The governing body of a town or municipality may allow the overflow, obstruction, or impairment of a public street or other highway, or the digging of a raceway in a public street or highway if it is necessary for creating, improving, or operating a waterpower.
(a) The waterpower must petition the governing body of the town or municipality where the street or highway is located for approval.
(b) The governing body of the town or municipality must post notice of the time, location, and purpose of the meeting on the petition for ten days. At the meeting, testimony may be taken. The governing body must make an order specifying the terms and conditions of the approval.
(c) The expenses of the meeting must be paid by the petitioner, whether the petition is granted or refused.