37-1033

37-1033. Determination by commissioner

A. If, after final hearing upon a petition, the commissioner determines upon the
facts presented and other relevant information that a district within the territory
considered is in the public interest, he shall record such determination and define the
boundaries of the district. In defining the boundaries, he shall consider:

1. The topography of the area.

2. The character of soils.

3. The distribution of erosion.

4. Prevailing land use practices.

5. The desirability and necessity of including within the boundaries of the
district the particular lands under consideration and the benefits to be received by such
inclusion.

6. The relation of the proposed area to existing watersheds and agricultural
regions, and to other districts already organized or proposed for organization.

7. Such other physical, geographical and economic factors as are relevant.

B. In defining the boundaries of the district, the commissioner shall not include
therein any area, land or property of any person or persons who do not desire to have
such area, land, or property included in such district. Notwithstanding any provision of
this chapter to the contrary, lands held under certificate of purchase or lease from the
state shall not be included in any district if the holder or holders of certificates of
purchase or the leases therefor do not desire such lands included.

C. If the commissioner determines that it is not in the public interest for a
district to function in the territory considered, he shall record such determination and
deny the petition.

D. After expiration of eighteen months from the date of entry of a determination by
the commissioner that operation of a proposed district is not administratively and
economically feasible, and denial of a petition pursuant to that determination, petitions
may again be filed and action taken in accordance with the provisions of this chapter.