N.Y. Navigation Law § 85: Penalty

§ 85. Penalty. Any corporation or individual continuing to divert

water from such fresh water stream without maintaining the navigable

depth of the tidewater creek or estuary into which it flows, as herein

provided for, shall be liable to a penalty of fifty dollars per day for

each and every day such diversion is continued, computing from the

expiration of forty days after notice is given as provided in section

sixty-one, which penalty may be sued for and recovered by such

supervisor or village president in the name of the town or village in

which such tidewater creek is so located, and the amount recovered shall

be paid into the treasury of such town or village.