§ 14-125-205 — Results of referendum - Final determination by commission

(a) The commission shall publish the result of the referendum and shall thereafter consider and determine whether the operation of the district within the defined boundaries is administratively practicable and feasible. (b) If the commission shall determine that the operation of the district is not administratively practicable and feasible, it shall record the determination and deny the petition. (c) If the commission shall determine that the operation of the district is administratively practicable and feasible, it shall record the determination and shall proceed with the organization of the district in the manner hereinafter provided. (d) In making the determination the commission shall give due regard and weight to the attitudes of the owners of lands lying within the defined boundaries, the number of landowners eligible to vote in the referendum who shall have voted, the proportion of the votes cast in the referendum in favor of the creation of the district to the total number of votes cast, the approximate wealth and income of the landowners of the proposed district, the probable expense of carrying on erosion-control operations within the district, and other economic and social factors as may be relevant to the determination, having due regard to the legislative determinations set forth in §§ 14-125-102 - 14-125-104 . (e) However, the commission shall not have authority to determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible unless at least two-thirds (2/3) of the votes cast in the referendum upon the proposition of the creation of the district shall have been cast in favor of the creation of the district.

Legislative History

Acts 1937, No. 197, § 5; Pope's Dig., § 11837; A.S.A. 1947, § 9-905.