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F.esolution No. 1030 ' � • � • Page 3 � jahERE.AS , as th� population has increased around Lake Tiinnetonka , and in the T`cain �i�y Area gen�rally, it is clear that more and more p�ople have used the lake f_or sailing, rowing, fishing, - boating, bathing, skating, and other public purposes �Thich cannot be now fully entimerated or even anticipated; and . WHEREAS, I�ke Minnetonka is capable of substantial beneficial public use only as long as all ripari�n users of �he lake are regulated in such a way as to insure �hefe is no abuse of the limited riparian rights ; and ' . j�JHERE�S, the marina as a corunercial riparian owner only has limited riparian rights incident to the ownership of real estate � bordering u�on Lake �innetonka . '�he 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 Minne�onka . to a point of navigab ility; but, under no ciz'cumstances 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 • suriace 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 �narinas, 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, hav e been converted and, in fact, in the future will continue to be converted, into a commercial enterprise a'll to tY�e detriment of other riparian ow-ners and - the public. � The marinas present operat'ions and contemplated operations far exceed a reasonable use of their limited riparian 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 the marinas; and : k'HEREAS, the marinas have separated and disassociated iro� the normal riparian rights in irany sections of� the public waters on Lake Miznetonka by hav ing extended their docks out inix� Lake Minnetonka , . beyond the point of navigability and have transferred those rights to � others who do not hav e riparian rights and who are not merr►bers of the • general public who obtain access and use of Lake Minne�onka by use of , the public. access points along Lake TTinnetonka. Such com�-nercial transfers of the riparian rights of. Lake Minnetonka have resulted in an abuse of reasonable riparian access to Lake Minne�onka. Such abuses must be qualified, restricted and subordinated to the paramount rights of the public to the public waters of L.ake riinnetonka; and