The state attorney general's office has opened a broad investigation into the collapse of the Kaloko Reservoir dam on Kaua'i that killed two people, left five people missing and swept away their homes.

The attorney general's office yesterday issued separate subpoenas to the Mary N. Lucas Trust and retired car dealer Jimmy Pflueger, owners of the land on which Kaloko Reservoir sits.

The state's subpoenas do not say whether the state is pursuing a criminal or civil case but they indicate that the attorney general is looking into whether the landowners conducted any work on the dam that could have contributed to its collapse.

Carroll Taylor, a court-appointed trustee for the Mary Lucas Trust, said the trust is cooperating with the state's investigation.

Bill McCorriston, Pflueger's attorney, said his client also is cooperating with the state investigation. He said Pflueger made accommodations to allow the state's investigators to visit and inspect the Kaua'i property yesterday.

Earlier this week, Pflueger issued a news release saying he had not done any construction work on the Kaloko dam.

The U.S. Environmental Protection Agency cited Pflueger several years ago for illegal grading work on property near the Kaloko Reservoir and dam. But an EPA spokesman said earlier this week that the agency does not believe the break at Kaloko was related to work done by Pflueger in the area.

Attorney General Mark Bennett said the investigation aims to gather evidence to determine what caused the breach of the Kaloko dam. He said the state is putting a lot of resources behind the effort, and has hired experts from the University of Hawai'i and the Mainland, who are reviewing the Kaua'i flood damage.

Bennett said he hopes to get a preliminary briefing today. He declined comment when asked whether the investigation could turn into a criminal probe.

"We are going to do everything possible to determine the cause," he said.

RECORDS CHECK

In its subpoenas, the state is asking for records relating to any alterations, construction and maintenance conducted on the Kaloko dam. The attorney general also is seeking copies of e-mails, memos, notes, receipts, maps, charts and other documents relating to work on the properties.

The state is seeking similar records on nearby Waiakalua and Morita reservoirs.

Yesterday, Kaua'i Mayor Bryan Baptiste said he expected to order Morita Reservoir be torn down after it suffered heavy damage when the collapse of the Kaloko dam sent an estimated 300 million gallons of floodwater and hundreds of ripped-out trees coursing over it.

The Morita Reservoir previously was owned by the Mary N. Lucas Trust but the trust said it sold the property several years ago. The Waiakalua Reservoir is now owned by the Kilauea Farms Community Association. It was not known last night if Kilauea Farms also received a subpoena.

Jack Harter, the association's director, could not be reached for comment.

The subpoenas come as the seven-member state Board of Land and Natural Resources conducted an emergency meeting yesterday to authorize the attorney general's office and its staff to enter private property to investigate and inspect dams and reservoirs.

INSPECTION OVERSIGHT

According to the National Inventory of Dams, which includes information supplied by the state to the U.S. Army Corps of Engineers, the Kaloko, Morita and Waiakalua reservoirs were given "low hazard" ratings.

The dams are supposed to be inspected every five years but Peter Young, director of the state Department of Land and Natural Resources, said there is no record of the state inspecting the Kaloko dam.

"It appears that we have not inspected it because we have no records," he said.

Young, whose staff is assisting the attorney general in its investigation, said state law requires reservoirs to be inspected every five years, but noted that landowners with dams on their properties are required to maintain, operate and inspect them.

Young said the state is sending out a letter to landowners to remind them that they are responsible for maintaining the dams and is offering to assist those who may want to dismantle their dams.

'LAW IS CLEAR'

The state may be able to cite or fine an owner if it does not properly maintain a dam or reservoir. But Young said he wasn't sure if the state had levied such a fine in the past.

"The law is clear when you are a private owner of a dam what your responsibility is and you are ultimately responsible," Young said.

"Recognizing some may not want to have that responsibility, I want to include that offer of assistance in the permitting process in the event that they want to dismantle their dams."

Young's comments echoed Gov. Linda Lingle, who told Kilauea residents Wednesday that while the state has not monitored private dams on a full-time basis, that "does not absolve the landowner from maintaining it."

Reach Rick Daysog at rdaysog@honoluluadvertiser.com and Mike Gordon at mgordon@honoluluadvertiser.com.