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t ,Resolution No. 994 • Page 4 15. It is a well known fact that marinas in the past have indiscriminately extended their docks far beyond the point of navigability into Lake Minnetonka in such a way as to greater reduce and destroy the environmental resource of Lake Minnetonka. These excessive lakeward encroachments 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. Specifically the marinas extension of docks and mooring areas beyond the 200 foot line obstructs navigation and use of the public. 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 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 commercial purposes of the lake by the marinas. 18. The marinas have separated and 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 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 subordinated 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. The extent to which the public could otherwise enjoy the public waters of Lake Minnetonka has been changed and detrimentally affected by the expansion of the marinas through the years.