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City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 1867 <br />-��--'-J WHEREAS, as the population has increased around Lake <br />Minnetonka, and in the Twin City Area generally, it is clear that more <br />and more people have used :he lake for sailing, rowing, fishing, <br />boating, bathing, skating, and other public purposes which cannot be <br />now fully enumerated or even anticipated; and <br />WHEREAS, Lake Minnetonka is capable of substantial <br />beneficial public use only as long as all riparian users of the Lake <br />are regulated in such a way as to ensure there is no abuse of the <br />limited riparian rights; and <br />WHEREAS, the marina as a commercial riparian owner only has <br />limited riparian rights incident to the ownership of real estate <br />bordering upon Lake Minnetonka. The marina operator has a limited <br />right to build and maintain one suitable landing or dock, on and in <br />front of his land, and to extend the same therefrom into Lake <br />Minnetonka to a point of navigability; but, under no circumstances may <br />he encroach into Lake Minnetonka to a point where he impairs the <br />water's navigability for other public purposes or where he <br />unreasonably interferes with the surface water rights of all riparians <br />and members of the public generally; and <br />WHEREAS, it is fundamental that a riparian owner's rights <br />are measured by the necessities and character of his use. The <br />marinas, for private commercial gain wish to temporarily and, in fact, <br />permanently alter the use of the surface water in Lake Minnetonka. <br />Certain sections of the lake, once a source of excellent fishing, have <br />been converted and, in fact, in the future will continue to be <br />converted, into a commercial enterprise all to the detriment of other <br />riparian owners and the public. The marinas present operations and <br />contemplated operations far exceed a reasonable use of their limited <br />riparian rights; and <br />WHEREAS, the most general public use of the water is <br />paramount and should take priority over excessive riparian use for <br />commercial purposes of the lake by the marinas; anti <br />WHEREAS, the marinas have separated and disassociated from <br />the normal riparian rights in many sections of the public waters �n <br />Lake Minnetonka by having extended their docks out into Lake <br />Minnetonka beyond the point of navigability and have trarisf erred thy -- <br />rights to others who do not have riparian rights and who are not <br />members of the general public who obtain access and use of Lake <br />Minnetonka by use of the public access points aionc, Lake Minnetonka. <br />Such commercial transfers of the riparian rights of Lake Minnetonka <br />have resulted in an abuse of reasonable riparian access to Lake <br />Minnetonka. Such abuses must be qualified, restricted and <br />subordinated to the paramount rights of thy public to the public <br />waters of bake Minnetonka; and <br />Page 3 of 4 <br />