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the progress of said work. <br />Subdivision 10. Land Acquisition. The LRRWMO shall not have the power of eminent <br />domain. The Member Cities agree that any and all easements or interests in land that are <br />necessary will be negotiated or condemned in accordance with Minnesota Statutes, Chapter 117 <br />by the Member City wherein said lands are located, and each Member City agrees to acquire the <br />necessary easements or right -of -way or partial or complete interest in land upon order of the <br />Board to accomplish the purposes of this agreement. All reasonable costs of said acquisition <br />shall be considered as a cost of the improvement. If a Member City determines it is in the best <br />interests of that Member City to acquire additional lands, in conjunction with the taking of lands <br />for storm and surface drainage or storage, for some other purposes, the costs of said acquisition <br />will not be included in the improvement costs of the ordered project. The Board in determining <br />the amount of the improvement costs to be assessed to each Member City may take into <br />consideration the land use for which said additional lands are being acquired and may credit the <br />acquiring Member City for said land acquisition to the extent that it benefits the other Member <br />Cities. Any credits may be applied to the cost allocation of the improvement project under <br />construction or the Board, if feasible and necessary, may defer said credits to a future project. <br />If any Member City refuses to negotiate or condemn lands as ordered by the Board, any <br />other Member City may negotiate or condemn outside its corporate limits in accordance with <br />Minnesota Statutes, Chapter 117. All Member Cities agree that they will not condemn or <br />negotiate for land acquisition to pond or drain storm and surface waters within the corporate <br />boundaries of another Member City within the Lower Rum River Watershed except upon order <br />of the Board. <br />The LRRWMO 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 LRRWMO 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 Member Cities agree <br />that they will refuse to allow the drainage of sanitary sewage or industrial wastes onto any lands <br />or 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 <br />City all complaints relating to pollution of surface water or ground water draining to or affecting <br />the Rum River or the Mississippi River or their tributaries. Upon a finding that the creek or <br />surface waters or groundwater are being polluted, the Board shall order the Member City to abate <br />this nuisance and each Member City agrees that it will take all reasonable action available to it <br />under the law to alleviate the pollution and to assist in protecting and improving the water quality <br />of surface water and groundwater in the Watershed. <br />Subdivision 12. Local Water Management Plans. The LRRWMO shall have power and <br />authority to review the Member Cities' local water management plans, capital improvements <br />relating to surface water management programs and official controls required by Minnesota <br />Statutes, Section 103B.235 and /or by rules promulgated and adopted by the Board of Water and <br />Soil Resources. <br />438695v4 LW105 -1 <br />12 <br />