N.Y. Navigation Law § 83: Injunction

§ 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.