§ 11-16-109 — Notice and hearing on petition; approval or denial; criteria

After the hearing, if the commission determines, upon the facts
presented at the hearing and other relevant facts that are
available, that there is need in the interest of the public
health, safety and welfare for a conservation district to
function in the territory considered at the hearing, it shall
record such determination and define by metes and bounds or by
legal subdivisions the boundaries of the district. In making the
determination and defining the boundaries, the commission shall
give weight and consideration to the topography of the area
considered and of the state, the composition of soils therein,
the distribution of erosion, the carrying capacity and condition
of grazing lands, the numbers of livestock grazed, the
prevailing land use and management practices, the desirability
and necessity of including within the district the particular
lands under consideration and the benefits such land may receive
from being included within the district, the relation of the
proposed district to existing watersheds and agricultural
regions and to other conservation districts already organized or
proposed for organization, and such other physical, geographical
and economic factors as are relevant, having due regard to the
legislative policy set forth in W.S. 11-16-103. The territory
included within the district need not be contiguous. If the
commission determines there is no need for a conservation
district to function in the territory considered at the hearing,
it shall record such determination and deny the petition. Any
owner of lands within a proposed district which is less than a
countywide district may have his owned and leased lands excluded
from the proposed district upon presentation of a petition and
description of the lands to the commission not less than seven
(7) days prior to the holding of the referendum for the
organization of the district.