Any person owning, erecting, managing, or controlling any dam or other obstruction across any river, creek, or stream within or forming the boundary of this state, at the director‘s direction, shall construct and keep in good repair, a durable and efficient fishway in the manner, shape, and size as the director may direct. Upon failure to construct or maintain the fishway, after giving the person ten days’ notice, the director may construct or repair the fishway and recover the costs from the person owning, erecting, managing, or controlling the dam or obstruction. No person may construct any fishway without the approval of the director.