§ 82. Commissioner of transportation to inspect and report. In case of
any controversy arising between such town or village officer and the
said municipal corporation diverting such fresh water as to the depth or
width of said tidewater creek or estuary, the commissioner of
transportation shall, within ten days after notice to him cause said
tidewater creek or estuary to be inspected and a report as to its
condition to be filed in the office of the department of transportation,
and the depth at low-water mark as certified to by him shall be deemed
correct, and the expense of such inspection shall be paid by said
municipal corporation, which corporation shall have fifteen days from
and after the filing of such report in which to put such tidewater creek
or estuary into the proper navigable condition herein provided for.