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 William Aila. Show all posts
Showing posts with label William Aila. Show all posts
Wednesday, August 17, 2011
Wednesday, January 12, 2011
WILL IT GO ROUND IN CIRCLES?
WILL IT GO ROUND IN CIRCLES?: We know better than to get too get delusional when the prospects for a governmental action exceeds expectations.
And after eight years of getting up every day wondering what kind of f**ked-up s**t ex-Governor Linda Lingle (boy it feels good to write that) has cooked up today we have to be careful not to engage in too much relativism.
But even before tomorrow’s first meeting of the Board of Land and Natural Resources (BLNR) under new Chair Bill Aila takes place his appointment has already bourn fruit with the news that the infamous rage-a-holic Bruce Laymon has given up his efforts to fence off the alaloa at Lepe`uli (Larsen’s) Beach.
Copies of a letter (thanks to Joan Conrow and Roger Jacobs for the document postings) from Laymon’s attorney, Lorna Nishimitsu, to the BLNR’s staff surrendering his Conservation District Use Permit (CDUP) came flying into our inbox Monday from many who had fought to stop Laymon from harassing beach goers and violating kanaka rights.
It comes on the heels of a new staff report recommending a contested case hearing be granted after the original report was found to be a bunch of bogus bullbleep that simply ignored the testimony of many in the community and rammed through the permit based on Laymon’s misrepresentations.
The problem is that now comes the hard work for Aila, mostly because he’s stuck with most of Lingle’s appointees like the Kaua`i BLNR “representative” Ron Agor whose two-faced actions led to the permit being issued in the first place.
While Agor was telling opponents of the permit that he would fight it, records showed that his support for Laymon was the deciding factor in convincing the board to approve it since many times the board relies on neighbor island reps in deciding issues on their islands.
Aila- and Kaua`i- is stuck with Agor for another year and a half since his four-year term doesn’t end until June 30, 2012- unless he can somehow be forced or persuaded to resign.
In addition to the issue of prescriptive and PASH rights to access to the alaloa- an historic trail that runs around the island near the shore which Laymon’s permit allowed him to fence off in the area- one of the issues has been Laymon himself and his campaign to “clean up” the area.
Although the “cleaning” was said by Laymon and his handful of supporters to relate to trash that’s been left in the area it’s been clear that the real cleansing Laymon desired was that of haoles from the area with a plethora of notorious episodes of harassment of tourists and local Caucasians reported over the last few years in which Laymon insisted on characterizing them all as “hippie campers.”
Laymon was even accused of vandalizing his own equipment and blaming “campers” to gain public sympathy although no one was able to prove who did it one way or the other.
Another winner in all this, aside from the people of Kaua`i, appears to be the owner and leaser of the land, the Waioli Corporation, whose non-profit, do-good, historical-preservation mission has been tainted in all this and will now be able allow the episode to fade into memory.
As we said, we’re not ready to declare a new era for the Department of Land and Natural Recourses and it’s Board. But it is nice when the good guys win every once in a while.
For more information on some of the incidents see our past coverage and Joan Conrow’s Tuesday report and recap.
And after eight years of getting up every day wondering what kind of f**ked-up s**t ex-Governor Linda Lingle (boy it feels good to write that) has cooked up today we have to be careful not to engage in too much relativism.
But even before tomorrow’s first meeting of the Board of Land and Natural Resources (BLNR) under new Chair Bill Aila takes place his appointment has already bourn fruit with the news that the infamous rage-a-holic Bruce Laymon has given up his efforts to fence off the alaloa at Lepe`uli (Larsen’s) Beach.
Copies of a letter (thanks to Joan Conrow and Roger Jacobs for the document postings) from Laymon’s attorney, Lorna Nishimitsu, to the BLNR’s staff surrendering his Conservation District Use Permit (CDUP) came flying into our inbox Monday from many who had fought to stop Laymon from harassing beach goers and violating kanaka rights.
It comes on the heels of a new staff report recommending a contested case hearing be granted after the original report was found to be a bunch of bogus bullbleep that simply ignored the testimony of many in the community and rammed through the permit based on Laymon’s misrepresentations.
The problem is that now comes the hard work for Aila, mostly because he’s stuck with most of Lingle’s appointees like the Kaua`i BLNR “representative” Ron Agor whose two-faced actions led to the permit being issued in the first place.
While Agor was telling opponents of the permit that he would fight it, records showed that his support for Laymon was the deciding factor in convincing the board to approve it since many times the board relies on neighbor island reps in deciding issues on their islands.
Aila- and Kaua`i- is stuck with Agor for another year and a half since his four-year term doesn’t end until June 30, 2012- unless he can somehow be forced or persuaded to resign.
In addition to the issue of prescriptive and PASH rights to access to the alaloa- an historic trail that runs around the island near the shore which Laymon’s permit allowed him to fence off in the area- one of the issues has been Laymon himself and his campaign to “clean up” the area.
Although the “cleaning” was said by Laymon and his handful of supporters to relate to trash that’s been left in the area it’s been clear that the real cleansing Laymon desired was that of haoles from the area with a plethora of notorious episodes of harassment of tourists and local Caucasians reported over the last few years in which Laymon insisted on characterizing them all as “hippie campers.”
Laymon was even accused of vandalizing his own equipment and blaming “campers” to gain public sympathy although no one was able to prove who did it one way or the other.
Another winner in all this, aside from the people of Kaua`i, appears to be the owner and leaser of the land, the Waioli Corporation, whose non-profit, do-good, historical-preservation mission has been tainted in all this and will now be able allow the episode to fade into memory.
As we said, we’re not ready to declare a new era for the Department of Land and Natural Recourses and it’s Board. But it is nice when the good guys win every once in a while.
For more information on some of the incidents see our past coverage and Joan Conrow’s Tuesday report and recap.
Tuesday, November 30, 2010
UNDER FURTHER REVIEW
UNDER FURTHER REVIEW: Our, shall we say, less than enthusiastic “endorsement” of now Governor-elect Neil Abercrombie was partially based on years of disappointment in the appointments of appointed appointees.
Though those of the departing Republican Governor Linda “Ding-a” Lingle were particularly egregious we’ve watched equally in horror at most of the democratic governors’ department heads, especially those at the helm of the all powerful position of the head of the Department of Land and Natural Resources (DLNR).
And though we saw the petition effort to see former Kaua`i State Senator Gary Hooser appointed DLNR director as a nice thought but doomed to failure, we couldn’t believe our ears last night when we heard that Waianae harbormaster and environmental and kanaka activist Bill Aila will be in charge of the many-tentacled department- if he’s confirmed by the state senate.
Laura Thielen, the current DLNR Director- who also sits as Chair of the Board of Land and Natural Resources (BLNR) where most of the nitty gritty decisions effecting the future of “land and power in Hawai`i” are made- has been an unmitigated disaster. Under her mismanagement developers have received rubber stamps from republican appointees to the Board like developer’s friend Ron Agor, our Kaua`i Rep.
Aila, a former Sierra Club Executive Committee member who ran for governor in 2006 will have a chance to, among other things, fix the broken State Historic Preservation Division (SHPD) which has bungled the treatment of `iwi kupuna (burials), kill the planned commercialization of Koke`e and stop the onslaught of state redistricting of agricultural lands that are now required under the Judge Ibarra Hokulia ruling ending de facto resorts on ag lands.
For the uninitiated, Hawai`i has two levels of approval for land classification. While the county “zones” land in classifications like agricultural, rural, open, urban and resort, laid on top of that is a template of state “districting” which classifies land in the four basic categories that dictate county zoning.
While in law zoning is supposed to follow districting the practice has been to have counties approve zoning and the state follow suit with redistricting. But sometimes the applicants have been afraid of rejection by the DLNR-chief-chaired Land Use Commission (LUC) for redistricting so they just don’t apply once they have “bought” county approval, especially in the case of ag lands that have been cut up into high-priced “gentleman farmers' estates”.
But recently, because of the Ibarra ruling which said “no- you can’t do that anymore,” projects have been going before the LUC before the counties get to rubber stamp these projects.
We’re used to being disappointed and will certainly be watching and holding Aila’s feet to the fire- just as we would have done were Gary to have been appointed. But with Aila at the head of the table it might just be possible to do things like stop the theft of access at Lepe`uli or reverse the theft and sale of Koke`e cabin leases to the highest bidder.
We’ve seen the position corrupt people with good intentions before. But then we’ve never started from this kind of “advantage: environment” arrangement before.
We aren’t exactly ready to break out the rose colored glasses but we can’t imagine anyone better in the seat from which springs all clout in the islands.
Though those of the departing Republican Governor Linda “Ding-a” Lingle were particularly egregious we’ve watched equally in horror at most of the democratic governors’ department heads, especially those at the helm of the all powerful position of the head of the Department of Land and Natural Resources (DLNR).
And though we saw the petition effort to see former Kaua`i State Senator Gary Hooser appointed DLNR director as a nice thought but doomed to failure, we couldn’t believe our ears last night when we heard that Waianae harbormaster and environmental and kanaka activist Bill Aila will be in charge of the many-tentacled department- if he’s confirmed by the state senate.
Laura Thielen, the current DLNR Director- who also sits as Chair of the Board of Land and Natural Resources (BLNR) where most of the nitty gritty decisions effecting the future of “land and power in Hawai`i” are made- has been an unmitigated disaster. Under her mismanagement developers have received rubber stamps from republican appointees to the Board like developer’s friend Ron Agor, our Kaua`i Rep.
Aila, a former Sierra Club Executive Committee member who ran for governor in 2006 will have a chance to, among other things, fix the broken State Historic Preservation Division (SHPD) which has bungled the treatment of `iwi kupuna (burials), kill the planned commercialization of Koke`e and stop the onslaught of state redistricting of agricultural lands that are now required under the Judge Ibarra Hokulia ruling ending de facto resorts on ag lands.
For the uninitiated, Hawai`i has two levels of approval for land classification. While the county “zones” land in classifications like agricultural, rural, open, urban and resort, laid on top of that is a template of state “districting” which classifies land in the four basic categories that dictate county zoning.
While in law zoning is supposed to follow districting the practice has been to have counties approve zoning and the state follow suit with redistricting. But sometimes the applicants have been afraid of rejection by the DLNR-chief-chaired Land Use Commission (LUC) for redistricting so they just don’t apply once they have “bought” county approval, especially in the case of ag lands that have been cut up into high-priced “gentleman farmers' estates”.
But recently, because of the Ibarra ruling which said “no- you can’t do that anymore,” projects have been going before the LUC before the counties get to rubber stamp these projects.
We’re used to being disappointed and will certainly be watching and holding Aila’s feet to the fire- just as we would have done were Gary to have been appointed. But with Aila at the head of the table it might just be possible to do things like stop the theft of access at Lepe`uli or reverse the theft and sale of Koke`e cabin leases to the highest bidder.
We’ve seen the position corrupt people with good intentions before. But then we’ve never started from this kind of “advantage: environment” arrangement before.
We aren’t exactly ready to break out the rose colored glasses but we can’t imagine anyone better in the seat from which springs all clout in the islands.
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