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.r . . • � , , Resolution No. 1096 � Page 3 � i � � � . 10. The regulations of the DNR, LMCD and the City of � �Orono regulate the property rights of the riparian owners bot:h _ as to single family residential owners and the cou�ercial marina . owners, to the extent prohibiting any interference with the public � waters ad3oining that property. The LMCD, DNR and City of Orono ' must fulfill their trusteeship over the public waters by protecting ! against interference by anyone, including those who assert the i . comomonlaw rights of riparian owners , whether or not they b�e commercial ' marinas or single family residential owners. . i � c 11. As to Lake Minnetonka, a mutual right of enjoyment ` exists between and is shared by riparian owners and the public , generally. The marin,as have no exclusive privileges over Lake - � � Minnetonka. The only additional private rig�it tha't the marina or " � any riparian owner may have over the public generally is to construct � one dock to the navigable depth of the public waters. � There can be ' no dispute but that the public ,generally and each riparian owner to � ' Lake Mirinetonk.a has the right to use the entire surface area of Lake Minnetonka for, all suitable purposes in common with all other riparian owners. This right is a right not only to the members of the public • but the right to each riparian awne"r. This mutual right of enjoyment which is shared by riparian owners and the public generally includes � the .recreational benefits of the�'lake such as boating and fishing therein; the riparian marina has no exclusive privileges to these . rights. � 12. As the population has increased around Lake Minnetonka, and in the �ain City Area generally, it is clear that more and more people have used the lake for sailing, rowing, fishing, boating, bathing, skating, and other public purposes which cannot be now fully enumerated or even anticipated. - � 13. Lake Minnetonka is .capable of substantial beneficial , . public use only as long as all riparian users of the lake are regulated � .in such a way as to insure there is no abuse of the limited riparian . rights. _ � . � . . 14. _ The marina as a commercial riparian owner only has li_mited riparian rights incident to the ownership of real estate bordering upon Lake Minnetonka. The 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 circumstances 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.