§ 83. Injunction. At any time after fifteen days' notice has been\ngiven, as hereinabove provided for, by the supervisor of a town or the\npresident of a village in which such tidewater creek or estuary is\nlocated, either of such officers, as the case may be, may apply to the\nsupreme court for an injunction restraining said municipal corporation\nfrom diverting any fresh water from the stream or streams above until\nsuch tidewater creek or estuary shall have been put into the proper\ncondition as to depth and width herein provided for, and it shall be the\nduty of the court to grant such injunction, and the costs of such\nproceeding shall be paid by the municipal corporation diverting such\nstream of water.\n
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