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' - . R�solution No. 1023 � • . Page 3 47hEREAS , as the population has increased around Lake Ninnetonka , and in the 1�ain City Area generally, it is cl�ar that more and more people have us�d the lak e for sailing, rowing, fishing, boating, bathing, skating, and other public purposes which cannot be now fully enumerated or even anticipat�d; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all ri�ari�n users of the lake are regulated in such a way as to insure the're is no �buse of the limited riparian rights ; and � • - �' j�JHEREAS, the marina as a commercial riparian o�,mer only has limited riparian rights incident to the ownership of real estate � . bordering upon Lake Minnetonka. 'IYhe marina operator has a limited right .to build and� maintain one suitable landing or dock, on and in . front� of his land, and to extend the same therefrom into Lake Minnetonka to a point of navigability; but, under no circul-nstances may he encroach into Lake Minnetonka to a• .point where he impairs the water' s navigability for other public purposes or where he unreasonably interferes with the • surface water rights of all riparians and members of the public generally; and � • WHEREAS, it is fundamental that a riparian owner' s rights are measured by the necessities and character of his use. The marinas, for private commercial gain wish to temporarily and, in fact, permanently alter the use of-the surface water in Lake Minnetonka. Certain sections of the lake, once a source of excellent fishing, have been converted and, in fact, in the future will continue to be converted, into a commercial enterprise all to the detriment of other riparian owners and _ the public. . The marinas present operations and contemplated� operations far exc�ed a reasonable use of their limited ri�arian rights ; and WHEREAS, the most general public use of water is paramount and should take priority over excessive riparian use for commercial purposes of the lake by th.e marinas; and - WHEREAS, the mazinas have separated and disassociated from the noi-mal riparian rights in many sections of the public waters on - Lake Minnetonka by having extended their docks out ini� Lake Minnetonka beyond the point of navigability and have transferred tnose rights to others who do not have riparian rights and who are not me�nbers of the � general public t•�ho obtain access and use of Lake M�nneton�:a by 13.se of the public access points along Lake Minnetonka. Such com�-nercial tra�sfers of the riparian rights of Lake Minnetonka have resulted in an abuse of reasonable riparian access to L.ake Minnetonka. Such abuses must be qualified, restricted and subordinated �o the paramount rights of the public to the pLblic waters of Lake Minnetonka ; and