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JOINT AND COOPERATIVE AGREEMENT FOR THE ESTABLISHMENT OF <br />THE LOWER RUM RIVER WATERSHED MANAGEMENT ORGANIZATION TO <br />PLAN, CONTROL AND PROVIDE FOR THE DEVELOPMENT OF THE LOWER <br />RUM RIVER WATERSHED <br />PREFACE <br />The Lower Rum River Watershed lying East of the Mississippi River is a watershed that is <br />basically a direct tributary to the Mississippi River. It encompasses all or parts of the following <br />cides: <br />Andover, Anoka, Coon Rapids, Ramsey <br />Minnesota Laws of 1982, Chapter 509, mandated that all watersheds within the seven <br />county Metropolitan area must be governed by a watershed management organization and as is <br />now codified as Minnesota Statutes 1992, Sections 103B.201 through 103B.251. The Watershed <br />is authorized to organize under a joint powers agreement pursuant to Minnesota Statutes, Section <br />471.59 and Section 103B.211 or if such an organization is not created, Anoka County shall <br />petition for the establishment of a watershed district under Minnesota Statutes, Chapter 103D. All <br />the cities in the Lower Rum River Watershed expressed a desire in 1985 to create a joint powers <br />group rather than a watershed and now desire to adopt an amended joint powers agreement to <br />establish a Watershed Management Organization which will comply with the current law for <br />management of this watershed. It is the belief of these four cities that a joint powers group will <br />provide more efficient planning and administration of the Lower Rum River Watershed if the <br />watershed is managed under a joint powers agreement. The goal is to leave as much control as <br />possible with the four individual member cities. <br />It has been determined by the four cities involved in the watershed that they desire to <br />proceed under a Joint Powers Agreement rather than under Chapter 103D as a watershed district. <br />Each party to this agreement has been fully advised that the Watershed Management Organization <br />being created shall have the powers and responsibilities set forth in the Metropolitan Surface Water <br />Management Act, Minnesota Statutes Sections 103B.201 through 103B.251 and as amended by <br />this Agreement. It is further understood and agreed that it is the intent of this agreement to assign <br />to the watershed management organization, which has operated since 1985, the additional powers <br />and duties assigned by the Minnesota legislature. The management of water resources is a rapidly <br />changing field and new laws and regulations are being adopted and amended frequently and it <br />should not be necessary to amend this agreement every time the legislature enacts a new law. <br />Each member further recognizes that this is a binding contract and failure to cooperate or to <br />carry out a member's responsibilities will result in a breach of this contract. <br />1 <br />Page A-1 <br />