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Member may contract or appoint any qualified staff member or members of the Commission to <br />carry out said supervision, but each Member agrees that the staff of this Commission shall be <br />authorized to observe and review the work in progress and the Members agree to cooperate with <br />the Commission staff in accomplishing the purposes of this Commission. Representatives of the <br />Commission shall have the right to enter upon the place or places where the improvement work <br />is in progress for the purpose of making reasonable tests and inspections. The staff of the <br />Commission 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 Members agree that any and all easements or interest in land that are necessary will <br />be negotiated or condemned in accordance with Minnesota Statutes, Chapter 117 by the Member <br />wherein said lands are located, and each Member agrees to acquire the necessary easements or <br />right -of -way or partial or complete interest in land upon order of the Board to accomplish the <br />purposes of this agreement. All reasonable costs of said acquisition shall be considered as a cost <br />of the improvement. If a Member determines it is in the best interests of that Member to acquire <br />additional lands, in conjunction with the taking of lands for storm and surface drainage or <br />storage, for some other purposes, the costs of said acquisition will not be included in the <br />improvement costs of the ordered project. The Board in determining the amount of the <br />improvement costs to be assessed to each Member may take into consideration the land use for <br />which said additional lands are being acquired and may credit the acquiring Member for said <br />land acquisition to the extent that it benefits the other Members. Any credits may be applied to <br />the cost allocation of the improvement project under construction or the Board, if feasible and <br />necessary, may defer said credits to a future project. <br />If any Member refuses to negotiate or condemn lands as ordered by the Board, any other <br />Member may negotiate or condemn outside its corporate limits in accordance with Minnesota <br />Statutes, Chapter 117. All Members agree that they will not condemn or negotiate for land <br />acquisition to pond or drain storm and surface waters within the corporate boundaries of another <br />Member within the Lower Rum River Watershed except upon order of the Board. <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 Members agree that <br />they will refuse to allow the drainage of sanitary sewage or industrial wastes onto any lands or <br />into any water course or storm sewer draining into the Rum River or Mississippi River. The <br />Board may investigate on its own initiative and shall investigate upon petition of any Member all <br />complaints relating to pollution of surface water or ground water draining to or affecting the <br />Rum River or the Mississippi River or their tributaries. Upon a finding that the creek or surface <br />waters or groundwater are being polluted, the Board shall order the Member to abate this <br />nuisance and each Member agrees that it will take all reasonable action available to it under the <br />law to alleviate the pollution and to assist in protecting and improving the water quality of <br />surface water and groundwater in the Watershed. <br />438695v3 LW105 -1 <br />12 <br />