82

In case of any controversy arising between such town or village officer and the said municipal corporation diverting such fresh water as to the depth or width of said tidewater creek or estuary, the commissioner of transportation shall, within ten days after notice to him cause said tidewater creek or estuary to be inspected and a report as to its condition to be filed in the office of the department of transportation, and the depth at low-water mark as certified to by him shall be deemed correct, and the expense of such inspection shall be paid by said municipal corporation, which corporation shall have fifteen days from and after the filing of such report in which to put such tidewater creek or estuary into the proper navigable condition herein provided for.