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This entry was published on 2014-09-22
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Supervisor to serve notice
Navigation (NAV) CHAPTER 37, ARTICLE 5
§ 81. Supervisor to serve notice. It shall be the duty of the
supervisor of the town or the president of the incorporated village in
which any such tidewater creek or estuary is located, in whole or in
part, to serve written or printed notice on the chief officer of the
municipal corporation so diverting water from the stream of fresh water,
or on the superintendent or other person in charge of the works, at any
time, of the fact of such tidewater creek or estuary not being
maintained at the depth and width herein provided for, and the said
municipal corporation shall within fifteen days thereafter, by dredging
or otherwise, restore such navigable stream to the depth as specified by
this article; and it shall not be lawful for such corporation to
continue the diversion of any such fresh water stream after said fifteen
days have expired from the time of serving such notice, until the
tidewater creek or estuary into which any such stream flows shall have
been deepened to the required depth and width. If such municipal
corporation disputes any of the allegations of fact contained in such
notice, it must within three days after receiving the notice cause a
reply in writing to be served on the town or village officer whose name
is signed thereto by delivering the same to him personally, or to the
town clerk or village clerk as the case may be, and such reply in
writing must state what alleged fact is disputed, and also clearly
specify the reasons for controverting the allegations of fact contained
in the notice.