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1 <br /> d <br /> 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 /> �r <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 /> y <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 project improvement 'ect under <br /> p p <br /> construction or the Board, if feasible and necessary, may defer said credits to a future Jro`ect. <br /> p <br /> z <br /> If any Member City refuses to negotiate or condemn lands as ordered by the Board, any <br /> z <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 the will not condemn or s <br /> � y <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 p <br /> 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 an lands <br /> g y <br /> or into any water course or storm sewer draining into the Ruin River or Mississippi River. The r <br /> Board may investigate on its own initiative and shall investigate upon an petition of Member <br /> p y �. <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. a Upon finding that the creek or F <br /> p g <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 /> g p � pis <br /> relating to surface water management programs and official controls required by Minnesota t <br /> Statutes Section 103B.235 and/or by rules promulgated and adopted by the Board of Water and <br /> Soil Resources. <br /> 12 <br /> 438695v5 LW105-1 <br />