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� V - <br />I7 <br />Al <br />WHEREAS, the approved water management plan of the Rice Creek <br />Watershed District designates Judicial Ditch 2 as a major component of the trunk <br />drainage system of the Rice Creek Watershed District; <br />WHEREAS, the Metropolitan Surface Water Management Act mandates that <br />after the Rice Creek Watershed Management Plan was approved and adopted, the City <br />of Hugo must prepare or cause to be prepared a local water management plan, capital <br />improvement program, and official controls as necessary to bring local water <br />management into conformance with the Rice Creek Watershed District Water <br />Management <br />--... - <br />--UiEREASthe obstructions permitted by the Rice Creek Watershed Distnct <br />modify the critical flood profiles and flood plains that would exist without lessening of <br />the hydraulic capacity through unlawful obstruction of Judicial Ditch 2; <br />WHEREAS, the Rice Creek Watershed District is using critical flood profiles <br />and flood plain to establish maximum discharge rate policies that did not consider the <br />hydraulic capacity of Judicial Ditch 2 as planned and originally constructed and that <br />unlawfully,unnecessarily regulate and control land use and development within the <br />City of Hugo; <br />WHEREAS, the statutory duty of the City of Hugo to conform to unlawful <br />and unfounded restrictions gives rise to the interest of the City of Hugo and standing <br />to petition for removal of the obstructions and maintenance of Judicial Ditch 2, as <br />ordered by the District Court, mandated by the Drainage Law, and undertaken by the <br />Board -of Managers of the Rice Creek Watershed District; <br />WHEREAS, the Board of Managers of the Rice Creek Watershed District have <br />held obstruction hearings to determine whether other -culverts obstruct drainage <br />systems and ordered removal pursuant to Minnesota Statutes Section 103E.075; <br />NOW, THEREFORE, the City of Hugo, as an interested person, petitions the <br />Board of Managers of the Rice Creek Watershed District to hold an obstruction <br />hearing to determine whether the culverts obstruct Judicial Ditch 2 and to order <br />removal and restoration pursuant to Minnesota Statutes Section 103E.075. <br />That upon motions being duly made, seconded, and approved, this Petition is <br />hereby passed on the date and year indicated below. <br />This Petition is hereby approved and adopted by the City Council of the City <br />of Hu Washington un9r, Minnesota, this4&day of November 1998. <br />Fran Miron, Mayor MaryCreager, City rk <br />