1. It shall be unlawful for any person to dry up, impede or interfere with the free flow of water through any fish ladder upon any stream in this State, when there is sufficient unappropriated or unused water in such stream for use therein, by diverting the same from above and around such fish ladder by means of any ditch, canal or aqueduct, and permitting the same to waste, spill or flow back into the stream below such fish ladder by means of a spillway, tailrace, overflow, underpass, headgate or other appliance not equipped with an efficient and adequate fish ladder.
2. This section shall not be construed to impair any subsisting right to divert water from such stream for irrigation, domestic or culinary purposes.
[31:101:1947; 1943 NCL § 3035.31]