§ 83. Injunction. At any time after fifteen days' notice has been
given, as hereinabove provided for, by the supervisor of a town or the
president of a village in which such tidewater creek or estuary is
located, either of such officers, as the case may be, may apply to the
supreme court for an injunction restraining said municipal corporation
from diverting any fresh water from the stream or streams above until
such tidewater creek or estuary shall have been put into the proper
condition as to depth and width herein provided for, and it shall be the
duty of the court to grant such injunction, and the costs of such
proceeding shall be paid by the municipal corporation diverting such
stream of water.