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• __:. � Clt� of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1291 • • � • • . 14 . The marina as a conunercial riparian owner only has limited 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 suituble 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 al1 riparians and members of the public generally. 15. It is a well known fact that marinas irl the past have indiscriminately eYtended their docks far bey�nd the point of navigability into Lake Minnetonka in such a way as to greatly reduce and destroy the environmental resource of Lake Minnetonka. These excessive lakeward encroachments directly downgrade the water a,uality, 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 ripa�ian owners and • members of the public. Specifically the marinas extension of docks and mooring areas beyond the 200 foat line obstructs naviga�ion and use of the g�ublic waters. 16. It is fundamental 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 Lake 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 converted, into a commercial enterprise all to the detriment of other riparian owners and the public. The marinas present op�rations 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 commercial purposes of the lake by the marinas. 18. The marinas nave separated anc� disassociated from the normal riparian rights in many 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 obtain access and use af Lake Minnetonka by use of the public access points alang Lake Minnetonka. Such commer.cial 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 subordinated to the paramount rights of the public to the public waters of Lake Minnetonka.