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RESOLUTION 2003 -16 <br />A RESOLUTION SUPPORTING HOUSE FILE NO. 712 AND SENATE FILE NO. <br />738 WHICH WOULD ENSURE THE MAINTENANCE AND REPAIR OF <br />JUDICIAL DITCH #2 BY LEGAL MEANS TO THE OFFICIAL PROFILE NO <br />LATER THAN JULY 11, 2004 <br />WHEREAS, courts have observed that "land subject to drainage liens is entitled <br />to have all of the conditions upon which a system is based, as well as the ditch or tiles <br />themselves maintained so that the system will function substantially as established" <br />(Fisher v Town ofAlbin, 104 N.W.2d 32, 35 (1960)); and <br />WHEREAS, the City of Hugo relies on natural and manmade drainage.systems <br />and the maintenance of those systems, to provide adequate and necessary storm water <br />drainage for much of the City; and <br />WHEREAS, Washington County Judicial Ditch #2 provides extensive storm <br />water drainage for the City of Hugo, draining approximately one-half of the City or about <br />11,000 acres as indicated by the City of Hugo's Comprehensive Stormwater Management <br />Plan; and <br />WHEREAS, the City of Hugo has been compelled to reduce market value on <br />otherwise taxable property where traditional uses are no longer feasible due to flooding <br />caused by the lack of maintenance of the aforementioned drainage systems and has seen <br />the loss of valuable stands of trees, the inundation of formerly productive lands because <br />of flooding and the loss of water quality due to phosphorous loading; and <br />WHEREAS, Washington County, the City of Hugo, the City of Forest Lake and <br />the RCWD have incurred considerable expense to establish an official profile and correct <br />road crossings at four separate locations along the ditch; and <br />WHEREAS, the U.S. Army Corps of Engineers and the RCWD have approved <br />wetland exemptions for the repair of Judicial Ditch #2 and the RCWD has petitioned for <br />the repair of Judicial Ditch #2. <br />WHEREAS, the undersigned are desirous of preserving the protections <br />established by the Wetlands Conservation Act and its implementation and believe that the <br />restoration of Judicial Ditch #2 to its original profile is consistent with this policy <br />NOW THEREFORE, the undersigned do hereby resolve that: <br />That in the interest of ensuring the practical and timely maintenance of Judicial <br />Ditch #2, and the protection and preservation of valuable, productive and scenic <br />lands, the undersigned do support House File No. 712 and Senate File No. 738, as <br />introduced: 83'd Legislative Session (2003-2004), copies of which are attached <br />