1. The term water of such river, as used in this section, means the normal and natural flow of water in the river unaffected by flood, storm or other abnormal natural causes. 2. Any person owning, leasing or constructing any dam in any river of this State within 2 miles of an incorporated city governed by a board of county commissioners shall make or construct a weir in the dam of such size as to admit of the free passage of the water of such river during such portions of the year as such water is not being used for irrigating purposes. 3. If any person fails, neglects or refuses to comply with the provisions of subsection 2, the district attorney of the county wherein the dam is situated or being constructed shall commence mandamus proceedings to compel the person to comply with the provisions of subsection 2, or the board of county commissioners of the county may order the weir to be constructed at the expense of the county, and the county has a right of action against the owner or lessee of the dam for all expenses incurred by the county in constructing the weir and may recover judgment on the right of action and satisfy the judgment in the manner provided by law. 4. The provisions of this section do not apply to dams constructed or being constructed or hereafter to be constructed for the purpose of permanently storing the waters of such river for beneficial purposes.
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