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significant barrier to institution and prosecution of a suit for damages." [Citation omitted.] Kerr v. Quinn, 692 F.2d 875, 878 (2nd Cir. 1982) (emphasis added). The Second Circuit ultimately concluded that a denial of attorney's fees to a plaintiff who sought only equitable relief would deter similarly situated plaintiffs from enforcing their constitutional rights. Id. at 878-79. That reasoning applies fully to the case at bar. Mr. Welsh did not seek monetary damages, but instead sought and obtained declaratory and injunctive relief which establishes the far-reaching principle that the Department of Natural Resources has exclusive jurisdiction over work in the beds of public waters throughout the State of Minnesota. With no promise of money damages or a recoupment of their reasonable attorney's fees, Mr. welsh and others similarly situated would face an undue economic bur, -:en in seeking to entorce their civil rights. 51988 safeguards against such a result. In short, the nature of the relief sought by Mr. Welsh is a major reason for this Court to reject the Boland result and to recognize Mr. Welsh's entitlement to fees under S1988. Finally, this Court cites Green v. Carbaugh, 460 F. Supp. 1193 (E.D.Va. 1978), and Naprstek v. City of Norwich, 433 F. Supp. 1369 (N.D.N.Y. 1977), in support of its conclusion that the instant action is not within the spirit of S1988 fee awards. However, fees were denied in those cases not because of the private nature of the actions, but due to tt,e courts' displeasure with plaintiffs and their respective counsel. -8-