§ 14-125-903 — Results of referendum - Practicability and feasibility of continued operation

(a) The commission shall publish the result of the referendum and shall thereafter consider and determine whether the continued operation of the district within the defined boundaries is administratively practicable and feasible. (b) If the commission shall determine that the continued operation of the district is administratively practicable and feasible, it shall record the determination and deny the petition. (c) If the commission shall determine that the continued operation of the district is not administratively practicable and feasible, it shall record that determination and shall certify that determination to the directors of the district. (d) In making that determination the commission shall give due regard and weight to: (1) The attitudes of the owners of lands lying within the district; (2) The number of landowners eligible to vote in the referendum who shall have voted; (3) The proportion of the votes cast in the referendum in favor of the discontinuance of the district to the total number of votes cast; (4) The approximate wealth and income of the landowners of the district; (5) The probable expense of carrying on erosion control operations within the district; and (6) Such other economic and social factors as may be relevant to the determination, having due regard to the legislative findings set forth in §§ 14-125-102 - 14-125-104 . (e) However, the commission shall not have authority to determine that the continued operation of the district is administratively practicable and feasible unless at least a majority of the votes cast in the referendum shall have been cast in favor of the continuance of the district.

Legislative History

Acts 1937, No. 197, § 12; Pope's Dig., § 11844; A.S.A. 1947, § 9-913.