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" Resolution No. 1096 - • ` Page 4 � . 15. It is a well knawn fact that marinas in the rtast have indiscriminately extended their docks �ar beyond the point of navigability into Lake Minrietonka in such a way as to greater reduce and destroy the environmental resource of Lake Minnetonka. The$e excessive lakeward encroactunents directly downgrade the water quality, the navigability of the lake, the desirable habitat for various wildlife species which include water fowl and fish. These excessive lakeward encroachments have limited .the enjoyment of and use of Lake Minnetonka by other riparian owners and members of the public. Speci€ically the marinas extension of docks and mooring areas be ond the' 200 foot line obstructs navigation and use of the public waters. � 16. It is fzmdamental that a riparian owner's rights are measured' by the necessities and character of his use. The marinas, for private commercial gain wish to temporarily and, in fact, permanently, alter the use of the surface water in Lalce Minnetonka. Certain sections of the lake, once a source of excellent fishing, have been converted and, in fact, in the future will continue to be coriverted, into a co�ercial enterprise all to the detriment of� other � riparian owners and the public. The marinas present operations and contemplated operations far exceed a reasonable use of their. limited riparian right. � � 17• The most general public use of water is paramount and should take priority over the excessive riparian use for co�ercial purposes of the �lake by �the matrinas. � 1$• VThe marinas have separated and disassociated from the nonmal riparian rights in manp sections of the public waters on Lake Minnetonka by having extended- their docks out into Lake Minnetonka beyond the point of navigability and .have transferred those rights to others who do not have riparian rights and who are not members of the general public who ob tain access and use� of Lake Minnetonka by use of the public access points along Lake Minnetonka: Such commercial� transfers of the riparian rights of Lake Minnetonka have resulted in - an abuse of reasonable riparian access to Lake Minnetonka. Such abuses must be qualified, restricted and suborclinated to the paramount rights of the public to the �public waters of Lake Minnetonka. 19. The character of the change of the use of Lake Minnetonka by the marinas through the years is one that has affected adversely the .general public. These� changes are manifestly detrimental to the rights peculiar to the general public. T'he extent to �which the public could otherwise enjop the public waters of Lake Minnetonka has been changed and� detrimentallp affected bp the expansion of the marinas through the years. �