N.Y. Navigation Law § 81: Supervisor to serve notice

§ 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.