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The Honolulu Advertiser
Posted on: Tuesday, February 27, 2007

Studies will improve dam safety proposal

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Up for a House Judiciary Committee vote today is HB1905, a bill proposing that all dams in the state be included under tough new safety regulations. Indeed, after last year's fatal Kaloko dam failure in Kaua'i, such a bill deserves close attention.

But not all the information needed to make such a broad mandate is in. For that reason, the bill must be amended before it is passed.

Advocates rightly want the toughest possible regulatory measure. But landowners, such as Kamehameha Schools, say their dams pose no threat. In addition, small farmers say the cost of meeting the regulatory demands would put them out of business.

To address this issue, HB1905 should undergo some changes.

As stated in the bill, the new law would increase oversight of existing regulated dams by the state Department of Land and Natural Resources. DLNR's inspector force would be expanded and given unfettered access to the state's 136 regulated dams, with all pathways cleared and maintained. A lack of oversight was as much a part of the Kaloko tragedy as a lack of regulation.

The bill, however, should be changed so that it does not expand its purview to unregulated dams until all studies are completed.

DLNR Chairman Peter Young said a study done in conjunction with the Pacific Disaster Center to determine which areas would be subjected to downstream risk will be completed this year. This study is worth waiting for in order to prioritize dams that deserve increased scrutiny.

For now, lawmakers can continue to move forward by increasing the oversight power of DLNR inspectors on all existing regulated dams.

Public safety — especially in light of last year's tragic events — should remain a goal. But that doesn't have to mean putting small farmers out of business if their dams pose no threat to the public.