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A ~O,~4Ac~ WI.IRS'T, P A, <br /> <br />CU~7tS A P£A~5ON, P.A. <br /> <br />J~E5 D. ~R~DN, P.A <br />~NOMA~ D UNDERWOOD, <br /> <br />~OGE~ ~ FELLOWS <br /> <br /> LAW OffiCES <br /> <br />WURST, PEARSON, L. ARSON, UNDERWOOD & MERTZ <br /> <br /> ONE FINANCIAL F~LAZA, SUITE <br /> <br /> MtNNEAPOLJS~ MINNESOTA 55402~-1803 <br /> <br /> June 11, 1993 <br /> <br />Mr. James E. Schrantz <br />Chairman, Lower Rum River Watershed Management Commission <br />1685 Crosstown Boulevard N.W. <br />Andover MN 55304 <br /> <br />Re: <br /> <br />Joint Powers Agreement <br /> <br />Dear Chairman Schrantz: <br /> <br /> You have directed that ! prepare an amended Joint Powers Agreement <br />to incorporate the new requirements of the "Metropolitan Surface Water <br />Mananagment Act" and of the new rules adopted by the Board of Water and Soil <br />Resources (BWSR) for "Metropolitan Area Local Water Management." You have <br />written and conveyed that direction. I recently placed a call to you for <br />some direction and found out that you have been ill. I'm certainly hoping <br />that you are recovering and can continue to be a part of the organization. <br /> <br /> When I was first retained by the Commission in 1985 or 1986, the <br />existing Joint Powers Agreement had been adopted. I reviewed that <br />document and found a number of mistakes and areas of concern. The <br />Commission said they would wait a while and then the Commission could have <br />it redrafted and would have some experience to aid in drafting a new <br />agreement. State law changes now mandate that a revised agreement be <br />adopted. Water quality concerns and general water concerns are now <br />incorporated in state law and state regulations and are of great concern to <br />your constituents. <br /> <br /> The enclosed agreement is prepared to take into account growing <br />responsibilities for your organization. The importance of our water <br />resources will require more review and more planning for our future. The <br />Lower Rum is not expected to require many shared capital improvements. The <br />Agreement provides the process for such projects if they do become <br />necessary. <br /> <br /> I will review by section the proposed Agreement. I assume each <br />Commissioner will want to review the Agreement, and you may want to meet for <br />a question and answer session. We also want to correct or modify any parts <br />of the Agreement which are not consistent with the goals of the member <br />Cities. <br /> <br /> The Agreement is drafted to cover your statutory responsibilities <br />and is organized as follows: <br /> <br /> <br />