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D '7A <br />MEMORANDUM OF UNDERSTANDING <br />Between the Rice Creek Watershed District <br />and the City of Hugo <br />for Local Water Planning and Regulation <br />This Memorandum of Understanding (MOU) is made by and between the Rice Creek Watershed <br />District, a watershed district with purposes and powers as set forth at Minnesota Statutes <br />Chapters 103B and 103D ("District"), and the City of Hugo, a statutory city of the State of <br />Minnesota ("City"). <br />Recitals and Statement of Purpose <br />WHEREAS on April 28, 2004, the City and the District executed a memorandum of <br />understanding for local water planning and regulation; <br />WHEREAS pursuant to Minnesota Statutes §103B.231, on January 4, 2010, the District adopted, <br />and on November 9, 2016 it amended, its watershed management plan (WMP) detailing the <br />existing physical environment, land use and development in the watershed and providing for <br />water resource management to protect water resources, improve water quality, prevent <br />flooding, and otherwise achieve the goals of Minnesota Statutes Chapters 103B, 103D and <br />103 E; <br />WHEREAS to achieve the policies and purposes of the WMP and pursuant to Minnesota <br />Statutes §103D.341, the District has adopted and implements rules requiring permits for and <br />otherwise regulating land disturbance; <br />WHEREAS pursuant to Minnesota Statutes §103G.2242 and associated statutes and rules, the <br />District serves as the local government unit (LGU) for implementation of the Minnesota <br />Wetland Conservation Act (WCA) except within the boundaries of a municipality that has <br />undertaken to fulfill the role of LGU; <br />WHEREAS the City has developed a local water management plan under Minnesota Statutes <br />§103B.235, titled "Water Resource Management Plan for the City of Hugo, Minnesota" and <br />dated (date), that describes the existing and proposed physical environment and land use <br />within the City and sets forth an implementation plan for bringing local water management into <br />conformance with the WMP ("Local Plan"); <br />WHEREAS on (date), 2018, the District Board of Managers conditionally approved the Local <br />Plan by adoption of Resolution 2018-19, which resolution is attached and incorporated herein; <br />WHEREAS Minnesota Statutes §103B.211 and the WMP provide that at the City's election and <br />on the District's approval of the Local Plan, the District shall cease to apply its rules within the <br />