§ 41-8-110 — Referendum prerequisite to establishment; counting and recording votes; action upon results; certification of fact when created

The votes cast in the referendum shall be counted by the polling
officers at the close of the polls and a report of the results,
along with the ballots, shall be delivered to the polling
superintendent, who shall certify the results to the board of
supervisors; and the board shall then consider and determine
whether the operation of the district within the defined
boundaries is administratively practicable and feasible. If the
board of supervisors shall determine that the operation of the
watershed improvement district is not administratively
practicable and feasible, it shall record such determination and
deny the petition. If the board of supervisors shall determine
that the operation of the watershed improvement district is
administratively practicable and feasible, it shall declare the
watershed improvement district to be created; provided, however,
that the board of supervisors shall not have authority to
determine that the operation of the watershed improvement
district is administratively practicable and feasible unless at
least a majority of the votes cast in the referendum, which
affirmative votes represent a majority of the acreage contained
in the proposed watershed improvement district, favor creation
of the watershed improvement district. Upon declaring the
watershed improvement district to be created, the board of
supervisors shall certify the fact of the creation of the
district to the county clerk of the county or counties in which
the district is situated, for recordation; and the watershed
improvement district shall thereupon constitute a governmental
subdivision of this state and public body corporate and politic.
After being recorded, the certificate of the board of
supervisors shall be filed with the secretary of state, and a
copy thereof shall be filed with the state conservation
commission.