Ka Loko Dam Break

Abstract

On March 14, 2006, the Ka Loko Dam broke on the North Shore of Kauai, Hawaii, sending millions of gallons of water downstream. Seven people were killed and dozens of homes and properties were damaged. Multiple parties faced liabilities for the disaster, including the owner of the dam, the State of Hawaii, and the County of Kauai. This paper aims to provide information regarding the history of the dam and a discussion of the case issues. The owner faces charges for the disaster because he allegedly filled an emergency spillway, although no direct observations of him doing so exist. The State of Hawaii came under scrutiny for the break because they failed to follow their own regulations regarding dam inspections. The state was also vulnerable because water originating on state lands was being diverted to the Ka Loko Reservoir at the time of the break. The County of Kauai was accountable because it did not properly manage illegal construction activities by the owner that probably led to the filling of the spillway. In November 2008, the owner was indicted on seven counts of manslaughter and one count of reckless endangerment. The owner, the State of Hawaii, and the County of Kauai faced two civil lawsuits leveled by families of the seven victims and by homeowners whose properties were damaged. The criminal trial against the owner was scheduled in April 2010, while the civil trials were settled on October 2009.