§ 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.