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• <br /> l Cit� of ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> • <br /> NO. 1291 <br /> • � • • <br /> 10. The regulations of the DNR, LMCD and the C�ty of <br /> Orono regulate the property rights of the riparian c�wners both <br /> as to single family residential owners and the co�ercial marina <br /> owners , to the extent prohibiting any interference with the public <br /> waters adjoining that p�-operty. The I.MCD, DNR and City of Orono <br /> must fulfill their trusteeship over the public waters by protecting <br /> against interference by anyone, including tfiose who assert the <br /> commonlaw rights of riparian owners , whether or not they be commercial <br /> marinas or single family residential awners . <br /> 11. As to Lake Minnetonka, a mutual right of enjoyment <br /> exists between and is shared by riparian owners and the public <br /> generally. The marinas have no exclus�ve privileges over Iake <br /> Minnetonka, The only additional private right �hat the marina or <br /> any riparian owner may have over the public generally is to construct <br /> . one dock to the navigable depth of the pubiic waters. There can be <br /> no dispute but that the public generally and each riparian owner to <br /> �ake Minnetonka has the �ight to u�e the entire surface area of Lake <br /> Minnetonka for all suitable pu�poses in comm�n with all other rigarian <br /> owners . This right is a right not only to the members of the public <br /> but the right to each r�.parian owner. This mutua�. right of enjoyment <br /> which is shared by riparian owners and the public generally includes <br /> the recreational benefits af the lake �uch as boating and fishing <br /> therein; the riparian marina has no exclusive privileges to these <br /> righ�s . <br /> 12. As the population has increased around Lake Minnetonka, <br /> and in the �ain City Area generally, it is clear that more and more <br /> people have used the lake for sailing, rowing, fishing, boating, bathing, <br /> �kating, and other public purposes which carcnot be now fully enumerated <br /> or even anticipated. <br /> 13. Lake Minnetonka is capable of substantial beneficial <br /> public use only as long as all riparian users of the lake are regulated <br /> in such a way as to insure thexe is no abuse of the li_mited riparian <br /> rights . ' <br /> . <br />