SDCL § 46A-10B-3: Joint powers agreement required.

No drainage basin utility district may be established unless each county and each municipality located wholly or partially within the proposed district has executed a joint powers agreement establishing the district, in accordance with the provisions of this chapter. No district may be established unless at least one county included wholly or partially within the proposed district has a total population greater than forty-five thousand according to the most recent United States census.

Source: SL 1989, ch 388, § 3.