80 - Three feet depth to be maintained.

§ 80. Three   feet  depth  to  be  maintained.  Whenever  a  municipal  corporation shall divert or cause to be diverted the water, or a portion  thereof, of a fresh water stream or streams outside  the  limits  of  an  incorporated  city  flowing  into  a  tidewater  creek  or estuary which  tidewater creek or estuary  before  such  diversion  was  navigable  for  vessels  of  twenty  or  more  tons  burden, it shall be the duty of the  corporation so diverting or  causing  to  be  diverted  such  stream  or  streams of fresh water to keep said navigable tidewater creek or estuary  deepened  to the depth of at least three feet at low water mark from its  mouth to the head of tidewater for the full natural width of said creek,  and to maintain such navigable depth of water at all times, but  in  the  county  of  Nassau  it shall not be compulsory to maintain such depth to  any greater width than fifty feet.