New York Navigation Code § 82

Commissioner of transportation to inspect and report
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§ 82. Commissioner of transportation to inspect and report. In case of\nany controversy arising between such town or village officer and the\nsaid municipal corporation diverting such fresh water as to the depth or\nwidth of said tidewater creek or estuary, the commissioner of\ntransportation shall, within ten days after notice to him cause said\ntidewater creek or estuary to be inspected and a report as to its\ncondition to be filed in the office of the department of transportation,\nand the depth at low-water mark as certified to by him shall be deemed\ncorrect, and the expense of such inspection shall be paid by said\nmunicipal corporation, which corporation shall have fifteen days from\nand after the filing of such report in which to put such tidewater creek\nor estuary into the proper navigable condition herein provided for.\n

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