If the drainage commission finds the drainage improvement proposed and finally agreed upon with the representatives of the other state or states conducive to the public health, convenience, or welfare, or necessary or practicable for draining agricultural lands, and that the cost thereof apportioned to be paid by this state does not exceed the benefits conferred, it shall establish such drainage improvement and give the same a name so far as the same shall be within the limits of this state.

Source: SDC 1939, § 61.1109; SDCL, § 46-23-24.