LIHU'E, Kaua'i — The father of one of the seven people killed by the March 14, 2006, Kaloko Dam breach said a monetary settlement agreed to yesterday will not make up for the loss of his daughter's life.

When the settlement check eventually reaches Bruce Fehring, "My No. 1 wish will be that I had my daughter in front of me instead of this piece of paper. ... It's very difficult to absorb the magnitude of the loss and look at a monetary figure. It's distasteful to even think about it."

A global settlement of multiple Kaloko Dam lawsuits was announced yesterday in Circuit Judge Kathleen Watanabe's courtroom. Details of the settlement, including who will pay whom how much, were not released.

Fehring, whose daughter, Aurora Solveig Fehring, son-in-law Alan Gareth Dingwall, and grandson Rowan Grey Makana Fehring-Dingwall were among those killed in the disaster, said yesterday he's relieved to not have to go through two lengthy trials, but "no money can replace their lives."

Four others — Daniel Jay Arroyo, Christina Michelle McNees, Timothy Wendell Noonan Jr. and Carl Wayne Rotstein — were also washed away when 1.4 million tons of water ripped through Fehring and others' properties along Wailapa Stream early that morning.

In a 30-minute hearing yesterday afternoon, Wata­na­be checked with each of 16 attorneys present to ensure they had no objections to the settlement, which has been worked on for more than a year by attorneys and mediators.

Attorney Bert Sakuda, spokesman for several plaintiffs' attorneys representing the families of those killed in the dam breach, said the group hadn't agreed on a joint statement about the settlement and would not be issuing individual statements.

Attorney Ken Robinson, a private attorney representing the state of Hawai'i in the cases, said the state's portion of the settlement will eventually be made public when presented to the state Legislature next session. He wouldn't comment on the state's share of the settlement yesterday.

William McCorriston, attorney for Kaloko landowner Jimmy Pflueger, noted after the settlement was announced that the civil case involves a "large number of parties" who are contributing toward a resolution of the lives lost and property damaged by the incident.

"That begs the question — why is one person being singled out by the state for criminal responsibility," McCorriston said.

CRIMINAL CHARGES

Pflueger, 83, faces an April criminal trial on seven charges of manslaughter and one charge of reckless endangering.

Pflueger is the only person facing criminal charges in connection with the dam breach, for which a 2007 independent investigation spread the blame among Pflueger for burying the dam spillway, a key safety feature; the state for its lax dam safety program; Kaua'i County for not enforcing its grubbing and grading laws; and Kilauea Irrigation Co. for inadequate maintenance of the irrigation system fed by Kaloko Reservoir.

Pflueger "is going to fight the criminal charges vigorously. He thinks he's been unfairly scapegoated," McCorriston said.

The state attorney general's office didn't respond yesterday when asked why the state's portion of the settlement agreement is being kept confidential.

Watanabe in August approved lawsuit parties' request that a "Kaloko Dam Litigation Global Settlement, Release and Indemnification Agreement" be filed under seal, inaccessible to the public.

Yesterday in court, the judge said that while it "may be of great public interest who paid what and to whom" in the settlement, "it is this court's hope that confidentiality will be honored."

Robbins yesterday praised all attorneys involved in the complex case for their "collegiality in working out all the details," and thanked Watanabe and the court staff for their hard work.

Watanabe thanked the attorneys for their professionalism and court-appointed mediators for their contribution.

"This is a very important case for those who lost loved ones," plaintiff's attorney Terry Tico said outside the courtroom. "Their lives were uprooted and this finally brings closure to their lives over this tragedy."

Other than general comments about being glad the case was settled, other attorneys outside the courtroom yesterday said they would respect the confidentiality of the settlement terms.