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Locke Lake: July 28 , 1993 Page Five (from B. Haake) CONCLUSION : I respectfully request an appeal be instigated to prevent the Locke Lake Improvement Project from preceding for the following reasons: . An ad valorem tax levy can only be imposed on all who benefit from a project . Is ad valorem lawful when only a limited number of landowners (52 ) benefit? Also the allocation of taxation is unfair to the other counties in the RCWD; Anoka County is THE beneficiary. . See Metropolitan Surface Water Management Act , Minnesota Statutes Section 1031..-20l—(1992) . Section- 1 3B. 251 Sub 3b, _" . . . the_ cost _must be apportionated according to the benefits received by property in the county. " . Section 1038. 251 Sub 5 says the cost shall be certified by the county boards in the counties affected by the project . More facts : . It is not a natural lake : RCWD is to protect Rice Creek' s natural amenities. , It benefits only 52 property owners: The argument for Locke Lake seems to be strongest only for the monetary considerations of these landowners . Money cannot be considered in the Health, Safety and Welfare issue . .The arguments for the project are not adequately made, ie. : . "Locke Lake traps sediment to protect the Mississippi River" is not supportable , Long Lake in New Brighton provides this for the majority of Rice Creek. The sediment Locke Lake traps is such a small amount considering what the Mississippi collects in its usual course of travels . The Mississippi can handle Locke Lake' s sediment on its own, (The sediment would not be an issue if the dam were removed. ) . "Fishing" : Game fish are non-existent . . . the lake would have winter freeze-out . . "Wildlife" : There would be better enhancement for wildlife as a wetland/flood plain with Rice Creek in its natural state. . "Canoeing ie . recreation" : In its natural state (no dam, no lake) recreational use of the creek for canoeing would not be impaired. In fact canoeists expect to reach the Mississippi River without being confronted by a dam. .The DNR and the Metropolitan Council recommend letting Locke Lake return to its natural state. (A "no action" position. ) . If the dam is reconstructed , sediment WILL continue to collect and RCWD will have committed millions of future dollars to its removal. . Requested monies would be better applied elsewhere in the District to be of greater benefit to Rice Creek itself and its citizens. . The Capitol Improvement Portion of the District Water Management Plan did NOT require that this project proceed . . . it was merely a consideration and any savings of monies or cutting of an unnessary Capitol Improvement is viewed favorably by the tax paying public, especially in this case. 90d Z9V2 VEIL Zti9 :Ol 892bb8LET9 'all HtmaDOS. 90:LT b6, 90 Ndf