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.