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� � Rcsolution No. 1027 ' . • - • Pa ge 3 ��ihERE.AS , as the pr�pul�tion has inereas�d around Lake I•iinnetoz�ka , and in the `l�ain �ity A-rea genc-rally, it is clear that more and mor� people have used th� lake for sailing, rowing, fishing, boating, ba�hing, skating, and other public purposes ��.�hich cannot be now fully en�-�erated or even anticipated; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as �11 ri�arian users of the lake are -r�gulated in sucn a ��aay as to insure �h�'re is no abuse of th e limited riparian rights ; and , . ��EREAS, t1_ze marina as a comm�rcial riparian o�aner only has limited riparian rights i�cident to the ownership of real estate bordering upon Lake Minnei.onka, The �rarina o�erator has a limited right to build and� rrtaintain oi�e suitable landing or- dock, on and in front of his land, and to 'extend the same therefrom into Lake Minn2tonka to a point of navigability; but, under no circumstances may he encroach into Lake Minnetonka to a poznt where he impairs the water' s navigability for other public purposes or wh�re he unreasonably interferes with the • surface water rights of all riparians and members of the public generally; and j,THEREAS, it is fundamental that a riparian o�+7ner' s rights are measured by the necessities and character of his use. The marinas, for private co�nercial gain taish to temporarily and, in iact, periranently al�er the use of the surface water in L-ake I�iinnetonka. 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 cor�nercial enterprise all to the detriment of other riparian owners and the public. The narinas present operations and conte�plated 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 narinas; and : � �ti?NERF�S, the �arinas have separated and disassociated from �the norral riparian rights in many sections of the public waters on Lake Minnetonka by having �xtended their docks out int� L,ake Minnetonka beyond the point of navigability and have transferred i.hose ri�hts to . others t;�ho oo not have riparian rights and �ti�o are no� members of the � gen�ral public t•�ho obtain access and use of Lake Minn2tonka by use of the �ublic; access points along Lake Minnetonka. Such cor►L�ercial transfers of the riparian rights of Lake i�iinnetonka have resulted in an abuse of reasonable riparian access to Lake Minne�onka, • Such abuses must be qualified, restricted and subordinated to ��e paramount rights of the public to the �ublic waters of Iake Minnetonka; and