§180-7  Determining feasibility of operation
of district.  The department of land and natural resources shall, within a
reasonable time thereafter, determine whether the operation of the proposed
district would be administratively practicable and feasible; provided that it
shall not have the authority to determine in favor of the creation of the
district unless at least a majority of the votes cast in the referendum shall
have been cast in favor thereof.  In making such determination and in
determining the need for a proposed district, the department shall give due
regard to the topography, composition of soils, distribution of erosion,
prevailing land use practices within the proposed district, the probable
expense of carrying on erosion control operations within the district and other
relevant geographical, physical, economic, and social factors.  If the
department determines in favor of the creation of a district it shall make
public the result of the election to elect directors.  The three candidates who
receive the largest number, respectively, of the votes cast in the election,
shall be the elected directors for the district and the department shall
appoint two directors to act with the three elected directors as the governing
body of the district. [L 1947, c 191, pt of §5; RL 1955, §28-10; am L Sp 1959
2d, c 1, §22; am L 1961, c 132, §2; am L 1967, c 145, §§1, 2; HRS §180-7]