(1) A person owning or controlling an irrigation canal, ditch, reservoir, millrace, or other waterway leading from or into a state waterway containing protected aquatic wildlife shall provide the notice described in Subsection (2) if the person:
(a) desires to drain the waterway; or
(b) intends to divert sufficient water from a state waterway endangering the protected aquatic wildlife in the state waterway.
(2) If the conditions described in Subsection (1) are met, the person shall give five days' written notice to the division before the diversion except that under emergency conditions the person shall give reasonable notice.