SECTION 33. Overflowing public ways; petition

If a person who owns, erects or maintains a water mill or a dam to raise water for working such mill upon or across a stream not navigable desires to raise, erect or maintain a dam at such a height or in such a manner as to overflow or otherwise injure an existing public way, he may apply by petition to the commissioner of environmental protection, hereinafter called the commissioner, stating the height at which it is desired to maintain such dam and the ways which may be injured thereby, and asking for the alteration, change of grade or specific repairs of such ways.