which would call for staff reports and public hearings but is issued “over the counter” based on representations to department staff. And the main determining factor for whether a “minor” SMA can be issued is the cost of the work to be done in the SMA area.
And that cost, last we checked, is $125 or less.
Of course there’s no way in hell the cost of the clearing and fencing operations are that low but a complaint must be filed and the department staff must ascertain the truth of the matter.
While it should be pointed out that we haven’t been able to actually see the operation and haven’t been able to independently verify what is going on at Lepe`uli with Laymon or Nishimitsu, multiple sources apparently confirm each others’ stories.
Wednesday, May 12, 2010
(PNN) THREE BURIALS UNEARTHED BY COWS AT LEPEULI UNCEREMONIOUSLY REBURIED BY SHPD’S MCMAHON WITHOUT BURIAL COUNCIL NOTIFICATION.
THREE BURIALS UNEARTHED BY COWS AT LEPEULI UNCEREMONIOUSLY REBURIED BY SHPD’S MCMAHON WITHOUT BURIAL COUNCIL NOTIFICATION.
LETTER DETAILS HARASSMENT OF TOURISTS BY LAYMON CONTINUES ON DISPUTED TRAIL
(PNN) -- Three burials that were disinterred by Bruce Laymon's cattle operation on Waioli Corporation property at Lepeuli (Larsen’s Beach) and were unceremoniously moved and reinterred by State Historical Preservation Division (SHPD) Archeologist Nancy McMahon, according to a letter from McMahon to Hope Kallai of Malama Moloa`a.
And in other developments the harassment of tourists by Laymon continues according to 62-year-old “snowbird” tourist Dennis L. Bosio.
The re-burials were apparently done without any notification or processing by the Kaua`i Burial Council (KBC).
In response to a letter from Kallai detailing her discovery of the reburials including maps to the area of the apparent re-interment, McMahon wrote to Kallai on December 17, 2009
Hi Hope,
This looks like the reinterment location that Eddie Ayau former Burial Staff of SHPD and myself did after three individuals were discovered at the base of the trail in the sandy beach as someone cut the fence or it broke and cattle wandered the area, apparently following the trail.
Thanks I will take a look as soon as possible.
Nancy McMahon,
Deputy State Historic Preservation Officer
Archaeology and Historic Preservation Manager
State Archaeologist
According to a Sept 11, 2009 memo marked “confidential” and obtained by Kallai. McMahon wrote to the DLNR’s Sam Lemmo:
"In Field 12 near the shoreline Hawaiian burials were found when the cattle broke the fence and eroded a trail. The reinterment is just below the fence in the boulder area in a gully at the end of Larsen's Beach Trail. In this area we recommend hand clearing no machinery and little herbicide use."
According to Kallai the burials are part of an ancient Hawaiian village as determined by archeologist David Burney of the National Tropical Botanical Gardens who has done extensive work at the caves in Maha`ulepu.
According to minutes from a Na Ala Hele meeting in 1998 Burney said the site may be “the oldest archaeological site on Kauai ”.
Kallai says that despite the fact that “Dr. Dave Burney (NTBG) corroborated the area as a significant archaeological site, with at least 2 distinct habitation layers”- a fact he reported to Waioli shortly after Hurricane ‘Iniki- “no protective measures were instituted” and no environmental assessment, which would include cultural impacts under HRS 343, has ever been conducted.
Currently there is an appeal pending before the Board of Land and Natural Resources (BLNR) for a conservation district use permit (CDUP) Laymon has obtained to do work in the area to pasture cattle, as PNN reported last month.
The incident of harassment occurred on March 6 according to Bosio, when he and a friend were “on the lateral trail where the trail becomes a road” according to a letter written that day by Bosio and obtained by PNN.
The letter says:
This morning about 9:30am... (a) man who identified himself as Bruce Laymon got out of a dump truck and confronted me.
He said " you are on private property and you know it, I am going to take your picture and the next time we see you on our property we will have you arrested". He was agitated, threatening and confrontational. He did not take my picture at this time but did yell at some workers to remember me if I came back on their property.
He accused me of being part of the group vandalizing his equipment and taking pictures and stirring up trouble. I had no idea about the damage to the equipment until the afternoon when I got the newspaper and saw today’s story.
A little while later I walked back down south on the beach a hundred yards or so and was talking to 2 guys I see there alot. We were on the sand not too far from the grass line. The guy who said he was Bruce Laymon came down on to the sand and started yelling at me again. He took my picture with a disposable camera and asked me for my name. When I smiled for the picture he said, "you better watch out, you think this is funny." He was yelling about how he was going to have 50 Hawaiians down here next week and they were going to take the beach back. "You watch and see, we will run you haoli's (sic) out of here. That's all you fucking haoli's do is come down here, get naked, and leave all kinds of shit back here in woods." He also yelled about how his entire crew was family and that's why they were doing this work, to reclaim the beach for their family and the Hawaiians.
I tried to calm him down and talk to him but he was having none of that. He kept accusing me of stirring up trouble. He also said that I was spreading lies through the newspaper.
Nice aloha spirit,
dennis
But Bosio did not make the letter public until May 5th saying
I have waited this long to make this account public because at the time my wife and I had 3 weeks remaining of vacation, we were renting near the Larsens (sic) Beach road, we walked Koolau road and Larsen’s Beach access road daily and were afraid we would run into either Bruce Laymon or one of his hired hands again. He was very threatening.
He ended by saying:
The above is a true and honest narrative of my encounter on March 6, 2010.
When I was confronted I was on a trail that I have used hundreds of times over the past seven years. There was a large truck, several pickups, guys with chain saws, and other large machinery clearing right up to the beach sand. I did not think that was right. I had taken pictures of the clearing work previous days, shared them with locals, and at least one of my pictures was in The Garden Island newspaper. I don’t know how they got it.
My wife and I are 62 year old retirees and have been coming to Kauai each winter for a month or two. We have real reservations about spending our vacation dollars on Kauai in the future. Just the lodging and rental car taxes for our two month’s on island this year were over $1,300. Larsen’s Beach is a unique natural treasure and the Larsen’s Beach experience is one that attracts a great deal of tourist revenue to Kauai . I hope it is protected for future generations.
Dennis L. Bosio
Kallai’s research into the significant cultural activities at Lepeuli are summarized in a letter to Office of Hawaiian Affairs Chief Executive Officer Clyde Nāmu'o.
The letter details the history of the region and so the need for a cultural impact statement according to Kallai. For those with an interest it is reprinted in full below.
RE: Cultural Impact Assessment Request
CDUA Permit Application 3525
DOCARE KA 09-12
Lepeuli, Ko`olau District, Kauai
Aloha no Mr. Nāmu'o and OHA:
There is a very distressing situation in the Lepeuli ahupua`a, Ko`olau District, of Kauai . A Conservation District Use Application has been submitted by Paradise Ranch, LLC and its attorney, Lorna Nishimitsu. This ahupua`a was acquired by Abner Wilcox in 1851 (Land Grant 530 for 535 acres for $535.68), with reservations (Koe ke kuleana o na kanaka) for the following kuleana(see attached): Kamokuliu (0519), Koleaka (05020), Kawelo(09073) , Kalawa (09149), Luahine (10014 also RP 4233), Makulu (0000K01), and a 20 acre Land Grant to Kane (523 in 2 apana). These kuleana areas are proposed to be disked, fenced and cross fenced for pasturage for commercial cattle production.
The Lepeuli Ahupua`a in the Ko`olau District of Kauai was a densely occupied coastal community of several hundred Native Hawaiians for about a thousand years, with features including ancient habitation sites,`auwai, agricultural sites and lo`i kalo, mala of noni, wauke, and u`ala, ponds and fish ponds, heiau and pa, and burial sites of `iwi kupuna. Coastal Alaloa connected the inter-related ahuua`a of the Koolau District from Kealia to Hanalei, through neigh boring areas of Moloa`a, Ka`aka`aniu, Lepeuli, Waipake, Pila`a, Kahili,Namahana, Kilauea and Waiakalua. Waipake kuleana landholders had kula of wauke in Moloa`a, connected by the coastal Ala Loa. A houselot in a Ka`aka`aniu kuleana had lo`i kalo in Lepeuli, documenting the inter-connectedness of these coastal fishing and agricultural communities
Taro production continued in Lepeuli Stream valley until the mid-1930's, when it was replaced by rice grown by the Japanese famers of Waipake. Contact period historic features include a four-room school, church, cemetery, pasture lands and piggery, sugar plantation ditches, and railroad tracks and the summer house of the plantation luna, L. David Larsen.
There has been no archaeological or cultural impact assessment of the potential impacts of proposed Paradise Ranch project on Waioli Corporation lands. There has never been any survey or inventory of Lepeuli. Applicant is applying for federal funds through the EQIP conservation program, subject to National Environmental Policy Act, which requires an assessment of environmental injustice assessment for particular impacts to subsistence hunters and gathers, dis-advantaged economic groups, races and cultural minorities.
According to Articles IX and XII of the State Constitution and other state laws, the state requires government agencies to "promote and preserve cultural beliefs, practices, and resources of Native Hawaiians and other ethnic groups."
The Department of Health (DOH), Chapter 343, requires an Environmental Assessment of cultural resources in determining significance and potential impacts of a proposed project.
Lepeuli has significant cultural and historic resources. The Ka`aka`aniu Reef system is the most highly documented tended limu in Hawai`i Nei, still of great important to the local residents. According to the predictive model of nearby archaeological assessments in Waipake and Moloa`a Bay Ranch, habitation sites and agricultural developments are expected to be in the stream valley with dryland terracing and agriculture on the slopes. Ancient and earlier prehistoric sites are predicted to be under the kuleana land filings. The historic ala loa joined the coastal communities throughout the Ko`olau District from Kealia to Hanalei.
The large swells of early December, 2009 exposed a significant archaeological site overlooking the stream channel of (de-watered) Lepeuli Stream. I notified SHPD (see attached); they claim it as one of their re-interments (see attached) - but there are significant features and charcoal firepits. I don't believe Nancy McMahon has been out to take a look.
There must be an archaeological and cultural impact assessment of the potential impacts of this Paradise Ranch CDUA to the Native Hawaiian community and it's special cultural resources and practices, including religious, subsistence fishing and gathering, by considering the impact of agricultural runoff to the reef resources of Ka`aka`aniu and cattle upon the historic kuleana lands of native Hawaiians in Lepeuli. Historic use by Japanese workers of Kilauea Sugar Plantation is highly documented. The only current residents of Lepeuli are descendents of Ko` olau School students.
I read with great respect your comments on the Moloa`a Bay Ranch CDUA. This Paradise Ranch project is of greater (more habitation and cultural uses) or equal importance, yet the Hawaiian community was not included for comments. The only history (and wildlife biology) was done by the applicant's attorney. Most of the Anahola community (including traditional cultural users and lineal descendents) do not know about this project. Federal funds should not be used to close off access to this important reef system. Paradise Ranch should not be allowed to rip and disk kuleana sands and back dunes (to increase water percolation!). Mr. Laymon, (known to disturb resting places of `iwi kupuna in prior CD violations) has stated that he knows where there are native Hawaiian burials. Scary.
Attached is a section excerpted from the Paradise Ranch SMA application that really deserves serious scrutiny.
Mahalo for your immediate action on this request and for requiring a cultural impact and archaeological assessment prior to any more impacting actions on these precious ancient Hawaiian homes and Conservation District Lands. Please contact me if you need any more information. Thank you for taking immediate steps to protect these resources and keep our history alive.
Hope Kallai
There were kuleana reserved in Lepeuli and resided on by Native Hawaiians until the 1930-1940’s. There are plenty of records and rememberences of these people. There are lineal descendents in the area.
One kuleana holder questioned whether he had to still pay taxes to the konohiki after Wilcox got Grant 530 Plenty of Hawaiian presence. The remains of a population of several hundred people living in Lepeuli for perhaps a thousand years are in the sands and lands of Lepeuli – not just 3 individuals. Conversion of house lots of kuleana to pasture has potential to significantly impact preservation and salvage of significant cultural resources. Closure of an ancient trail to important cultural resources is unacceptable.
The Office of Hawaiian Affairs has concerns with this project. Their comments have not been considered. There must be a culturally respectful plan for the re-burials; they must be offered protection from mechanized manipulation of the soil, herbicides and cattle manure. This is culturally and socially unconscionable. Burials in a commercial cow pasture! AUWE!
--------
We’re again forced to take a long weekend to take care of pressing matters. See ya Monday or so.
LETTER DETAILS HARASSMENT OF TOURISTS BY LAYMON CONTINUES ON DISPUTED TRAIL
(PNN) -- Three burials that were disinterred by Bruce Laymon's cattle operation on Waioli Corporation property at Lepeuli (Larsen’s Beach) and were unceremoniously moved and reinterred by State Historical Preservation Division (SHPD) Archeologist Nancy McMahon, according to a letter from McMahon to Hope Kallai of Malama Moloa`a.
And in other developments the harassment of tourists by Laymon continues according to 62-year-old “snowbird” tourist Dennis L. Bosio.
The re-burials were apparently done without any notification or processing by the Kaua`i Burial Council (KBC).
In response to a letter from Kallai detailing her discovery of the reburials including maps to the area of the apparent re-interment, McMahon wrote to Kallai on December 17, 2009
Hi Hope,
This looks like the reinterment location that Eddie Ayau former Burial Staff of SHPD and myself did after three individuals were discovered at the base of the trail in the sandy beach as someone cut the fence or it broke and cattle wandered the area, apparently following the trail.
Thanks I will take a look as soon as possible.
Nancy McMahon,
Deputy State Historic Preservation Officer
Archaeology and Historic Preservation Manager
State Archaeologist
According to a Sept 11, 2009 memo marked “confidential” and obtained by Kallai. McMahon wrote to the DLNR’s Sam Lemmo:
"In Field 12 near the shoreline Hawaiian burials were found when the cattle broke the fence and eroded a trail. The reinterment is just below the fence in the boulder area in a gully at the end of Larsen's Beach Trail. In this area we recommend hand clearing no machinery and little herbicide use."
According to Kallai the burials are part of an ancient Hawaiian village as determined by archeologist David Burney of the National Tropical Botanical Gardens who has done extensive work at the caves in Maha`ulepu.
According to minutes from a Na Ala Hele meeting in 1998 Burney said the site may be “the oldest archaeological site on Kauai ”.
Kallai says that despite the fact that “Dr. Dave Burney (NTBG) corroborated the area as a significant archaeological site, with at least 2 distinct habitation layers”- a fact he reported to Waioli shortly after Hurricane ‘Iniki- “no protective measures were instituted” and no environmental assessment, which would include cultural impacts under HRS 343, has ever been conducted.
Currently there is an appeal pending before the Board of Land and Natural Resources (BLNR) for a conservation district use permit (CDUP) Laymon has obtained to do work in the area to pasture cattle, as PNN reported last month.
The incident of harassment occurred on March 6 according to Bosio, when he and a friend were “on the lateral trail where the trail becomes a road” according to a letter written that day by Bosio and obtained by PNN.
The letter says:
This morning about 9:30am... (a) man who identified himself as Bruce Laymon got out of a dump truck and confronted me.
He said " you are on private property and you know it, I am going to take your picture and the next time we see you on our property we will have you arrested". He was agitated, threatening and confrontational. He did not take my picture at this time but did yell at some workers to remember me if I came back on their property.
He accused me of being part of the group vandalizing his equipment and taking pictures and stirring up trouble. I had no idea about the damage to the equipment until the afternoon when I got the newspaper and saw today’s story.
A little while later I walked back down south on the beach a hundred yards or so and was talking to 2 guys I see there alot. We were on the sand not too far from the grass line. The guy who said he was Bruce Laymon came down on to the sand and started yelling at me again. He took my picture with a disposable camera and asked me for my name. When I smiled for the picture he said, "you better watch out, you think this is funny." He was yelling about how he was going to have 50 Hawaiians down here next week and they were going to take the beach back. "You watch and see, we will run you haoli's (sic) out of here. That's all you fucking haoli's do is come down here, get naked, and leave all kinds of shit back here in woods." He also yelled about how his entire crew was family and that's why they were doing this work, to reclaim the beach for their family and the Hawaiians.
I tried to calm him down and talk to him but he was having none of that. He kept accusing me of stirring up trouble. He also said that I was spreading lies through the newspaper.
Nice aloha spirit,
dennis
But Bosio did not make the letter public until May 5th saying
I have waited this long to make this account public because at the time my wife and I had 3 weeks remaining of vacation, we were renting near the Larsens (sic) Beach road, we walked Koolau road and Larsen’s Beach access road daily and were afraid we would run into either Bruce Laymon or one of his hired hands again. He was very threatening.
He ended by saying:
The above is a true and honest narrative of my encounter on March 6, 2010.
When I was confronted I was on a trail that I have used hundreds of times over the past seven years. There was a large truck, several pickups, guys with chain saws, and other large machinery clearing right up to the beach sand. I did not think that was right. I had taken pictures of the clearing work previous days, shared them with locals, and at least one of my pictures was in The Garden Island newspaper. I don’t know how they got it.
My wife and I are 62 year old retirees and have been coming to Kauai each winter for a month or two. We have real reservations about spending our vacation dollars on Kauai in the future. Just the lodging and rental car taxes for our two month’s on island this year were over $1,300. Larsen’s Beach is a unique natural treasure and the Larsen’s Beach experience is one that attracts a great deal of tourist revenue to Kauai . I hope it is protected for future generations.
Dennis L. Bosio
Kallai’s research into the significant cultural activities at Lepeuli are summarized in a letter to Office of Hawaiian Affairs Chief Executive Officer Clyde Nāmu'o.
The letter details the history of the region and so the need for a cultural impact statement according to Kallai. For those with an interest it is reprinted in full below.
RE: Cultural Impact Assessment Request
CDUA Permit Application 3525
DOCARE KA 09-12
Lepeuli, Ko`olau District, Kauai
Aloha no Mr. Nāmu'o and OHA:
There is a very distressing situation in the Lepeuli ahupua`a, Ko`olau District, of Kauai . A Conservation District Use Application has been submitted by Paradise Ranch, LLC and its attorney, Lorna Nishimitsu. This ahupua`a was acquired by Abner Wilcox in 1851 (Land Grant 530 for 535 acres for $535.68), with reservations (Koe ke kuleana o na kanaka) for the following kuleana(see attached): Kamokuliu (0519), Koleaka (05020), Kawelo(09073) , Kalawa (09149), Luahine (10014 also RP 4233), Makulu (0000K01), and a 20 acre Land Grant to Kane (523 in 2 apana). These kuleana areas are proposed to be disked, fenced and cross fenced for pasturage for commercial cattle production.
The Lepeuli Ahupua`a in the Ko`olau District of Kauai was a densely occupied coastal community of several hundred Native Hawaiians for about a thousand years, with features including ancient habitation sites,`auwai, agricultural sites and lo`i kalo, mala of noni, wauke, and u`ala, ponds and fish ponds, heiau and pa, and burial sites of `iwi kupuna. Coastal Alaloa connected the inter-related ahuua`a of the Koolau District from Kealia to Hanalei, through neigh boring areas of Moloa`a, Ka`aka`aniu, Lepeuli, Waipake, Pila`a, Kahili,Namahana, Kilauea and Waiakalua. Waipake kuleana landholders had kula of wauke in Moloa`a, connected by the coastal Ala Loa. A houselot in a Ka`aka`aniu kuleana had lo`i kalo in Lepeuli, documenting the inter-connectedness of these coastal fishing and agricultural communities
Taro production continued in Lepeuli Stream valley until the mid-1930's, when it was replaced by rice grown by the Japanese famers of Waipake. Contact period historic features include a four-room school, church, cemetery, pasture lands and piggery, sugar plantation ditches, and railroad tracks and the summer house of the plantation luna, L. David Larsen.
There has been no archaeological or cultural impact assessment of the potential impacts of proposed Paradise Ranch project on Waioli Corporation lands. There has never been any survey or inventory of Lepeuli. Applicant is applying for federal funds through the EQIP conservation program, subject to National Environmental Policy Act, which requires an assessment of environmental injustice assessment for particular impacts to subsistence hunters and gathers, dis-advantaged economic groups, races and cultural minorities.
According to Articles IX and XII of the State Constitution and other state laws, the state requires government agencies to "promote and preserve cultural beliefs, practices, and resources of Native Hawaiians and other ethnic groups."
The Department of Health (DOH), Chapter 343, requires an Environmental Assessment of cultural resources in determining significance and potential impacts of a proposed project.
Lepeuli has significant cultural and historic resources. The Ka`aka`aniu Reef system is the most highly documented tended limu in Hawai`i Nei, still of great important to the local residents. According to the predictive model of nearby archaeological assessments in Waipake and Moloa`a Bay Ranch, habitation sites and agricultural developments are expected to be in the stream valley with dryland terracing and agriculture on the slopes. Ancient and earlier prehistoric sites are predicted to be under the kuleana land filings. The historic ala loa joined the coastal communities throughout the Ko`olau District from Kealia to Hanalei.
The large swells of early December, 2009 exposed a significant archaeological site overlooking the stream channel of (de-watered) Lepeuli Stream. I notified SHPD (see attached); they claim it as one of their re-interments (see attached) - but there are significant features and charcoal firepits. I don't believe Nancy McMahon has been out to take a look.
There must be an archaeological and cultural impact assessment of the potential impacts of this Paradise Ranch CDUA to the Native Hawaiian community and it's special cultural resources and practices, including religious, subsistence fishing and gathering, by considering the impact of agricultural runoff to the reef resources of Ka`aka`aniu and cattle upon the historic kuleana lands of native Hawaiians in Lepeuli. Historic use by Japanese workers of Kilauea Sugar Plantation is highly documented. The only current residents of Lepeuli are descendents of Ko` olau School students.
I read with great respect your comments on the Moloa`a Bay Ranch CDUA. This Paradise Ranch project is of greater (more habitation and cultural uses) or equal importance, yet the Hawaiian community was not included for comments. The only history (and wildlife biology) was done by the applicant's attorney. Most of the Anahola community (including traditional cultural users and lineal descendents) do not know about this project. Federal funds should not be used to close off access to this important reef system. Paradise Ranch should not be allowed to rip and disk kuleana sands and back dunes (to increase water percolation!). Mr. Laymon, (known to disturb resting places of `iwi kupuna in prior CD violations) has stated that he knows where there are native Hawaiian burials. Scary.
Attached is a section excerpted from the Paradise Ranch SMA application that really deserves serious scrutiny.
Mahalo for your immediate action on this request and for requiring a cultural impact and archaeological assessment prior to any more impacting actions on these precious ancient Hawaiian homes and Conservation District Lands. Please contact me if you need any more information. Thank you for taking immediate steps to protect these resources and keep our history alive.
Hope Kallai
There were kuleana reserved in Lepeuli and resided on by Native Hawaiians until the 1930-1940’s. There are plenty of records and rememberences of these people. There are lineal descendents in the area.
One kuleana holder questioned whether he had to still pay taxes to the konohiki after Wilcox got Grant 530 Plenty of Hawaiian presence. The remains of a population of several hundred people living in Lepeuli for perhaps a thousand years are in the sands and lands of Lepeuli – not just 3 individuals. Conversion of house lots of kuleana to pasture has potential to significantly impact preservation and salvage of significant cultural resources. Closure of an ancient trail to important cultural resources is unacceptable.
The Office of Hawaiian Affairs has concerns with this project. Their comments have not been considered. There must be a culturally respectful plan for the re-burials; they must be offered protection from mechanized manipulation of the soil, herbicides and cattle manure. This is culturally and socially unconscionable. Burials in a commercial cow pasture! AUWE!
--------
We’re again forced to take a long weekend to take care of pressing matters. See ya Monday or so.
Tuesday, April 27, 2010
...AND THE UGLY
...AND THE UGLY: There’s good news and bad news on the Lepeuli- aka Larsen’s Beach- front.
The good news is that the appeal of the Bruce Laymon’s CDUA permit- filed by Sierra Club- along with the Native Hawaiian Legal Corporation (HLC) and the Surfrider Foundation and supported by the Office of Hawaiian Affairs has been granted.
The bad news is that it will be heard in Honolulu on the May 13th meeting of the Board of Land and Natural Resources (BLNR).
According to Hope Kallai of Malama Moloa`a (MM) Laymon has clearcut the beach and shredded coral and apparently no agency seems to care. And there’s still no usable access while the various “stakeholder” parties wrangle over whether or not to honor the traditional Alaloa or make believe it never existed with the later seemingly being the one thing they all agree upon.
For those who are uninitiated in the debacle, follow the links above for our past posts.
Apparently the best Kaua`i people who can’t afford airfare can do is to write to various people and agencies.
Here’s a primer in preparing testimony from MM.
----
Lepeuli CDUA appeal will be discussed at the BLNR meeting May 13 in Honolulu
According to (Tiger) Kimberly K. Tiger Mills, Staff Planner for the State of Hawaii Department of Land & Natural Resources (DLNR) Office of Conservation and Coastal Lands (OCCL), the appeal of the approval of the Paradise Ranch Conservation District Use Application to convert shorefront coastal scrub into commercial cattle pasture will be considered by the Board of Land and Natural Resources (BLNR) on THURSDAY, May 13, 2010. Meetings begin at 9 am at the
Kalanimoku Building1151 Punchbowl St.Honolulu , HI 96813www.hawaii.gov/dlnr/occl
dlnr@hawaii.gov
The agenda is not available yet, but Lepeuli as an agenda item has been confirmed. Book flights now!
The BLNR meeting agenda for May 13th will appear on our website one week prior on May 6th: http://hawaii.gov/dlnr/chair/meeting
· There are many reasons for considering the appeal of this CDUA. There has been seriously inadequate community involvement. Repeated requests from the public as well as 3 requests from Senator Gary Hooser (even offering to fund the DLNR trip to Kauai for the meeting) have been refused.
-There are inadequate agency comments. Three federally listed species will potentially be negatively impacted by this project, yet there is no Habitat Conservation Plan (as required under HRS 195D-21) for these species. Federal funds are being used for pasture conversion of a native habitat with potential impacts to endangered species.
-There must be a current shoreline certification. There has not been a state survey since 1978. Project applicant states “property boundary is makai of shoreline.” He manages the coral cobble and sand with a BrushHog. This is PUBLIC LAND in the Conservation District. Applicant has removed the debris line with machinery.
-Ancient Alaloa has NEVER been closed off. It is a significant trail with important cultural and PASH access needs. It has been in continual use for many hundreds of years. All ancient roads and trails are state land. The cultural comments of segment of the Alaloa (Arch siste 1034) managed by the Na Ala Hele trail system document the importance of this trail system and the antiquity of it. The Lepeuli must be recognized as an Archaeological Site and offered state protection.
-There must be a Cultural Impact Assessment of the ahupua`a of Lepeuli before any more mechanized manipulation of cultural sites present.
DLNR never contacted any harvesters or user groups of the most important limu kohu resources in Hawaii .
-Agriculture (cattle operations) will not benefit the reef. This statement is ridiculous.
-There has never been an estimate at the usage and visitation of the Alaloa or the County Right-Of-Way. The user groups must be defined and consulted before any new trail is designed. Traditional gathers must be consulted about trail access.
-Any new trail configuration must be designed to PASH and ADA Standards. The Ancient Alaloa falls under Historic Trail standards; the County Right of Way must adhere to ADA Trail standards.
-Impact to protected species of Alaloa closure (and subsequent increase in beach travel) has not been considered.
-Native plant communities and indigenous wildlife are protected under HRS 195.
-Beach access is protected by Hawaii state laws including the right of safe transit along the shorelines. HRS 115-5 offers the public a 6’ transit corridor in areas where there are rocky shorelines or cliffs. Blocking any public access with fences or gates to the shoreline is a misdemeanor and punishable by fines.
Letters can be written to the Board of Land and Natural Resources (BLNR) at
Adaline Cummings, SecretaryBoard of Land & Natural Resources1151 Punchbowl Street, Suite 130Honolulu, Hawaii 96813Phone: 808-587-0404Fax: 808-587-0390
adaline.f.cummings@hawaii.gov
Comments should also be sent to Tiger Mills of the Office of Conservation and Coastal Lands
Kimberly K. (Tiger) Mills, Staff PlannerState of HawaiiDepartment of Land & Natural ResourcesOffice of Conservation and Coastal LandsP.O. Box 621Honolulu, Hawaii 96809
kimberly.mills@hawaii.gov
Request a current Shoreline Certification from the State Land Survey Division
Reid K. Siarot, State Land Surveyor
Department of Accounting & General Services
Land Survey Division
1151 Punchbowl St., Rm 210
Honolulu Hawaii 96813
(808) 586-0390
(808) 586-0383 fax
reid.k.siarot@hawaii.gov
and
Christopher L. Conger, Shoreline Specialist
University of Hawaii Sea Grant College Program
Department of Land and Natural Resources
1151 Punchbowl St., Rm 131
Honolulu Hawaii 96813
(808) 587-0049 work
(808) 520-4892 work cell
(808) 587-0322 fax
Chris.L.Conger@hawaii.gov
Request a Cultural Impact Assessment (CIA) and Archaeological Inventory/Assessment from
Puaalaokalani Aiu, Administrator
State Historic Preservation Division
Kakuhihewa Building,
601 Kamokila Blvd., Suite 555,
Kapolei, Hawai`i , 96707Ph: (808) 692-8015Fax: (808) 692-8020
Pua.Aiu@hawaii.gov
nancy.a.mcmahon@hawaii.gov
And
Clyde Namu`o
OHA
711 Kapi'olani Blvd., Ste. 500
Honolulu, HI 96813
Phone: (808) 594-1835
Fax: (808) 594-1865
clydenamuo@oha.org
OHA Washington, D.C., Bureau50 F St. NW, Ste. 3300Washington, D.C. 20001 Ph: (202) 454-0920 Fax: (202) 789-1758 timjohnson@ohadc.org
OHA Kaua'i & Ni'ihau2970 Kele Street, Ste. 113Lihu'e, HI 96766Phone: (808) 241-3390Fax: (808) 241-3508 kalikos@oha.org
kaim@oha.org
Comments should also be sent to the county at
mayor@kauai.gov;openspace@kauai.gov; councilmembers@kauai.gov; CouncilTestimony@kauai.gov; csimao@kauai.gov;
State emails:
dlnr@hawaii.gov; adaline.f.cummings@hawaii.gov; kimberly.mills@hawaii.gov; reid.k.siarot@hawaii.gov; Chris.L.Conger@hawaii.gov; Pua.Aiu@hawaii.gov;
nancy.a.mcmahon@hawaii.gov; clydenamuo@oha.org; timjohnson@ohadc.org; kalikos@oha.org
kaim@oha.org
The good news is that the appeal of the Bruce Laymon’s CDUA permit- filed by Sierra Club- along with the Native Hawaiian Legal Corporation (HLC) and the Surfrider Foundation and supported by the Office of Hawaiian Affairs has been granted.
The bad news is that it will be heard in Honolulu on the May 13th meeting of the Board of Land and Natural Resources (BLNR).
According to Hope Kallai of Malama Moloa`a (MM) Laymon has clearcut the beach and shredded coral and apparently no agency seems to care. And there’s still no usable access while the various “stakeholder” parties wrangle over whether or not to honor the traditional Alaloa or make believe it never existed with the later seemingly being the one thing they all agree upon.
For those who are uninitiated in the debacle, follow the links above for our past posts.
Apparently the best Kaua`i people who can’t afford airfare can do is to write to various people and agencies.
Here’s a primer in preparing testimony from MM.
----
Lepeuli CDUA appeal will be discussed at the BLNR meeting May 13 in Honolulu
According to (Tiger) Kimberly K. Tiger Mills, Staff Planner for the State of Hawaii Department of Land & Natural Resources (DLNR) Office of Conservation and Coastal Lands (OCCL), the appeal of the approval of the Paradise Ranch Conservation District Use Application to convert shorefront coastal scrub into commercial cattle pasture will be considered by the Board of Land and Natural Resources (BLNR) on THURSDAY, May 13, 2010. Meetings begin at 9 am at the
Kalanimoku Building1151 Punchbowl St.Honolulu , HI 96813www.hawaii.gov/dlnr/occl
dlnr@hawaii.gov
The agenda is not available yet, but Lepeuli as an agenda item has been confirmed. Book flights now!
The BLNR meeting agenda for May 13th will appear on our website one week prior on May 6th: http://hawaii.gov/dlnr/chair/meeting
· There are many reasons for considering the appeal of this CDUA. There has been seriously inadequate community involvement. Repeated requests from the public as well as 3 requests from Senator Gary Hooser (even offering to fund the DLNR trip to Kauai for the meeting) have been refused.
-There are inadequate agency comments. Three federally listed species will potentially be negatively impacted by this project, yet there is no Habitat Conservation Plan (as required under HRS 195D-21) for these species. Federal funds are being used for pasture conversion of a native habitat with potential impacts to endangered species.
-There must be a current shoreline certification. There has not been a state survey since 1978. Project applicant states “property boundary is makai of shoreline.” He manages the coral cobble and sand with a BrushHog. This is PUBLIC LAND in the Conservation District. Applicant has removed the debris line with machinery.
-Ancient Alaloa has NEVER been closed off. It is a significant trail with important cultural and PASH access needs. It has been in continual use for many hundreds of years. All ancient roads and trails are state land. The cultural comments of segment of the Alaloa (Arch siste 1034) managed by the Na Ala Hele trail system document the importance of this trail system and the antiquity of it. The Lepeuli must be recognized as an Archaeological Site and offered state protection.
-There must be a Cultural Impact Assessment of the ahupua`a of Lepeuli before any more mechanized manipulation of cultural sites present.
DLNR never contacted any harvesters or user groups of the most important limu kohu resources in Hawaii .
-Agriculture (cattle operations) will not benefit the reef. This statement is ridiculous.
-There has never been an estimate at the usage and visitation of the Alaloa or the County Right-Of-Way. The user groups must be defined and consulted before any new trail is designed. Traditional gathers must be consulted about trail access.
-Any new trail configuration must be designed to PASH and ADA Standards. The Ancient Alaloa falls under Historic Trail standards; the County Right of Way must adhere to ADA Trail standards.
-Impact to protected species of Alaloa closure (and subsequent increase in beach travel) has not been considered.
-Native plant communities and indigenous wildlife are protected under HRS 195.
-Beach access is protected by Hawaii state laws including the right of safe transit along the shorelines. HRS 115-5 offers the public a 6’ transit corridor in areas where there are rocky shorelines or cliffs. Blocking any public access with fences or gates to the shoreline is a misdemeanor and punishable by fines.
Letters can be written to the Board of Land and Natural Resources (BLNR) at
Adaline Cummings, SecretaryBoard of Land & Natural Resources1151 Punchbowl Street, Suite 130Honolulu, Hawaii 96813Phone: 808-587-0404Fax: 808-587-0390
adaline.f.cummings@hawaii.gov
Comments should also be sent to Tiger Mills of the Office of Conservation and Coastal Lands
Kimberly K. (Tiger) Mills, Staff PlannerState of HawaiiDepartment of Land & Natural ResourcesOffice of Conservation and Coastal LandsP.O. Box 621Honolulu, Hawaii 96809
kimberly.mills@hawaii.gov
Request a current Shoreline Certification from the State Land Survey Division
Reid K. Siarot, State Land Surveyor
Department of Accounting & General Services
Land Survey Division
1151 Punchbowl St., Rm 210
Honolulu Hawaii 96813
(808) 586-0390
(808) 586-0383 fax
reid.k.siarot@hawaii.gov
and
Christopher L. Conger, Shoreline Specialist
University of Hawaii Sea Grant College Program
Department of Land and Natural Resources
1151 Punchbowl St., Rm 131
Honolulu Hawaii 96813
(808) 587-0049 work
(808) 520-4892 work cell
(808) 587-0322 fax
Chris.L.Conger@hawaii.gov
Request a Cultural Impact Assessment (CIA) and Archaeological Inventory/Assessment from
Puaalaokalani Aiu, Administrator
State Historic Preservation Division
Kakuhihewa Building,
601 Kamokila Blvd., Suite 555,
Kapolei, Hawai`i , 96707Ph: (808) 692-8015Fax: (808) 692-8020
Pua.Aiu@hawaii.gov
nancy.a.mcmahon@hawaii.gov
And
Clyde Namu`o
OHA
711 Kapi'olani Blvd., Ste. 500
Honolulu, HI 96813
Phone: (808) 594-1835
Fax: (808) 594-1865
clydenamuo@oha.org
OHA Washington, D.C., Bureau50 F St. NW, Ste. 3300Washington, D.C. 20001 Ph: (202) 454-0920 Fax: (202) 789-1758 timjohnson@ohadc.org
OHA Kaua'i & Ni'ihau2970 Kele Street, Ste. 113Lihu'e, HI 96766Phone: (808) 241-3390Fax: (808) 241-3508 kalikos@oha.org
kaim@oha.org
Comments should also be sent to the county at
mayor@kauai.gov;openspace@kauai.gov; councilmembers@kauai.gov; CouncilTestimony@kauai.gov; csimao@kauai.gov;
State emails:
dlnr@hawaii.gov; adaline.f.cummings@hawaii.gov; kimberly.mills@hawaii.gov; reid.k.siarot@hawaii.gov; Chris.L.Conger@hawaii.gov; Pua.Aiu@hawaii.gov;
nancy.a.mcmahon@hawaii.gov; clydenamuo@oha.org; timjohnson@ohadc.org; kalikos@oha.org
kaim@oha.org
Friday, June 26, 2009
(PNN) REPORT: DAM DITCH INTAKE AND RETURN WATER TO MOLOA`A STREAM
REPORT: DAM DITCH INTAKE AND RETURN WATER TO MOLOA`A STREAM
(PNN) -- Moloa`a Stream's flow will be “restored to it’s natural state” if a consultant’s recommendation are followed, the county council was told Wednesday.
But although Moloa`a water activist Hope Kallai, who has pushed for the return of water to Moloa`a residents and farmers, was pleased, she also said not so fast there. She explained that the point of diversion is on conservation land and any effort at all would need permissions and permits to work on the current stream alteration that diverts river water into Moloa`a Ditch.
In addition, although Kallai did not mention it, water course alterations also usually need federal permits.
In a presentation of the final draft of the “Kilauea Irrigation Water Engineering Monitoring Study”, Andy Hood of “Sustainable Resources Group International Inc.” told council members that the water that flows into the Ka Loko Ditch system from the Kalua`a tributary of Moloa`a Stream is “not needed” to sustain agriculture in the area and “recommend(ed) at the point of diversion at Kalua`a stream, the intake to Moloa`a ditch be dammed up and restored to its natural state”.
Hood said that although “Moloa`a Ditch had never been registered to receive a stream works diversion permit nor was the ditch permitted” there was “nothing sinister” in that and there was “no malfeasance”. Rather he theorized that Brewer Inc, who owned the land prior to 1987, “just didn’t need the water” and the permitting “slipped through the cracks”.
He did not mention the part of the original draft report that says that the current condition of the intake dam was apparently the result of work done only about 10 ago, as PNN reported in its series on the Moloa`a Water theft (see left “rail” for links to prior reports).
Hood said that the Mary Lucas Trust (MLT)- which according to a 1987 “allocation” shares the water equally with the Kilauea Irrigation company (KICO) and owns land abutting Ka Loko Reservoir- has agreed to pay for restoring the flow to farmers and residents in Moloa`a Valley who say they have noticed a marked decrease in water flow and area wells ever since the late 90’s around the time the work was allegedly done.
According to that 1987 water rights agreement to serve the 105 acre “Kilauea Farms Subdivision” below the reservoir, KICO and MLT are to share the water “50-50”, Hood told the council.
But State Aquatic Resources Kaua`i Manager Don Heacock said that water rights nowadays are subject to the “pubic trust doctrine”- as established in the Wai`ahole Ditch Hawai`i Supreme Court decision- and should be allocated based on need and use by the “State Commission of Water Resources”.
Hood said that he could not determine use by KICO because it’s owner Thomas Hitch has seemingly disappeared and the current users claim “proprietary information” that “their competitors” would like to get their hands on a survey of the users done for the study drew few responses.
In addition due to the massive and complicated litigation surrounding the March 2006 Ka Loko dam break tragedy that killed seven people downstream, no one wants to talk about anything although he said much of the report would not have been possible without the discovery” process as a result of the suits.
He also said MLT only uses the water they receive to support around a hundred head of cattle.
One discrepancy as stated by Hood is that MLT receives water through a pipe that takes water from the Ka Loko ditch way up valley but also shares a 50-50 use arrangement just above the reservoir implying that MLT may be receiving much more than 50% despite their limited need.
In a power point presentation cut short by the enforcement of the council’s “three minutes” rules, Kallai presented documents showing that prior to the ’87 agreement both the county council in 1979 and the Water Department subsequently, had designs on the water. The council wanted to supply planned “diversified agriculture” in the entire Kilauea area from Kalihiwai to Moloa`a and the Department wanted some for potable water.
As to whether there is sufficient water to serve the Kilauea Farms subdivision- which was the actual subject of the $75,000 study initiated by Councilmembers Jay Furfaro and Darryl Kaneshiro- the answer is “just barely” under the current arrangement and condition of Ka Loko reservoir.
Hood provided a few options for increasing the flow including a limited repair of the breach at the bottom of the reservoir where overflow currently runs down valley into the ocean when the three big pipes that remove the water for irrigation are fully supplied.
Kallai claimed that the overflow is a huge mess that was never investigated by the EPA, and never cleaned up making the damage downstream and to the reef and ocean something that would “make Pila`a look manini.”
Some councilmembers wanted to know if and how the system might serve the entire Kilauea area since it is just barely sufficient in its current state to serve the Kilauea Farms Subdivision. But it was determined that historically there were other components of the entire Kilauea Sugar Company operations irrigation system, including the Kalihiwai reservoir which originally served some lands in that area until sugar production was shut down in the early 70’s.
That area would include the new Kilauea Agricultural Park that the county has recently obtained after a 30 year battle to acquire and set it up. Present plans are to use the potable county water system for the farm rather than a the old gravity driven cane ditch system.
The council discussed briefly whether funding a wider study to get a comprehensive idea of the water resources and needs- and current flows which were not in the report aside from some guesswork on the Ka Loko system- but Heacock recommended contacting the state Department of Land and Natural Resources (DLNR), the federal Department of Agriculture’s National Resources Conservation Service and the US Geologic Service in Honolulu to get them to coordinate and possibly fund the study since it was essentially their kuleana.
Heacock said that there are actually 26 streams that feed Ka Loko system, something Hood intimated when saying that the flow intake at the head end of the Ka Loko system was less than the amount flowing at the end, guessing that there were areas where streams fed the ditch at lower elevation although his staff did not observe them.
And of course that net gain includes the previously mentioned “pipe” at higher elevations that removes water for MLT’s cows
Heacock said there needs to be a full disclosure on “what’s being serviced- what crops are being grown” implying that some farms’ claim to “proprietary information” was not going to get them water if the “public trust” involved in water rights is enforced.
Kallai was denied permission by Economic Development and Housing Committee Chair Dickie Chang to use the testimony time of the roomful of KNA members present and was cut off without being able to finish her whole presentation which included documents not in the county report, many from a 1984 federal study of ag in the Kilauea area and water usage stakeholders at that time that were excluded in the ’87 agreement between KICO and MLT.
But as she was being given the bums rush she did mange to blurt out that the intake was on state conservation land and therefore no activity may take place without the DLNR’s permission and no changes to water flow may be effectuated without the OK of the DLNR’s “Commission of Water Resources” which determine water usage based on the Wai`ahole pubic trust doctrine.
Despite the testimony by Hood regarding Moloa`a Ditch, previous to and in anticipation of Kallai’s testimony Councilperson Darryl Kaneshiro and Council Chair Kaipo Asing attempted to limit her testimony because the specific subject of Moloa`a Ditch wasn’t on the council’s official agenda. But councilperson Jay Furfaro countered that under the state sunshine law the public was permitted to speak “off agenda” at the discretion of Committee Chair Chang.
The 155 page PDF file of the report is available on-line. It was funded through the county’s Office of Economic Development.
(PNN) -- Moloa`a Stream's flow will be “restored to it’s natural state” if a consultant’s recommendation are followed, the county council was told Wednesday.
But although Moloa`a water activist Hope Kallai, who has pushed for the return of water to Moloa`a residents and farmers, was pleased, she also said not so fast there. She explained that the point of diversion is on conservation land and any effort at all would need permissions and permits to work on the current stream alteration that diverts river water into Moloa`a Ditch.
In addition, although Kallai did not mention it, water course alterations also usually need federal permits.
In a presentation of the final draft of the “Kilauea Irrigation Water Engineering Monitoring Study”, Andy Hood of “Sustainable Resources Group International Inc.” told council members that the water that flows into the Ka Loko Ditch system from the Kalua`a tributary of Moloa`a Stream is “not needed” to sustain agriculture in the area and “recommend(ed) at the point of diversion at Kalua`a stream, the intake to Moloa`a ditch be dammed up and restored to its natural state”.
Hood said that although “Moloa`a Ditch had never been registered to receive a stream works diversion permit nor was the ditch permitted” there was “nothing sinister” in that and there was “no malfeasance”. Rather he theorized that Brewer Inc, who owned the land prior to 1987, “just didn’t need the water” and the permitting “slipped through the cracks”.
He did not mention the part of the original draft report that says that the current condition of the intake dam was apparently the result of work done only about 10 ago, as PNN reported in its series on the Moloa`a Water theft (see left “rail” for links to prior reports).
Hood said that the Mary Lucas Trust (MLT)- which according to a 1987 “allocation” shares the water equally with the Kilauea Irrigation company (KICO) and owns land abutting Ka Loko Reservoir- has agreed to pay for restoring the flow to farmers and residents in Moloa`a Valley who say they have noticed a marked decrease in water flow and area wells ever since the late 90’s around the time the work was allegedly done.
According to that 1987 water rights agreement to serve the 105 acre “Kilauea Farms Subdivision” below the reservoir, KICO and MLT are to share the water “50-50”, Hood told the council.
But State Aquatic Resources Kaua`i Manager Don Heacock said that water rights nowadays are subject to the “pubic trust doctrine”- as established in the Wai`ahole Ditch Hawai`i Supreme Court decision- and should be allocated based on need and use by the “State Commission of Water Resources”.
Hood said that he could not determine use by KICO because it’s owner Thomas Hitch has seemingly disappeared and the current users claim “proprietary information” that “their competitors” would like to get their hands on a survey of the users done for the study drew few responses.
In addition due to the massive and complicated litigation surrounding the March 2006 Ka Loko dam break tragedy that killed seven people downstream, no one wants to talk about anything although he said much of the report would not have been possible without the discovery” process as a result of the suits.
He also said MLT only uses the water they receive to support around a hundred head of cattle.
One discrepancy as stated by Hood is that MLT receives water through a pipe that takes water from the Ka Loko ditch way up valley but also shares a 50-50 use arrangement just above the reservoir implying that MLT may be receiving much more than 50% despite their limited need.
In a power point presentation cut short by the enforcement of the council’s “three minutes” rules, Kallai presented documents showing that prior to the ’87 agreement both the county council in 1979 and the Water Department subsequently, had designs on the water. The council wanted to supply planned “diversified agriculture” in the entire Kilauea area from Kalihiwai to Moloa`a and the Department wanted some for potable water.
As to whether there is sufficient water to serve the Kilauea Farms subdivision- which was the actual subject of the $75,000 study initiated by Councilmembers Jay Furfaro and Darryl Kaneshiro- the answer is “just barely” under the current arrangement and condition of Ka Loko reservoir.
Hood provided a few options for increasing the flow including a limited repair of the breach at the bottom of the reservoir where overflow currently runs down valley into the ocean when the three big pipes that remove the water for irrigation are fully supplied.
Kallai claimed that the overflow is a huge mess that was never investigated by the EPA, and never cleaned up making the damage downstream and to the reef and ocean something that would “make Pila`a look manini.”
Some councilmembers wanted to know if and how the system might serve the entire Kilauea area since it is just barely sufficient in its current state to serve the Kilauea Farms Subdivision. But it was determined that historically there were other components of the entire Kilauea Sugar Company operations irrigation system, including the Kalihiwai reservoir which originally served some lands in that area until sugar production was shut down in the early 70’s.
That area would include the new Kilauea Agricultural Park that the county has recently obtained after a 30 year battle to acquire and set it up. Present plans are to use the potable county water system for the farm rather than a the old gravity driven cane ditch system.
The council discussed briefly whether funding a wider study to get a comprehensive idea of the water resources and needs- and current flows which were not in the report aside from some guesswork on the Ka Loko system- but Heacock recommended contacting the state Department of Land and Natural Resources (DLNR), the federal Department of Agriculture’s National Resources Conservation Service and the US Geologic Service in Honolulu to get them to coordinate and possibly fund the study since it was essentially their kuleana.
Heacock said that there are actually 26 streams that feed Ka Loko system, something Hood intimated when saying that the flow intake at the head end of the Ka Loko system was less than the amount flowing at the end, guessing that there were areas where streams fed the ditch at lower elevation although his staff did not observe them.
And of course that net gain includes the previously mentioned “pipe” at higher elevations that removes water for MLT’s cows
Heacock said there needs to be a full disclosure on “what’s being serviced- what crops are being grown” implying that some farms’ claim to “proprietary information” was not going to get them water if the “public trust” involved in water rights is enforced.
Kallai was denied permission by Economic Development and Housing Committee Chair Dickie Chang to use the testimony time of the roomful of KNA members present and was cut off without being able to finish her whole presentation which included documents not in the county report, many from a 1984 federal study of ag in the Kilauea area and water usage stakeholders at that time that were excluded in the ’87 agreement between KICO and MLT.
But as she was being given the bums rush she did mange to blurt out that the intake was on state conservation land and therefore no activity may take place without the DLNR’s permission and no changes to water flow may be effectuated without the OK of the DLNR’s “Commission of Water Resources” which determine water usage based on the Wai`ahole pubic trust doctrine.
Despite the testimony by Hood regarding Moloa`a Ditch, previous to and in anticipation of Kallai’s testimony Councilperson Darryl Kaneshiro and Council Chair Kaipo Asing attempted to limit her testimony because the specific subject of Moloa`a Ditch wasn’t on the council’s official agenda. But councilperson Jay Furfaro countered that under the state sunshine law the public was permitted to speak “off agenda” at the discretion of Committee Chair Chang.
The 155 page PDF file of the report is available on-line. It was funded through the county’s Office of Economic Development.
Wednesday, May 27, 2009
(PNN) SAFETY OVERFLOW FEATURES TO DIVERT WATER FROM KA LOKO BACK TO MOLOA`A STREAM EXISTED, REMAIN IN DISUSE
SAFETY OVERFLOW FEATURES TO DIVERT WATER FROM KA LOKO BACK TO MOLOA`A STREAM EXISTED, REMAIN IN DISUSE
(PNN) There is apparently a portion of the Moloa`a Ditch system that was seemingly designed to return water from the recently illegally reconstructed Moloa`a Ditch to Moloa`a Stream, according to local architect and engineer Juan Wilson.
A map produced by Wilson and posted as part of a Moloa`a Diversion Forensics
article on his Island Breath web site depicts what he says is the system of ditches that feed into Ka Loko reservoir which gave way in 2006 killing seven people in Waiakalua valley.
The map shows Moloa`a Stream and tributaries in light blue toward the bottom of the frame. Ka Loko Reservoir is at the right in blue and with a potion of Moloa`a ditch running left to right in the center in blue, connecting the point of diversion of the water out of Moloa`a Stream’s Kalawa`a tributary (a potato chip shaped blue patch at the left) with the Ka Loko ditch system at a point just to the left of the reservoir.
Then the water apparently connects to and dumps into Ka Loko Reservoir.
But there is also a blue a section that runs from where all the ditches come together just above (to the left) the reservoir and lead back to the Moloa`a stream watershed.
Wilson says this may be a section of the Moloa`a Ditch system that was apparently designed as a safety feature to take excess water out of the system and return it to Moloa`a Stream and was designed to prevent the Ka Loko Reservoir from taking in more water than it could hold.
The elevation of the point just above the reservoir is more than a hundred feet higher than the point where it connects to Kalawa`a stream so it could only run in that direction according to Wilson.
PNN previously reported, first that a letter to the EPA said the main Moloa`a Ditch may have had its flow reversed 10 years ago but later reported that that, according to other documents, was apparently not the case. Wilson’s depiction may shed light on the discrepancy.
It’s unknown at this time whether the section in question was reconstructed when the diversion, as described above, was established about 10 years ago according to a recent county-funded study on agricultural water in the Moloa`a-to-Kilauea area, all centered around Ka Loko Reservoir.
It is apparently not referred to in any documents in the reports as being currently functional.
Though no proof exists as to who did the 10 year old work diverting Moloa`a Stream water, all evidence points to land owner Jimmy Pflueger who did extensive work in the area prior to the dam break and is scheduled to stand trial for manslaughter and in numerous civil cases this summer in connection with the dam break.
The map was put together by Wilson using Google Earth 3D and his work on cataloguing ahupua`a on Kaua`i as well as information contained in the recently released county-funded Kilauea Irrigation Water Engineering Design and Monitoring Study and state Godby Report on the dam break as depicted and provided by Hope Kallai of Malama Moloa`a.
Kallai says there are signs in the various reports that there are currently non-functional parts of the system designed to take excess water out of the ditches and return it to Moloa`a Stream before it gets to the reservoir. She says she isn’t sure where this specific depiction by Wilson fits in but that apparently there is an “clean out weir” that can dump excess water down a small valley that leads from the area above Ka Loko to either Moloa`a Stream’s Kalawa`a tributary or Moloa`a Stream proper.
The problem has been that exhibits in both reports are at times contradictory and it’s unknown whether, when the documents were prepared- some going back decades- they were based on factual material or speculation at the time.
It isn’t known how may “safety features” may have been built in the past and the one described by Wilson may, Kallai says, be one of as may as three according to the documents.
Kallai says that it seems that she believes that water can be returned to Moloa`a Stream as easily as turning a valves to release the water, citing a time when this apparently happened for a period of days last summer during the time the county study was being conducted when the valve was turned and she and others noted that Moloa`a Stream flowed as it had prior to the diversion 10 years ago.
What is apparent is that currently no water return mechanism is in use.
For further details see the left rail for prior PNN reports on the theft of Moloa`a Water. PNN will continue to follow the story as details emerge.
(PNN) There is apparently a portion of the Moloa`a Ditch system that was seemingly designed to return water from the recently illegally reconstructed Moloa`a Ditch to Moloa`a Stream, according to local architect and engineer Juan Wilson.
A map produced by Wilson and posted as part of a Moloa`a Diversion Forensics
article on his Island Breath web site depicts what he says is the system of ditches that feed into Ka Loko reservoir which gave way in 2006 killing seven people in Waiakalua valley.
The map shows Moloa`a Stream and tributaries in light blue toward the bottom of the frame. Ka Loko Reservoir is at the right in blue and with a potion of Moloa`a ditch running left to right in the center in blue, connecting the point of diversion of the water out of Moloa`a Stream’s Kalawa`a tributary (a potato chip shaped blue patch at the left) with the Ka Loko ditch system at a point just to the left of the reservoir.
Then the water apparently connects to and dumps into Ka Loko Reservoir.
But there is also a blue a section that runs from where all the ditches come together just above (to the left) the reservoir and lead back to the Moloa`a stream watershed.
Wilson says this may be a section of the Moloa`a Ditch system that was apparently designed as a safety feature to take excess water out of the system and return it to Moloa`a Stream and was designed to prevent the Ka Loko Reservoir from taking in more water than it could hold.
The elevation of the point just above the reservoir is more than a hundred feet higher than the point where it connects to Kalawa`a stream so it could only run in that direction according to Wilson.
PNN previously reported, first that a letter to the EPA said the main Moloa`a Ditch may have had its flow reversed 10 years ago but later reported that that, according to other documents, was apparently not the case. Wilson’s depiction may shed light on the discrepancy.
It’s unknown at this time whether the section in question was reconstructed when the diversion, as described above, was established about 10 years ago according to a recent county-funded study on agricultural water in the Moloa`a-to-Kilauea area, all centered around Ka Loko Reservoir.
It is apparently not referred to in any documents in the reports as being currently functional.
Though no proof exists as to who did the 10 year old work diverting Moloa`a Stream water, all evidence points to land owner Jimmy Pflueger who did extensive work in the area prior to the dam break and is scheduled to stand trial for manslaughter and in numerous civil cases this summer in connection with the dam break.
The map was put together by Wilson using Google Earth 3D and his work on cataloguing ahupua`a on Kaua`i as well as information contained in the recently released county-funded Kilauea Irrigation Water Engineering Design and Monitoring Study and state Godby Report on the dam break as depicted and provided by Hope Kallai of Malama Moloa`a.
Kallai says there are signs in the various reports that there are currently non-functional parts of the system designed to take excess water out of the ditches and return it to Moloa`a Stream before it gets to the reservoir. She says she isn’t sure where this specific depiction by Wilson fits in but that apparently there is an “clean out weir” that can dump excess water down a small valley that leads from the area above Ka Loko to either Moloa`a Stream’s Kalawa`a tributary or Moloa`a Stream proper.
The problem has been that exhibits in both reports are at times contradictory and it’s unknown whether, when the documents were prepared- some going back decades- they were based on factual material or speculation at the time.
It isn’t known how may “safety features” may have been built in the past and the one described by Wilson may, Kallai says, be one of as may as three according to the documents.
Kallai says that it seems that she believes that water can be returned to Moloa`a Stream as easily as turning a valves to release the water, citing a time when this apparently happened for a period of days last summer during the time the county study was being conducted when the valve was turned and she and others noted that Moloa`a Stream flowed as it had prior to the diversion 10 years ago.
What is apparent is that currently no water return mechanism is in use.
For further details see the left rail for prior PNN reports on the theft of Moloa`a Water. PNN will continue to follow the story as details emerge.
Friday, May 22, 2009
(PNN) DLNR COMPLAINT SEEKS RESTORATION OF MOLOA`A STREAM AND INVESTIGATION OF ILLEGAL DIVERSION
DLNR COMPLAINT SEEKS RESTORATION OF MOLOA`A STREAM AND INVESTIGATION OF ILLEGAL DIVERSION
(PNN)- Hope Kallai of Malama Moloa`a has filed a detailed complaint with the state Commission on Water Resources Management (CWRM), a division of the Department of Land and Natural Resources (DLNR), providing evidence and documentation and that she hopes will lead to investigation and the restoration of water illegally diverted from Moloa`a Stream.
The complaint and it’s 77 endnoted exhibits detail the history of the Moloa`a Ditch from the sugar cane era through the illegal diversion that occurred apparently about 10 years ago and which increased the amount of water supplied to Ka Loko Reservoir and other lands owned by Jimmy Pflueger and the Mary Lucas Estate causing Moloa`a stream slow to a virtual trickle.
After reviewing the voluminous files contained in the state ordered Godby Report and it’s extensive document appendix (compiled after the 2006 Ka Loko dam break that killed seven people), a recent county funded report on the Kilauea area irrigation systems and other documents, the complaint details the apparent theft of Moloa`a water that has caused wells to run dry and farmers to cease operations in the valley since the illegal diversion was completed.
The complaint clears up the history of the Moloa`a Ditch saying
There were previously 2 historic Moloa`a ditches. In the late 1890’s, the original Moloa`a Ditch carried a minimal amount of water from a high contour ditch to Waipake. The second historic Moloa`a ditch followed easement “W-11” and was used from the 1920’s to about 1965-1968 to carry high rain runoff to Ka Loko ditch near the Parshall Flume, mainly during the winter months. According to Jack Gushiken, this ditch was not used during the summer during sugar plantation days because Pu`u Ka Ele ditch had plenty water. In the late 1960’s insignificant water flow led to no maintenance which lessened flow to non-existent. The Moloa`a ditch was non-functional before the demise of Kilauea Sugar in 1972. It was non-functional for about 20 years at the date of declaration need by the State Water Code in 1988. It had not ever been declared because it was not in use until about 2000.
Apparently, according to Kallai’s research, the theory presented in a pre-dam break letter to the EPA- as PNN reported last week- saying that Moloa`a Ditch originally may have acted as an overflow spillway for the Ka Loko ditch system and ran “in reverse” in order to return excess water to Moloa`a Stream, was incorrect.
Though there is no concrete proof, the illegal diversion is thought to be the work of Pflueger who has been found guilty of various land moving violations in the area including one that resulted in the largest fine for reef destruction in federal Environmental Protection Agency history.
As PNN has reported, according to multiple friends of Pflueger, he had planned a water-sports-based resort in the area and apparently needed more water than the Ka Loko Ditch could provide in order to fill artificial lakes he constructed as well as fill existing area reservoirs like Ka Loko for water and jet-skiing.
According to two area residents who examined the pipes and watched them being installed, the water system crosses the highway through culverts at Pila`a and supplied a series of Pflueger constructed “lakes” makai of the highway which were just recently removed as part of the remediation ordered by the EPA.
Pflueger is set to stand trial for manslaughter this summer as well as defend multiple civil suits for damages related to the Ka Loko dam break and other incidents in the area
The CWRM complaint describes the current reconstructed ditch based on the studies and documents saying
The unpermitted diversion of Kalua`a/Moloa`a stream begins at a new dam (”Pre-2001” according to the Kilauea Irrigation Report April 2009), constructed on state land in the Moloa`a Forest Reserve, continuing 2,750 feet towards Ka Loko through a system of ditches, flumes and tunnels to Mary Lucas Trust lands, where a diversion structure directs water underground through pipes either into Ka Loko reservoir or to the Mary Lucas Trust lands and the Kilauea Irrigation Company (KICO) system distribution lines for sale. These pipes are carried underground through other lands belonging to the State of Hawaii , (TMK (4) 5-1-2:3), according to the above report, and export millions of gallons of water per day out of the watershed of Moloa`a, without engineering, metering or monitoring for about a decade.
The complaint then details the deleterious effects on Moloa`a resident saying
The unpermitted exportation Kalua`a/Moloa`a stream has caused a perennial stream to go dry for 2 summers (2007 & 2008) and had serious negative impacts to the aquatic ecosystem of Moloa`a, seriously diminishing nesting habitat for 3 endangered water bird species and an assemblage of endangered stream and pali plants. Water quality is diminished in the remnant pools. Impacts to the ecosystem must be considered before the massive exportation of water resources.
Since this un-engineered, un-maintained diversion was installed, Moloa`a has experienced many dirty water events – both brown water and grey water reported. Moloa`a stream has experienced un-explained extreme flood events that have damaged stream property and county infrastructure. The ground water aquifer has diminished due to lack of recharge from the stream aquifer. Water well pumps have had to be lowered due to diminished aquifer and most people self-ration. Neighbors with declared Stream Uses are not able to use their water rights. There is no county water distribution system for potable or agricultural water throughout Moloa`a; most farms are dependent upon well water. Now we are having a hard time planting because we cannot depend upon having water.
Many stream front lands are going unworked now because owners do not feel safe due to unknown factors/persons manipulating and controlling the waters.
The complaint was filed with the CWRM which establishes Instream Flow Standards and issues Water Use Permits, Stream Channel Alteration permits and Stream Diversion Permits.
Kallai told PNN there are at least three things she hopes the commission will do.
1 See that Moloa`a water returned and natural stream flow restored.
2 Investigate and prosecute whoever is responsible for stealing our water and selling it
3 With the fines, fund a stream research center and watershed restoration effort and funding for environmental enforcement and enough researchers to perform statewide assessments of our water resources and where they're going
For more background on the Ka Loko ditch and reservoir system and work done on Moloa`a ditch resulting in a lack of water in Moloa`a, refer to the four previous PNN reports.
For the record, below is the full complaint, including endnotes
---------
DLNR - CWRM Complaint Resolution Form Kalua`a Moloa`a Stream DiversionDate: Thu, 21 May 2009 15:22:55 -1000Complaint/Resolution Information1. Hope KallaiPOB 655Kilauea HI 96754Location: Moloaa Forest Reserve and Mary Lucas Trust lands Headwaters of Kalua`a/Moloa`a streamsMoloa`a Forest Reserve and Mary Lucas Trust lands listed as Land and Landowner State Lands are TMK (4) 5-1-2:3 and 5-1-1:? MLT lands are 5-1-2:5 and 5-1-2:1Parties Responsible1. Unknown person(s) who constructed unpermitted stream diversion from Kalua`a/Moloa`a2. All parties aiding and abetting the exportation and distribution of unpermitted Kalua`a/Moloa`a water3. a. Kilauea Irrigation Company b. Hitch Co. c. all past water managers of that PUC regulated company during construction and operation of Kalua`a/Moloa`a ditch
4. The unpermitted diversion of Kalua`a/Moloa`a stream begins at a new dam (~”Pre-2001” according to the Kilauea Irrigation Report April 2009), constructed on state land in the Moloa`a Forest Reserve, continuing 2,750 feet towards Ka Loko through a system of ditches, flumes and tunnels to Mary Lucas Trust lands, where a diversion structure directs water underground through pipes either into Ka Loko reservoir or to the Mary Lucas Trust lands and the Kilauea Irrigation Company (KICO) system distribution lines for sale. These pipes are carried underground through other lands belonging to the State of Hawaii , (TMK (4) 5-1-2:3), according to the above report, and export millions of gallons of water per day out of the watershed of Moloa`a, without engineering, metering or monitoring for about a decade. According to the areas identified on the maps as “Overflow Erosion Channels”, this system shows evidence of breaching both into Ka Loko reservoir and back into the Moloa`a system, which could be responsible for Moloa`a stream’s dirty water events.
Please see Inclusions: 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 23, 24
5. The unpermitted exportation Kalua`a/Moloa`a stream has caused a perennial stream to go dry for 2 summers (2007 & 2008) and had serious negative impacts to the aquatic ecosystem of Moloa`a, seriously diminishing nesting habitat for 3 endangered water bird species and an assemblage of endangered stream and pali plants. Water quality is diminished in the remnant pools. Impacts to the ecosystem must be considered before the massive exportation of water resources.
Please see Inclusions: 68, 69, 77
Since this unengineered, un-maintained diversion was installed, Moloa`a has experienced many dirty water events – both brown water and grey water reported. Moloa`a stream has experienced un-explained extreme flood events that have damaged stream property and county infrastructure. The ground water aquifer has diminished due to lack of recharge from the stream aquifer. Water well pumps have had to be lowered due to diminished aquifer and most people self-ration. Neighbors with declared Stream Uses are not able to use their water rights. There is no county water distribution system for potable or agricultural water throughout Moloa`a; most farms are dependent upon well water. Now we are having a hard time planting because we cannot depend upon having water.
Many stream front lands are going unworked now because owners do not feel safe due to unknown factors/persons manipulating and controlling the waters.
6.In the late 1990’s – early 2000 or 2001, Moloa`a Steam started behaving totally different. High precipitation events would not raise the stream level; sometimes the stream would rise without rain! The sand berm at the mouth of the river didn’t clear for 3 years making anoxic conditions and prohibiting the migration of o`opu. Moloa`a had many dirty water events reported to DOH-CWB.
Please see Inclusions: 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 45, 46, 51
7. The Kalua`a/Moloa`a diversion is unpermitted and undeclared. There were previously 2 historic Moloa`a ditches. In the late 1890’s, the original Moloa`a Ditch carried a minimal amount of water from a high contour ditch to Waipake. The second historic Moloa`a ditch followed easement “W-11” and was used from the 1920’s to about 1965-1968 to carry high rain runoff to Ka Loko ditch near the Parshall Flume, mainly during the winter months. According to Jack Gushiken, this ditch was not used during the summer during sugar plantation days because Pu`u Ka Ele ditch had plenty water. In the late 1960’s insignificant water flow led to no maintenance which lessened flow to non-existent. The Moloa`a ditch was non-functional before the demise of Kilauea Sugar in 1972. It was non-functional for about 20 years at the date of declaration need by the State Water Code in 1988. It had not ever been declared because it was not in use until about 2000.
This Kalua`a/Moloa`a dam, ditch, flume, tunnel and underground pipe system is a new design and installation (“Pre-2001”) and has been installed and operated FOR PROFIT without monitoring, engineering, permits, source water considerations, or any regard to laws or safety.
Until the recent release of the Kilauea Irrigation Report we had no ability to prove the obvious causes to our diminished stream flow. We have been told repeatedly that there is no connection between Moloa`a stream and Ka Loko reservoir. There is no connection visible on the surface. The waters are hidden underground, in pipes, and have been installed on state land to transport water without the state’s permitting process. There is a well documented history of environmental abuse and water mis-management in the Ka Loko area. Difficult access and legal posturing have made an exclusive, uncontrolled and discriminatory use of the state’s water, as District Forester Robert Daehler worried in1988 “Unless an equitable distribution system and volume allotment system is specified in the agreement the “Public Utility” could become dictatorial enjoying a monopolistic hold on the State’s public water resource.”
And continued
Will the granting of a public utility permit such as being considered serve to provide equal opportunity of water for agricultural pursuits on all lands previously serviced by the Ka Loko system? If not, the question of the advisability of locking up a public resource for 30 years should certainly be asked.
Please see Inclusions: 2, 3, 4, 5, 6, 23, 24, 50
The water from the Ka Loko system previously irrigated over 6,000 acres of the Kilauea Sugar Plantation holdings from Moloa`a to Kalihiwai. The original KICO PUC permit considers re-watering important ag lands from Moloa`a to Kalihiwai. Moloa`a, Lepe`uli, Ka`aka`aniu, and Waipake have been important and productive lands and are still zoned for agriculture. In 1984, an extensive study was performed, the Kilauea Agricultural Water Management Study, considering 10 different alternatives for the Ka Loko water.
Please see Inclusions: 65, 66, 67, 68
Now KICO only services about 20 customers, making the waters of Ka Loko geographically exclusive. KICO is a nebulous company at best and has been operating without insurance since December 2006. KICO management practices have enabled disaster. Regardless of whoever covered up the spillway, KICO daily operations continued without any ability to safely release overspill. KICO manages the unpermitted diversion and aids in the export and sale of unpermitted water.
Please see Inclusions: 4, 5, 6, 7, 61, 62, 64, 65, 66, 67, 68
Management of a dam must include operations of the safety features: a spillway and the ability to divert water from the impoundment for emergencies and maintenance. The increased elevation of the dam face and the removal of the spillway enabled storage of more water. The unpermitted diversion from Kalua`a/Moloa`a stream brought millions of gallons of additional water into Ka Loko reservoir. If the new Kalua`a/Moloa`a ditch system only carries ¼ of the flow of the Ka Loko flow (a very conservative underestimate), see historic charts, and the inflow from Ka Loko ditch was estimated at 205 cfs during the 4 days pre-breach, then at least 50 cfs were being added into Ka Loko from the Kalua`a/Moloa`a ditch. The added inflow from the new Kalua`a/Moloa`a ditch system could have added over 200 million gallons of previously un-accounted for water into the water body of Ka Loko reservoir in only a few days.
As explained in KIR, the unpermitted Kalua`a/Moloa`a ditch water can be diverted to KICO and Mary Lucas Trust lands. What was the flow operation of the Kalua`a/Moloa`a ditch water during the high precipitation event of Feb-March 2006? Historically, Kaluamakua stream was used to divert Ka Loko ditch water from entering Ka Loko reservoir. KICO has failed to maintain this flume system resulting in an inability to redirect high flows.
Please see Inclusions: 47, 48, 49
:
9. We, and many others, have made ongoing attempts to stop this massive export of Public Trust water to protect the environment and public for the past decade. Lack of access, lack of appropriate corrective response from agencies and letters from attorneys speculating on plumbing has thwarted investigation for almost a decade. Now 8 people are dead and most parties involved are involved in lawsuits. Except the farmers in Moloa`a. We just don’t have water to farm or live.
Please see Inclusions: 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 52, 53, 54, 55.
10. The only successful and fair remedy is to immediately return the waters of Kalua`a/Moloa`a ditch to the stream systems of Kalua`a/Moloa`a to restore the natural streamflow. For the purposes of the KIR study, Kalua`a/Moloa`a ditch waters were returned on August 27-29, 2008 by turning a valve on the Mary Lucas Trust land “diversion structure”. The turn of one valve returns the water to Kalua`a/Moloa`a. This ditch system, operating on state land, without permits, engineering, insurance or permission must be REMOVED.
Please see Inclusion: 47, 48, 49, 50, 51
A thorough investigation of the construction of this ½ mile ditch system must begin immediately and prosecution of the builder to the fullest extent of the law must follow.
Fines must be imposed for the theft of Public Trust waters with the resulting funds being used to expand Hawaii stream research, establishment of Instream Flow Standards for all streams in Hawaii and to support the re-establishment of ditch waters, where appropriate.
There needs to be a thorough investigation of the PUC regulated operations of KICO and their business conditions. How long is the state willing to let them operate without insurance? Another 3 years? An investigation must include why the former ag lands of Kilauea Sugar have been removed from irrigation water consideration by KICO.
There have been many attempts to stop this illegal diversion for the past decade. There has been a total breach of the environmental protection and enforcement system, not just a breach of Ka Loko dam. A thorough investigation must include all agencies involved and why the system has failed and prevent this atrocity from ever happening again.
An unsafe, unpermitted theft of Public Trust waters has been allowed to continue for a decade. It must stop today. Please turn the valve on Mary Lucas Trust lands re-diverting the stolen Kalua`a/Moloa`a waters back to the streams of origin.
I request that the Commission on Water Resource Management assist in resolving the matter described herein.
________________________________ _________________________
Signature Date
Kalua`a/Moloa`a Stream Diversion
Complaint Resolution Request
Inclusions: Most found in http://www.kalokodam.net/report/Report.pdf &
http://www.srgii.com/projects/KilaueaIrrigationReport_April09.pdf.
1
Complaint Resolution Form
2
Streams & Ditches of Kilauea
3
Figure 20 Aerial photo Ka Loko
4
Figure 5-2 Moloa`a Ditch
5
Figure 2-3 Ka Loko Reservoir Infrastructure
6
Figure 5-5 KICO Pipeline System
7
Figure 9-1 Alternative Concept Solution Design 2
8
Exhibit A Eastment W-11
9
Figures 21 & 22
10
Figures 23 & 24
11
Figures 25 & 26
12
Figures 27 & 28
13
1998 Malama Moloa`a & List
14
Nov. 2001 CWRM letter
15
Nov. 2001 CWRM attached map
16
Nov. 2001 CWRM attached photo
17
Nov. 2001 CWRM attached photo
18
Nov. 2001 CWRM attached photo
19
Feb. 2002 CWRM letter DLNR 1285
20
Feb. 2002 CWRM attachments (same as Nov. 2001)
21
March 15 2002 Memo DLNR 1286
22
Sept. 2 2002 CWRM letter
23
Kilauea Irrigation Report April 2009 Pages 11-14
24
Kilauea Irrigation Report April 2009 Pages 37-39
25
March 25 1955 BLNR letter DLNR 532
Kalua`a/Moloa`a Stream Diversion
Complaint Resolution Request
26
March 20 1073 Dyer letter to DLNR-Land DLNR 803
27
Sept 14 1979 DLNR-DFW - Land DLNR 674-675
29
Sept 27 1979 County of Kauai Planning DLNR 655
29
October 24 1979 BLNR DLNR 658 662
30
Nov 28 1979 DoA-BLNR letter DLNR 657
31
Dec 19 1980 Hawaiiana to DLNR letter DLNR 641
32
Nov 17 1988 District Forester - DVM Land letter DLNR 75-76
33
Sept 21 1988 DWLD-Land letter DLNR 83
34
Godbey Report Pages 29-52
35
Dec 2006 DLNR land & AG to McCorriston letter Exhibit D
36
Sept 28 2007 Termination letter D-5
37
Sept 28 2007 Press Release
38
BLNR Minutes Sept 28 2007
39
KICO Meeting Oct 29 2007
40
Moloa`a Flood Feb 2006 picture
41
Moloa`a Flood Feb 2006 picture
42
Moloa`a Flood Feb 2006 picture
43
Ka Loko Reservoir bathymetry
44
Ka Loko Reservoir 1980-2006
45
Godbey Report Pages 58-69
46
Godbey Report Pages 72-78
47
Figure 5-1 Ka Lo Ditch & Kaluamakua
48
March 29 2006 Tom Hitch letter TH002 Exhibit 1
49
Kilauea Irrigation operations page (Brewer) B00678
50
Kilauea Irrigation Report Inflow & Outflow Control
Kalua`a/Moloa`a Stream Diversion
Complaint Resolution Request
51
Godbey Report Pages 12-14
52
October 2001 Garner Complaint Resolution Form DLNR 1287-1293
53
Feb 1 2002 Request to Enter DLNR 1294-1300
54
Feb 15 2002 DLNR to to Garner DLNR 1301-1302
55
Undated Letter to Catherine Kuhlman EPA EPA 000001-000006
56
June 1988 Heacock-CWRM letter - Waiakalua DLNR 1278-1283
57
October 28 2005 Complaint Resolution Form-Perius DLNR 1327-1328
58
March 14 2006 Phone memo from Mike Perius DLNR 1324
59
Sept 1992 CWRM Stream Use Declarations
60
2005 State Water Project Plan Inventory of Stream Diversions
61
March 2001 - Aug 2001 PUC memos PUC 001109 -001144
62
April 2001 PUC staff report PUC 001186
63
May 19 2003 Pu`u Ka Ele Dec of Water Use & Stream Diversion DLNR 1325-1326
64
FY 2005-2006 State of Hawaii Annual Report Pages 24 & 25 (excerpted)
65
1984 KAWMPS Preface
66
1984 KAWMPS Map and Kilauea Sugar plantation irrigation sphere of influence
67
1924 Moloa`a Picture showing extent of plantation agriculture
68
Table 4. Annual Average Rainfall Kilauea Irrigation System Watershed DLNR 1752
69
1996 Bioeconomics of Stream Management in Hawaii M. Kido
70
East Kauai Water User's Co-Op
71
May 3 2009 Malama Moloa`a CRWM IFS Request
72
May 3 2009 Malama Moloa`a EPA letter
73
May 8 2009 Malama Moloa`a BLNR letter
74
May 4 2009 Malama Moloa`a DLNR-Land letter
75
Malama Moloa`a AG correspondence
76
Moloa`a Stream Gone Dry article
77
Moloa`a bridge article
(PNN)- Hope Kallai of Malama Moloa`a has filed a detailed complaint with the state Commission on Water Resources Management (CWRM), a division of the Department of Land and Natural Resources (DLNR), providing evidence and documentation and that she hopes will lead to investigation and the restoration of water illegally diverted from Moloa`a Stream.
The complaint and it’s 77 endnoted exhibits detail the history of the Moloa`a Ditch from the sugar cane era through the illegal diversion that occurred apparently about 10 years ago and which increased the amount of water supplied to Ka Loko Reservoir and other lands owned by Jimmy Pflueger and the Mary Lucas Estate causing Moloa`a stream slow to a virtual trickle.
After reviewing the voluminous files contained in the state ordered Godby Report and it’s extensive document appendix (compiled after the 2006 Ka Loko dam break that killed seven people), a recent county funded report on the Kilauea area irrigation systems and other documents, the complaint details the apparent theft of Moloa`a water that has caused wells to run dry and farmers to cease operations in the valley since the illegal diversion was completed.
The complaint clears up the history of the Moloa`a Ditch saying
There were previously 2 historic Moloa`a ditches. In the late 1890’s, the original Moloa`a Ditch carried a minimal amount of water from a high contour ditch to Waipake. The second historic Moloa`a ditch followed easement “W-11” and was used from the 1920’s to about 1965-1968 to carry high rain runoff to Ka Loko ditch near the Parshall Flume, mainly during the winter months. According to Jack Gushiken, this ditch was not used during the summer during sugar plantation days because Pu`u Ka Ele ditch had plenty water. In the late 1960’s insignificant water flow led to no maintenance which lessened flow to non-existent. The Moloa`a ditch was non-functional before the demise of Kilauea Sugar in 1972. It was non-functional for about 20 years at the date of declaration need by the State Water Code in 1988. It had not ever been declared because it was not in use until about 2000.
Apparently, according to Kallai’s research, the theory presented in a pre-dam break letter to the EPA- as PNN reported last week- saying that Moloa`a Ditch originally may have acted as an overflow spillway for the Ka Loko ditch system and ran “in reverse” in order to return excess water to Moloa`a Stream, was incorrect.
Though there is no concrete proof, the illegal diversion is thought to be the work of Pflueger who has been found guilty of various land moving violations in the area including one that resulted in the largest fine for reef destruction in federal Environmental Protection Agency history.
As PNN has reported, according to multiple friends of Pflueger, he had planned a water-sports-based resort in the area and apparently needed more water than the Ka Loko Ditch could provide in order to fill artificial lakes he constructed as well as fill existing area reservoirs like Ka Loko for water and jet-skiing.
According to two area residents who examined the pipes and watched them being installed, the water system crosses the highway through culverts at Pila`a and supplied a series of Pflueger constructed “lakes” makai of the highway which were just recently removed as part of the remediation ordered by the EPA.
Pflueger is set to stand trial for manslaughter this summer as well as defend multiple civil suits for damages related to the Ka Loko dam break and other incidents in the area
The CWRM complaint describes the current reconstructed ditch based on the studies and documents saying
The unpermitted diversion of Kalua`a/Moloa`a stream begins at a new dam (”Pre-2001” according to the Kilauea Irrigation Report April 2009), constructed on state land in the Moloa`a Forest Reserve, continuing 2,750 feet towards Ka Loko through a system of ditches, flumes and tunnels to Mary Lucas Trust lands, where a diversion structure directs water underground through pipes either into Ka Loko reservoir or to the Mary Lucas Trust lands and the Kilauea Irrigation Company (KICO) system distribution lines for sale. These pipes are carried underground through other lands belonging to the State of Hawaii , (TMK (4) 5-1-2:3), according to the above report, and export millions of gallons of water per day out of the watershed of Moloa`a, without engineering, metering or monitoring for about a decade.
The complaint then details the deleterious effects on Moloa`a resident saying
The unpermitted exportation Kalua`a/Moloa`a stream has caused a perennial stream to go dry for 2 summers (2007 & 2008) and had serious negative impacts to the aquatic ecosystem of Moloa`a, seriously diminishing nesting habitat for 3 endangered water bird species and an assemblage of endangered stream and pali plants. Water quality is diminished in the remnant pools. Impacts to the ecosystem must be considered before the massive exportation of water resources.
Since this un-engineered, un-maintained diversion was installed, Moloa`a has experienced many dirty water events – both brown water and grey water reported. Moloa`a stream has experienced un-explained extreme flood events that have damaged stream property and county infrastructure. The ground water aquifer has diminished due to lack of recharge from the stream aquifer. Water well pumps have had to be lowered due to diminished aquifer and most people self-ration. Neighbors with declared Stream Uses are not able to use their water rights. There is no county water distribution system for potable or agricultural water throughout Moloa`a; most farms are dependent upon well water. Now we are having a hard time planting because we cannot depend upon having water.
Many stream front lands are going unworked now because owners do not feel safe due to unknown factors/persons manipulating and controlling the waters.
The complaint was filed with the CWRM which establishes Instream Flow Standards and issues Water Use Permits, Stream Channel Alteration permits and Stream Diversion Permits.
Kallai told PNN there are at least three things she hopes the commission will do.
1 See that Moloa`a water returned and natural stream flow restored.
2 Investigate and prosecute whoever is responsible for stealing our water and selling it
3 With the fines, fund a stream research center and watershed restoration effort and funding for environmental enforcement and enough researchers to perform statewide assessments of our water resources and where they're going
For more background on the Ka Loko ditch and reservoir system and work done on Moloa`a ditch resulting in a lack of water in Moloa`a, refer to the four previous PNN reports.
For the record, below is the full complaint, including endnotes
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DLNR - CWRM Complaint Resolution Form Kalua`a Moloa`a Stream DiversionDate: Thu, 21 May 2009 15:22:55 -1000Complaint/Resolution Information1. Hope KallaiPOB 655Kilauea HI 96754Location: Moloaa Forest Reserve and Mary Lucas Trust lands Headwaters of Kalua`a/Moloa`a streamsMoloa`a Forest Reserve and Mary Lucas Trust lands listed as Land and Landowner State Lands are TMK (4) 5-1-2:3 and 5-1-1:? MLT lands are 5-1-2:5 and 5-1-2:1Parties Responsible1. Unknown person(s) who constructed unpermitted stream diversion from Kalua`a/Moloa`a2. All parties aiding and abetting the exportation and distribution of unpermitted Kalua`a/Moloa`a water3. a. Kilauea Irrigation Company b. Hitch Co. c. all past water managers of that PUC regulated company during construction and operation of Kalua`a/Moloa`a ditch
4. The unpermitted diversion of Kalua`a/Moloa`a stream begins at a new dam (~”Pre-2001” according to the Kilauea Irrigation Report April 2009), constructed on state land in the Moloa`a Forest Reserve, continuing 2,750 feet towards Ka Loko through a system of ditches, flumes and tunnels to Mary Lucas Trust lands, where a diversion structure directs water underground through pipes either into Ka Loko reservoir or to the Mary Lucas Trust lands and the Kilauea Irrigation Company (KICO) system distribution lines for sale. These pipes are carried underground through other lands belonging to the State of Hawaii , (TMK (4) 5-1-2:3), according to the above report, and export millions of gallons of water per day out of the watershed of Moloa`a, without engineering, metering or monitoring for about a decade. According to the areas identified on the maps as “Overflow Erosion Channels”, this system shows evidence of breaching both into Ka Loko reservoir and back into the Moloa`a system, which could be responsible for Moloa`a stream’s dirty water events.
Please see Inclusions: 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 23, 24
5. The unpermitted exportation Kalua`a/Moloa`a stream has caused a perennial stream to go dry for 2 summers (2007 & 2008) and had serious negative impacts to the aquatic ecosystem of Moloa`a, seriously diminishing nesting habitat for 3 endangered water bird species and an assemblage of endangered stream and pali plants. Water quality is diminished in the remnant pools. Impacts to the ecosystem must be considered before the massive exportation of water resources.
Please see Inclusions: 68, 69, 77
Since this unengineered, un-maintained diversion was installed, Moloa`a has experienced many dirty water events – both brown water and grey water reported. Moloa`a stream has experienced un-explained extreme flood events that have damaged stream property and county infrastructure. The ground water aquifer has diminished due to lack of recharge from the stream aquifer. Water well pumps have had to be lowered due to diminished aquifer and most people self-ration. Neighbors with declared Stream Uses are not able to use their water rights. There is no county water distribution system for potable or agricultural water throughout Moloa`a; most farms are dependent upon well water. Now we are having a hard time planting because we cannot depend upon having water.
Many stream front lands are going unworked now because owners do not feel safe due to unknown factors/persons manipulating and controlling the waters.
6.In the late 1990’s – early 2000 or 2001, Moloa`a Steam started behaving totally different. High precipitation events would not raise the stream level; sometimes the stream would rise without rain! The sand berm at the mouth of the river didn’t clear for 3 years making anoxic conditions and prohibiting the migration of o`opu. Moloa`a had many dirty water events reported to DOH-CWB.
Please see Inclusions: 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 45, 46, 51
7. The Kalua`a/Moloa`a diversion is unpermitted and undeclared. There were previously 2 historic Moloa`a ditches. In the late 1890’s, the original Moloa`a Ditch carried a minimal amount of water from a high contour ditch to Waipake. The second historic Moloa`a ditch followed easement “W-11” and was used from the 1920’s to about 1965-1968 to carry high rain runoff to Ka Loko ditch near the Parshall Flume, mainly during the winter months. According to Jack Gushiken, this ditch was not used during the summer during sugar plantation days because Pu`u Ka Ele ditch had plenty water. In the late 1960’s insignificant water flow led to no maintenance which lessened flow to non-existent. The Moloa`a ditch was non-functional before the demise of Kilauea Sugar in 1972. It was non-functional for about 20 years at the date of declaration need by the State Water Code in 1988. It had not ever been declared because it was not in use until about 2000.
This Kalua`a/Moloa`a dam, ditch, flume, tunnel and underground pipe system is a new design and installation (“Pre-2001”) and has been installed and operated FOR PROFIT without monitoring, engineering, permits, source water considerations, or any regard to laws or safety.
Until the recent release of the Kilauea Irrigation Report we had no ability to prove the obvious causes to our diminished stream flow. We have been told repeatedly that there is no connection between Moloa`a stream and Ka Loko reservoir. There is no connection visible on the surface. The waters are hidden underground, in pipes, and have been installed on state land to transport water without the state’s permitting process. There is a well documented history of environmental abuse and water mis-management in the Ka Loko area. Difficult access and legal posturing have made an exclusive, uncontrolled and discriminatory use of the state’s water, as District Forester Robert Daehler worried in1988 “Unless an equitable distribution system and volume allotment system is specified in the agreement the “Public Utility” could become dictatorial enjoying a monopolistic hold on the State’s public water resource.”
And continued
Will the granting of a public utility permit such as being considered serve to provide equal opportunity of water for agricultural pursuits on all lands previously serviced by the Ka Loko system? If not, the question of the advisability of locking up a public resource for 30 years should certainly be asked.
Please see Inclusions: 2, 3, 4, 5, 6, 23, 24, 50
The water from the Ka Loko system previously irrigated over 6,000 acres of the Kilauea Sugar Plantation holdings from Moloa`a to Kalihiwai. The original KICO PUC permit considers re-watering important ag lands from Moloa`a to Kalihiwai. Moloa`a, Lepe`uli, Ka`aka`aniu, and Waipake have been important and productive lands and are still zoned for agriculture. In 1984, an extensive study was performed, the Kilauea Agricultural Water Management Study, considering 10 different alternatives for the Ka Loko water.
Please see Inclusions: 65, 66, 67, 68
Now KICO only services about 20 customers, making the waters of Ka Loko geographically exclusive. KICO is a nebulous company at best and has been operating without insurance since December 2006. KICO management practices have enabled disaster. Regardless of whoever covered up the spillway, KICO daily operations continued without any ability to safely release overspill. KICO manages the unpermitted diversion and aids in the export and sale of unpermitted water.
Please see Inclusions: 4, 5, 6, 7, 61, 62, 64, 65, 66, 67, 68
Management of a dam must include operations of the safety features: a spillway and the ability to divert water from the impoundment for emergencies and maintenance. The increased elevation of the dam face and the removal of the spillway enabled storage of more water. The unpermitted diversion from Kalua`a/Moloa`a stream brought millions of gallons of additional water into Ka Loko reservoir. If the new Kalua`a/Moloa`a ditch system only carries ¼ of the flow of the Ka Loko flow (a very conservative underestimate), see historic charts, and the inflow from Ka Loko ditch was estimated at 205 cfs during the 4 days pre-breach, then at least 50 cfs were being added into Ka Loko from the Kalua`a/Moloa`a ditch. The added inflow from the new Kalua`a/Moloa`a ditch system could have added over 200 million gallons of previously un-accounted for water into the water body of Ka Loko reservoir in only a few days.
As explained in KIR, the unpermitted Kalua`a/Moloa`a ditch water can be diverted to KICO and Mary Lucas Trust lands. What was the flow operation of the Kalua`a/Moloa`a ditch water during the high precipitation event of Feb-March 2006? Historically, Kaluamakua stream was used to divert Ka Loko ditch water from entering Ka Loko reservoir. KICO has failed to maintain this flume system resulting in an inability to redirect high flows.
Please see Inclusions: 47, 48, 49
:
9. We, and many others, have made ongoing attempts to stop this massive export of Public Trust water to protect the environment and public for the past decade. Lack of access, lack of appropriate corrective response from agencies and letters from attorneys speculating on plumbing has thwarted investigation for almost a decade. Now 8 people are dead and most parties involved are involved in lawsuits. Except the farmers in Moloa`a. We just don’t have water to farm or live.
Please see Inclusions: 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 52, 53, 54, 55.
10. The only successful and fair remedy is to immediately return the waters of Kalua`a/Moloa`a ditch to the stream systems of Kalua`a/Moloa`a to restore the natural streamflow. For the purposes of the KIR study, Kalua`a/Moloa`a ditch waters were returned on August 27-29, 2008 by turning a valve on the Mary Lucas Trust land “diversion structure”. The turn of one valve returns the water to Kalua`a/Moloa`a. This ditch system, operating on state land, without permits, engineering, insurance or permission must be REMOVED.
Please see Inclusion: 47, 48, 49, 50, 51
A thorough investigation of the construction of this ½ mile ditch system must begin immediately and prosecution of the builder to the fullest extent of the law must follow.
Fines must be imposed for the theft of Public Trust waters with the resulting funds being used to expand Hawaii stream research, establishment of Instream Flow Standards for all streams in Hawaii and to support the re-establishment of ditch waters, where appropriate.
There needs to be a thorough investigation of the PUC regulated operations of KICO and their business conditions. How long is the state willing to let them operate without insurance? Another 3 years? An investigation must include why the former ag lands of Kilauea Sugar have been removed from irrigation water consideration by KICO.
There have been many attempts to stop this illegal diversion for the past decade. There has been a total breach of the environmental protection and enforcement system, not just a breach of Ka Loko dam. A thorough investigation must include all agencies involved and why the system has failed and prevent this atrocity from ever happening again.
An unsafe, unpermitted theft of Public Trust waters has been allowed to continue for a decade. It must stop today. Please turn the valve on Mary Lucas Trust lands re-diverting the stolen Kalua`a/Moloa`a waters back to the streams of origin.
I request that the Commission on Water Resource Management assist in resolving the matter described herein.
________________________________ _________________________
Signature Date
Kalua`a/Moloa`a Stream Diversion
Complaint Resolution Request
Inclusions: Most found in http://www.kalokodam.net/report/Report.pdf &
http://www.srgii.com/projects/KilaueaIrrigationReport_April09.pdf.
1
Complaint Resolution Form
2
Streams & Ditches of Kilauea
3
Figure 20 Aerial photo Ka Loko
4
Figure 5-2 Moloa`a Ditch
5
Figure 2-3 Ka Loko Reservoir Infrastructure
6
Figure 5-5 KICO Pipeline System
7
Figure 9-1 Alternative Concept Solution Design 2
8
Exhibit A Eastment W-11
9
Figures 21 & 22
10
Figures 23 & 24
11
Figures 25 & 26
12
Figures 27 & 28
13
1998 Malama Moloa`a & List
14
Nov. 2001 CWRM letter
15
Nov. 2001 CWRM attached map
16
Nov. 2001 CWRM attached photo
17
Nov. 2001 CWRM attached photo
18
Nov. 2001 CWRM attached photo
19
Feb. 2002 CWRM letter DLNR 1285
20
Feb. 2002 CWRM attachments (same as Nov. 2001)
21
March 15 2002 Memo DLNR 1286
22
Sept. 2 2002 CWRM letter
23
Kilauea Irrigation Report April 2009 Pages 11-14
24
Kilauea Irrigation Report April 2009 Pages 37-39
25
March 25 1955 BLNR letter DLNR 532
Kalua`a/Moloa`a Stream Diversion
Complaint Resolution Request
26
March 20 1073 Dyer letter to DLNR-Land DLNR 803
27
Sept 14 1979 DLNR-DFW - Land DLNR 674-675
29
Sept 27 1979 County of Kauai Planning DLNR 655
29
October 24 1979 BLNR DLNR 658 662
30
Nov 28 1979 DoA-BLNR letter DLNR 657
31
Dec 19 1980 Hawaiiana to DLNR letter DLNR 641
32
Nov 17 1988 District Forester - DVM Land letter DLNR 75-76
33
Sept 21 1988 DWLD-Land letter DLNR 83
34
Godbey Report Pages 29-52
35
Dec 2006 DLNR land & AG to McCorriston letter Exhibit D
36
Sept 28 2007 Termination letter D-5
37
Sept 28 2007 Press Release
38
BLNR Minutes Sept 28 2007
39
KICO Meeting Oct 29 2007
40
Moloa`a Flood Feb 2006 picture
41
Moloa`a Flood Feb 2006 picture
42
Moloa`a Flood Feb 2006 picture
43
Ka Loko Reservoir bathymetry
44
Ka Loko Reservoir 1980-2006
45
Godbey Report Pages 58-69
46
Godbey Report Pages 72-78
47
Figure 5-1 Ka Lo Ditch & Kaluamakua
48
March 29 2006 Tom Hitch letter TH002 Exhibit 1
49
Kilauea Irrigation operations page (Brewer) B00678
50
Kilauea Irrigation Report Inflow & Outflow Control
Kalua`a/Moloa`a Stream Diversion
Complaint Resolution Request
51
Godbey Report Pages 12-14
52
October 2001 Garner Complaint Resolution Form DLNR 1287-1293
53
Feb 1 2002 Request to Enter DLNR 1294-1300
54
Feb 15 2002 DLNR to to Garner DLNR 1301-1302
55
Undated Letter to Catherine Kuhlman EPA EPA 000001-000006
56
June 1988 Heacock-CWRM letter - Waiakalua DLNR 1278-1283
57
October 28 2005 Complaint Resolution Form-Perius DLNR 1327-1328
58
March 14 2006 Phone memo from Mike Perius DLNR 1324
59
Sept 1992 CWRM Stream Use Declarations
60
2005 State Water Project Plan Inventory of Stream Diversions
61
March 2001 - Aug 2001 PUC memos PUC 001109 -001144
62
April 2001 PUC staff report PUC 001186
63
May 19 2003 Pu`u Ka Ele Dec of Water Use & Stream Diversion DLNR 1325-1326
64
FY 2005-2006 State of Hawaii Annual Report Pages 24 & 25 (excerpted)
65
1984 KAWMPS Preface
66
1984 KAWMPS Map and Kilauea Sugar plantation irrigation sphere of influence
67
1924 Moloa`a Picture showing extent of plantation agriculture
68
Table 4. Annual Average Rainfall Kilauea Irrigation System Watershed DLNR 1752
69
1996 Bioeconomics of Stream Management in Hawaii M. Kido
70
East Kauai Water User's Co-Op
71
May 3 2009 Malama Moloa`a CRWM IFS Request
72
May 3 2009 Malama Moloa`a EPA letter
73
May 8 2009 Malama Moloa`a BLNR letter
74
May 4 2009 Malama Moloa`a DLNR-Land letter
75
Malama Moloa`a AG correspondence
76
Moloa`a Stream Gone Dry article
77
Moloa`a bridge article
Wednesday, May 13, 2009
(PNN) EPA DOC SAYS PFLUEGER MOLOA`A DITCH RECONSTRUCTION REVERSED FLOW TO FEED KA LOKO
EPA DOC SAYS PFLUEGER MOLOA`A DITCH RECONSTRUCTION REVERSED FLOW TO FEED KA LOKO
(PNN) The federal Environmental Protection Agency (EPA) was apparently informed about the Moloa`a stream diversion in an anonymous, undated, detailed letter appended to the state’s Godby Report on the Ka Loko Dam break. It alleges that the work apparently done to restore the Moloa`a ditch actually reversed the direction of the flow which originally took water away from Ka Loko and into Moloa`a Stream.
Though the letter was also sent to the Honolulu Advertiser, the Garden Island newspaper and David Henkin of Earth Justice neither they, Godby nor the EPA apparently noted or acted upon the letter that appears in an appendix of EPA documents.
According to the letter, the long-in-disrepair Moloa`a ditch that currently feeds Ka Loko reservoir was originally designed to dump excess water before it reached the reservoir, which is constructed in a cinder cone and fed by a series of ditches rather than sitting in the path of a regular stream as most reservoirs do.
The letter alleges that Jimmy Pflueger fully reconstructed the ditch about 10 years ago and reversed the flow in order to feed an “irrigation system”, with the overflow dumping into Ka Loko reservoir.
It confirms many of the allegations made by Malama Moloa`a and Hope Kallai, as PNN reported last week, that work apparently done by Pflueger- as described in detail in a recent county report on the future use of the Ka Loko irrigation system for Kilauea farmers- recently re-constructed and established the ditch and adds the allegation that it reversed the flow of the ditch which, it says, was originally designed to take excess water from the Ka Loko system and dump it into Moloa`a stream by diverting it through a series of three tunnels.
Though the letter was contained in the state’s Godby report’s appendix of EPA documents apparently the EPA did not investigate the ditch when they investigated and fined Pflueger’s for activities in the area about five years prior to the dam break that killed seven people in March 2006.
The letter does not refer to the dam break and apparently was written well before the event although it is undated and unsigned.
It also contains maps and photos although it says they the writers did not physically investigate the whole ditch system which it says is fairly inaccessible due to topography. They do describe the “source”-which used to be the end- as being on state land in the Moloa`a Forest Reserve and in a manner similar to the way the county report does, noting a dam, the Moloa`a stream diversion and an almost dry river bed below it.
The county report contains a description of the whole path of the ditch but does not conclude that the recent construction it noted actually reversed the flow.
Moloa`a residents noticed a severe decline in water flow occurred suddenly 10 years ago, about the time that the ditch was apparently repaired and made functional. They say the lack of water has made agricultural land in Moloa`a valley un-farmable due to lack of water.
PNN has previously reported that the 80-year old ditch master who claims to have tended the Ka Loko system said at a meeting last Wed. that the ditch fell into disuse decades ago, perhaps as long ago as the 1920’s.
Many of the suppositions about the physical set up of the ditch and the re-construction allegedly done by Pflueger that are contained in the letter were confirmed by the county survey.
The additional water that presumably flowed into Ka Loko dam has never publicly been cited as a contributory factor in the 2006 tragedy.
Pflueger is currently set to stand trial for manslaughter and is also embroiled in multiple party civil suits both of which are scheduled for trial late this summer.
Although the state and county are defendants in the civil suits, the EPA is not as yet a party to the suit despite the apparent negligence in not following up on the letter.
The letter is contained in pages 7-12 of the appendix and is followed by photos and maps which are explained in the letter.
The pdf file of the appendix is not directly convertible to text and PNN is in the process of obtaining a text copy and will update this story at a later date.
(PNN) The federal Environmental Protection Agency (EPA) was apparently informed about the Moloa`a stream diversion in an anonymous, undated, detailed letter appended to the state’s Godby Report on the Ka Loko Dam break. It alleges that the work apparently done to restore the Moloa`a ditch actually reversed the direction of the flow which originally took water away from Ka Loko and into Moloa`a Stream.
Though the letter was also sent to the Honolulu Advertiser, the Garden Island newspaper and David Henkin of Earth Justice neither they, Godby nor the EPA apparently noted or acted upon the letter that appears in an appendix of EPA documents.
According to the letter, the long-in-disrepair Moloa`a ditch that currently feeds Ka Loko reservoir was originally designed to dump excess water before it reached the reservoir, which is constructed in a cinder cone and fed by a series of ditches rather than sitting in the path of a regular stream as most reservoirs do.
The letter alleges that Jimmy Pflueger fully reconstructed the ditch about 10 years ago and reversed the flow in order to feed an “irrigation system”, with the overflow dumping into Ka Loko reservoir.
It confirms many of the allegations made by Malama Moloa`a and Hope Kallai, as PNN reported last week, that work apparently done by Pflueger- as described in detail in a recent county report on the future use of the Ka Loko irrigation system for Kilauea farmers- recently re-constructed and established the ditch and adds the allegation that it reversed the flow of the ditch which, it says, was originally designed to take excess water from the Ka Loko system and dump it into Moloa`a stream by diverting it through a series of three tunnels.
Though the letter was contained in the state’s Godby report’s appendix of EPA documents apparently the EPA did not investigate the ditch when they investigated and fined Pflueger’s for activities in the area about five years prior to the dam break that killed seven people in March 2006.
The letter does not refer to the dam break and apparently was written well before the event although it is undated and unsigned.
It also contains maps and photos although it says they the writers did not physically investigate the whole ditch system which it says is fairly inaccessible due to topography. They do describe the “source”-which used to be the end- as being on state land in the Moloa`a Forest Reserve and in a manner similar to the way the county report does, noting a dam, the Moloa`a stream diversion and an almost dry river bed below it.
The county report contains a description of the whole path of the ditch but does not conclude that the recent construction it noted actually reversed the flow.
Moloa`a residents noticed a severe decline in water flow occurred suddenly 10 years ago, about the time that the ditch was apparently repaired and made functional. They say the lack of water has made agricultural land in Moloa`a valley un-farmable due to lack of water.
PNN has previously reported that the 80-year old ditch master who claims to have tended the Ka Loko system said at a meeting last Wed. that the ditch fell into disuse decades ago, perhaps as long ago as the 1920’s.
Many of the suppositions about the physical set up of the ditch and the re-construction allegedly done by Pflueger that are contained in the letter were confirmed by the county survey.
The additional water that presumably flowed into Ka Loko dam has never publicly been cited as a contributory factor in the 2006 tragedy.
Pflueger is currently set to stand trial for manslaughter and is also embroiled in multiple party civil suits both of which are scheduled for trial late this summer.
Although the state and county are defendants in the civil suits, the EPA is not as yet a party to the suit despite the apparent negligence in not following up on the letter.
The letter is contained in pages 7-12 of the appendix and is followed by photos and maps which are explained in the letter.
The pdf file of the appendix is not directly convertible to text and PNN is in the process of obtaining a text copy and will update this story at a later date.
Friday, May 8, 2009
(PNN) PFLUEGER ’01 GRUBBING AND GRADING VIOLATION APPARENTLY COVERS OVER WATER PIPES FED BY ILLEGAL DITCH.
It’s Chinatown, Jake...
(PNN) PFLUEGER ’01 GRUBBING AND GRADING VIOLATION APPARENTLY COVERS OVER WATER PIPES FED BY ILLEGAL DITCH
The grubbing and grading violations above Ka Loko Dam for which Jimmy Pflueger was cited and fined years before the dam break, apparently covered over an extensive system of water pipes fed by an illegal water diversion that steals water from Moloa`a stream.
As PNN reported Wednesday a county funded report designed to study the reestablishment of irrigation for Kilauea farmers after the tragic dam break in 2006, describes how within the past 10 years “someone” completely rebuilt the long abandoned Moloa`a Ditch to feed the Pflueger and the Mary Lucas Trusts’ lands and Ka Loko reservoir which sits on both.
The report also notes that the ditch connects to an 8” intake pipe on Pflueger’s property that undergrounds at that point just above the work for which Pflueger was cited which is above the reservoir. The intake pipe contains at least two branches, one for Pflueger’s land and one for the Trust’s land.
Apparently in addition to providing a higher water level in the reservoir for the Pflueger’s planned water sports development one of the purposes of the ditch was to provide residential use water for Pflueger’s planned resort community on the property because county water is not available in the area, according to Kallai
Since no one knew of the re-construction of the Moloa`a Ditch at the time of the inspections that led to the violation, apparently no one suspected that the grubbing and grading actually covered over a system of water pipes.
The pipes also provide water to others who own the Mary Lucas trust land including relatives of Pflueger who Kallai says, sued him over water rights in the 1990’s.
Although the particulars of that case are sketchy at present, the suit was apparently dropped and Pflueger was removed as the Trust’s head around the time the ditch was re-established.
At the time Pflueger, a Lucas heir, was the head of the Trust and was denying water to his relatives, in part for a mango farm on the Lucas Trust land according to Kallai who is familiar with the suit.
At a meeting to discuss the water situation Wed. night in Kilauea, according to Kallai one 80+-year-old-man who said he used to head up maintenance for whole the Ka Loko Reservoir and Ditch System said the Moloa`a Ditch was abandoned decades ago- perhaps as early as the 1920’s- because it was not needed for Kilauea sugar cane operations which ceased in the early 1970’s.
It had fallen into total disrepair but it remains to be determined how much of the “new” ditch was part of the old one and how much was constructed from scratch, including the three tunnels through mountains and the “ad hoc dam” at the point of diversion.
Kallai, a Moloa`a farmer, says that the estimates in the county report of how many gallons a day are being taken from the Moloa`a Stream is a severe underestimate, based on a quick glance done from a distance from the ditch and diversion rather than any real measurement.
Kallai estimates the value of the water at the county’s agricultural rate could be well into the billions of dollars.
Water rights in Hawai`i belong to the state and allotment by diversion is severely regulated based on the famous Hanapepe Water Rights case which has, in recent times led to cases like the Wai`oli Ditch decision that returned water to windward O`ahu streams and is currently being used to determine controversial water rights on Maui.
Kallai said that although we reported that she said that 200 farmers had already left Moloa`a she was rather referring to the number whose farming activities have been either curtailed or eliminated since the water in Moloa`a stream dried up 10 years ago and will have to leave if water is not restored to the stream.
She also alerted us to an April 13 2006 article by Malia Zimmerman of The Hawaii Reporter that tells the whole story we referred to Wed. regarding Kallai’s warnings that the dam was about to break just weeks before it actually did.
According to that article:
Pflueger was fined $12,500 by the state Department of Land and Natural Resources’ Commission on Water Resource Management on July 28, 2001, for altering the stream channel and diverting the stream without proper permitting for his properties at Hanalei and Kilauea, Kauai.
His water diversion activities also included those on his Pila`a property where another deluge took out the home and Kuleana of Amy and Rick Marvin due to grading of a new road done personally by Pflueger without permits.
Pflueger had constructed “lakes” on the property as part of activities that killed the Pila`a reef and resulted in his conviction on 10 felony counts and a 7.5 million EPA fine in 2006.
Kallai says those lakes were finally removed just last month as part of the remediation plan.
The article also notes:
James Pflueger, who owns the property from which the wave of water could have come, claims he never altered the waterway, the dam’s spillway or the dam height. "If you find anyone who knows I diverted streams, let me know and I'll come running," Pflueger told the Honolulu Star-Bulletin. Pflueger has so far refused to return calls to Hawaii Reporter.
But, despite Zimmerman’s requests for information an investigation the state’s extensive Godby report completed in the aftermath of the dam break has nothing about the diversion and no further investigation of it has occurred on the part of the state.
The diversion was not “discovered” until the description appeared in the county report that was released last Friday, although it is dated April 12.
The report posted on line is a draft and was presented with minor revisions at the Wed. Kilauea meeting according to Kallai upon whose descriptions of the meeting we have relied for this article.
(PNN) PFLUEGER ’01 GRUBBING AND GRADING VIOLATION APPARENTLY COVERS OVER WATER PIPES FED BY ILLEGAL DITCH
The grubbing and grading violations above Ka Loko Dam for which Jimmy Pflueger was cited and fined years before the dam break, apparently covered over an extensive system of water pipes fed by an illegal water diversion that steals water from Moloa`a stream.
As PNN reported Wednesday a county funded report designed to study the reestablishment of irrigation for Kilauea farmers after the tragic dam break in 2006, describes how within the past 10 years “someone” completely rebuilt the long abandoned Moloa`a Ditch to feed the Pflueger and the Mary Lucas Trusts’ lands and Ka Loko reservoir which sits on both.
The report also notes that the ditch connects to an 8” intake pipe on Pflueger’s property that undergrounds at that point just above the work for which Pflueger was cited which is above the reservoir. The intake pipe contains at least two branches, one for Pflueger’s land and one for the Trust’s land.
Apparently in addition to providing a higher water level in the reservoir for the Pflueger’s planned water sports development one of the purposes of the ditch was to provide residential use water for Pflueger’s planned resort community on the property because county water is not available in the area, according to Kallai
Since no one knew of the re-construction of the Moloa`a Ditch at the time of the inspections that led to the violation, apparently no one suspected that the grubbing and grading actually covered over a system of water pipes.
The pipes also provide water to others who own the Mary Lucas trust land including relatives of Pflueger who Kallai says, sued him over water rights in the 1990’s.
Although the particulars of that case are sketchy at present, the suit was apparently dropped and Pflueger was removed as the Trust’s head around the time the ditch was re-established.
At the time Pflueger, a Lucas heir, was the head of the Trust and was denying water to his relatives, in part for a mango farm on the Lucas Trust land according to Kallai who is familiar with the suit.
At a meeting to discuss the water situation Wed. night in Kilauea, according to Kallai one 80+-year-old-man who said he used to head up maintenance for whole the Ka Loko Reservoir and Ditch System said the Moloa`a Ditch was abandoned decades ago- perhaps as early as the 1920’s- because it was not needed for Kilauea sugar cane operations which ceased in the early 1970’s.
It had fallen into total disrepair but it remains to be determined how much of the “new” ditch was part of the old one and how much was constructed from scratch, including the three tunnels through mountains and the “ad hoc dam” at the point of diversion.
Kallai, a Moloa`a farmer, says that the estimates in the county report of how many gallons a day are being taken from the Moloa`a Stream is a severe underestimate, based on a quick glance done from a distance from the ditch and diversion rather than any real measurement.
Kallai estimates the value of the water at the county’s agricultural rate could be well into the billions of dollars.
Water rights in Hawai`i belong to the state and allotment by diversion is severely regulated based on the famous Hanapepe Water Rights case which has, in recent times led to cases like the Wai`oli Ditch decision that returned water to windward O`ahu streams and is currently being used to determine controversial water rights on Maui.
Kallai said that although we reported that she said that 200 farmers had already left Moloa`a she was rather referring to the number whose farming activities have been either curtailed or eliminated since the water in Moloa`a stream dried up 10 years ago and will have to leave if water is not restored to the stream.
She also alerted us to an April 13 2006 article by Malia Zimmerman of The Hawaii Reporter that tells the whole story we referred to Wed. regarding Kallai’s warnings that the dam was about to break just weeks before it actually did.
According to that article:
Pflueger was fined $12,500 by the state Department of Land and Natural Resources’ Commission on Water Resource Management on July 28, 2001, for altering the stream channel and diverting the stream without proper permitting for his properties at Hanalei and Kilauea, Kauai.
His water diversion activities also included those on his Pila`a property where another deluge took out the home and Kuleana of Amy and Rick Marvin due to grading of a new road done personally by Pflueger without permits.
Pflueger had constructed “lakes” on the property as part of activities that killed the Pila`a reef and resulted in his conviction on 10 felony counts and a 7.5 million EPA fine in 2006.
Kallai says those lakes were finally removed just last month as part of the remediation plan.
The article also notes:
James Pflueger, who owns the property from which the wave of water could have come, claims he never altered the waterway, the dam’s spillway or the dam height. "If you find anyone who knows I diverted streams, let me know and I'll come running," Pflueger told the Honolulu Star-Bulletin. Pflueger has so far refused to return calls to Hawaii Reporter.
But, despite Zimmerman’s requests for information an investigation the state’s extensive Godby report completed in the aftermath of the dam break has nothing about the diversion and no further investigation of it has occurred on the part of the state.
The diversion was not “discovered” until the description appeared in the county report that was released last Friday, although it is dated April 12.
The report posted on line is a draft and was presented with minor revisions at the Wed. Kilauea meeting according to Kallai upon whose descriptions of the meeting we have relied for this article.
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