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Y <br /> I% <br /> i <br /> l <br /> i <br /> AMENDED AND RESTATED JOINT AND COOPERATIVE AGREEMENT <br /> FOR THE ESTABLISHMENT of <br /> THE LOVER RUM RIVER WATERSHED MANAGEMENT ORGANIZATION <br /> To PLAN, CONTROL AND PROVIDE FOR THE DEVELOPMENT of THE <br /> LOWER RUM RIVER WATERSHED <br /> f. <br /> 3. <br /> PREFACE <br /> i <br /> 1: <br /> The Lower Rum River Watershed lying East of the Mississippi River is a watershed that <br /> Y g pp <br /> is basically a direct tributary to the Mississippi River. It encompasses all or parts of the cities of <br /> r <br /> Andover Anoka and Ramsey(the Member Cities"). <br /> r <br /> f <br /> Minnesota Laws of 1982, Chapter 509, now codified as Minnesota Statutes 2012, <br /> Sections 1 o3B.2o1 through 1 o3B.255 mandated that all watersheds within the seven county <br /> Metropolitan area must be governed by a watershed management organization. The watershed is <br /> authorized to organize under a joint powers agreement pursuant to Minnesota Statutes, Sections <br /> 471.59 and 1 o3B.211. If such an organization is not created, Anoka County shall petition for the <br /> establishment of a watershed district under Minnesota Statutes, Chapter 1 o3D. All the cities in <br /> the Lower Rum River Watershed expressed a desire in 1985 to create a •joint powers group rather <br /> J p �' p <br /> than a watershed district and now desire to adopt an amended joint powers agreement to <br /> p �' <br /> establish a watershed management organization, which will comply with the current later for <br /> management of the watershed. It is the belief of these three cities that a joint pourers group will <br /> provide more efficient planning and administration of the Lower Rum River Watershed if the <br /> watershed is managed under a joint pourers agreement. The goal is to leave as much control as <br /> possible with the three individual Member Cities. <br /> 1% <br /> It has been determined by the three Member Cities that they desire to proceed under a <br /> Joint Pourers Agreement rather than under Minnesota Statutes, Chapter 103D as a watershed <br /> district. Each party to this agreement has been fully advised that the watershed management <br /> organization being created shall have the pourers and responsibilities set forth in the =_ <br /> Metropolitan Surface Water Management Act, Minnesota Statutes, Sections 1 o3B.2o1 through <br /> 1 o3B.255 and as amended by this Agreement. It is further understood and agreed that it is the <br /> intent of this agreement to assign to the watershed management organization, which has operated <br /> g g � p <br /> since 1985, the additional pourers and duties assigned b the Minnesota le •slature. The <br /> Y � <br /> management of grater resources is a rapidly changing field and new lags and regulations are <br /> being adopted and amended frequently and it should not be necessary to amend this agreement ` <br /> every time the legislature enacts a new later. <br /> Each Member City further recognizes that this is a binding contract and failure to <br /> cooperate or to carry out a Member City's responsibilities will result in a breach of this contract. <br /> The purpose of this organization shall be to assist the three Member Cities to preserve <br /> and use natural grater storage and retention systems to: <br /> 1 <br /> 438695v5 LWI05-1 <br />