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qualified staff member or members of the Commission to carry out said supervision, but each <br />mcmbcrMember agrees that the staff of this Commission shall be authorized to observe and <br />review the work in progress and the erMembers agree to cooperate with the Commission <br />staff in accomplishing the purposes of this Commission. Representatives of the Commission <br />shall have the right to enter upon the place or places where the improvement work is in progress <br />for the purpose of making reasonable tests and inspections. The staff of thisthe Commission <br />shall report, advise and recommend to the Board on the progress of said work. <br />Subdivision 10. Land Acquisition. The Commission shall not have the power of eminent <br />domain. The mcmbcr governmental unitsMembers agree that any and all easements or interest <br />in land whichthat are necessary will be negotiated or condemned in accordance with Chapter 117 <br />of the Minnesota Statutes, Chapter 117 by the unitMember wherein said lands are located, and <br />each memberMember agrees to acquire the necessary easements or right -of -way or partial or <br />complete interest in land upon order of the Board of Commissioncrs to accomplish the purposes <br />of this agreement. All reasonable costs of said acquisition shall be considered as a cost of the <br />improvement. If a mcmbcr governmental unitMember determines it is in the best interests of <br />that memberMember to acquire additional lands, in conjunction with the taking of lands for <br />storm and surface drainage or storage, for some other purposes, the costs of said acquisition will <br />not be included in the improvement costs of the ordered project. The Board in determining the <br />amount of the improvement costs to be assessed to each mcmbcr governmental unitMember may <br />take into consideration the land use for which said additional lands are being acquired and may <br />credit the acquiring municipalityMember for said land acquisition to the extent that it benefits the <br />other members of this agreementMembers. Any credits may be applied to the cost allocation of <br />the improvement project under construction or the Board, if feasible and necessary, may defer <br />said credits to a future project. <br />If any member unitMember refuses to negotiate or condemn lands as ordered by the <br />Board, any other mcmbcrMember may negotiate or condemn outside its corporate limits in <br />accordance with the aforesaidMinnesota Statutes, Chapter 117. All memberMembers agree that <br />they will not condemn or negotiate for land acquisition to pond or drain storm and surface waters <br />within the corporate boundaries of another memberMember within the Lower Rum River <br />Watershed except upon order of the Board of this Commission. <br />The Commission shall have authority to establish land acquisition policies as a part of the <br />overall plan. <br />Subdivision 11. Pollution Control and Water Quality. The Commission shall have the <br />authority and responsibility to protect and improve water quality in the Watershed as this is one <br />of the main purposes set forth in the Surface Water Management Act. All <br />unitsMembers agree that they will refuse to allow the drainage of sanitary sewage or industrial <br />wastes onto any lands or into any water course or storm sewer draining into the Rum River or <br />Mississippi River. The Board may investigate on its own initiative and shall investigate upon <br />petition of any memberMember all complaints relating to pollution of surface water or ground <br />water draining to or affecting the Rum River or the Mississippi River or their tributaries. Upon a <br />finding that the creek or surface waters or groundwater are being polluted, the Board shall order <br />the mcmbcr governmental unitMember to abate this nuisance and each fflefftbefMember agrees <br />438695v23 LW105 -1 <br />13 <br />