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L� � Clt� o� ORONO • � RESOLUTION OF THE CITY COUNCIL • � � " NO. 1639 • � • • � ' WHEREAS, as the population has incre�sed around Lake Minnetonka, and in the Twin City Area generally, it is clear that more and more people have used the Lake for sailing, rowing, fishing, boating, bathing, skating, and other public purposes which cannot be now fully enumerated or even anticipated; and . WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the Lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and � WHEREAS, the marina as a commercial 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 suitable 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 circumsta•nces may he encroach • into Lake P4innetonka to a point where he impairs the water ' s navigability for other public �urposes or where he unreasonably interferes with the surface water rights of all riparians and members of the public generally; and WHEREAS, 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 rights; and WHEREAS, the most general public use of the water is paramount ' and should take priority over excessive riparian use for commercial purposes of the lake by the marinas; and WHEREAS, 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 Dlinnetonka. Such abuses must be qualified, restricted and subordinated to the paramount riqhts of the public to the public waters of Lake Minnetonka; and � Page 3 of 4