85-7-1811. Procedure to correct errors and omissions in orders or decrees. (1) The district court shall retain jurisdiction of any petition presented to establish an irrigation district or to enlarge and increase its boundaries or to exclude land therefrom for the purpose of correcting any omissions, defects, or errors in the proceedings of said court. The court shall have power to correct and, if necessary, to amend the order of the district court establishing the district, any order extending the boundaries thereof, or any order excluding lands therefrom, including the description of lands included or intended to be included in the district or excluded therefrom or intended to be excluded, the boundaries of the divisions into which it is divided, and any other matter which shall be before the court on the application to create the district, to enlarge or extend its boundaries, or to exclude lands therefrom. The court shall have and is hereby granted power and authority on application of the board of commissioners of the district to correct and amend the terms of any order or judgment of said court so that the same shall conform to the provisions of the statute under the authority of which such order was made. The board of commissioners of any district may adopt a resolution directing its president and secretary to prepare, execute, and file with the clerk of the district court a petition which shall set forth the following matters:
     (a) the name of the district and a reference to the order in which the defect, error or omission, errors in description of lands included or excluded, or departure from the statute occurred;
     (b) a statement of the defects, errors, omissions, irregularities, errors in description of lands included or excluded, or variance from the statutory requirements;
     (c) a prayer for an order correcting said defects, errors, omissions, or irregularities.
     (2) If the error, defect, omission, irregularity, or variance is in the description of any land or lands embraced in the district, the petition shall set forth the correct description of said lands, the names of the holders of title or evidence of title thereto, ascertained in the manner provided in 85-7-101 and 85-7-102, and if any holder is a nonresident of the county or counties in which the district lies, the post-office address of such nonresident owner, if known. Upon the filing of said petition, the court shall direct notice of the hearing thereof to be given in such manner as shall be deemed necessary to protect the rights and interests of the parties and, after a hearing of any parties intervening, shall enter an order correcting the defects, errors, omissions, or irregularities. If the defects, errors, omissions, or irregularities are in the description of the lands embraced in the district, the district court or judge shall direct the clerk of said court to publish, at least once a week for 2 successive calendar weeks, in some newspaper published in said county where said petition is filed, a copy of said petition, together with a notice stating the time and place fixed by said district court when and where a hearing on said petition will be had, and, if any portion of the lands within said district lies within any other county or counties, said petition and notice shall be published as provided above in a newspaper published in each such other county. If there be no newspaper published in such county, such petition and notice may be published in an adjoining county. The first publication of said petition and notice shall be not less than 30 days prior to the time mentioned in said notice for said hearing. If any holder of title or evidence of title to lands within the district is a nonresident of the county or counties in which the district lies, the clerk of said court shall, within 3 days after the first publication aforesaid, mail a copy of said petition and notice to each such nonresident whose post-office address is stated in said petition. The certificate of the clerk of the district court, under the seal of the court, as to the facts of the publishing and mailing of said petition and notice, affixed to a copy of said notice, shall be sufficient evidence of such facts.
     (3) At the time specified in the notice the district court in which the petition aforesaid is filed shall hear the petition but may adjourn such hearing from time to time and may continue the hearing for want of sufficient notice or other good cause. The court, upon application of the petitioners or any person or persons interested, shall permit the petition to be amended and may order further or additional notice to be given. Upon such hearing, all persons interested may appear and contest the application for the order prayed for in the petition, and the contestants and petitioners may offer any competent evidence pertinent to the prayer of the petition.
     (4) The court may make such changes in the description of the lands embraced within the limits of the district as may be deemed advisable or as fact, right, and justice may require but shall not exclude from the district any lands described as a part of said district in the order creating it after the district has issued bonds or entered into a contract with the United States under 85-7-1906. However, such lands may be excluded from a district which has entered into a contract with the United States under said section, provided the secretary of the interior shall give his consent to such exclusion.
     (5) If, on final hearing, it is found by the court that the petition does not substantially comply with the foregoing requirements of this section or that the facts therein stated are not sustained by the evidence, then the court shall dismiss the petition at the cost of the petitioners and shall make and enter an order to that effect. If it is found that said petition substantially complies with said requirements and that the facts therein stated are sustained by the evidence, the court shall make and enter an order in accordance with the prayers of the petition.
     (6) All orders and findings of the district court made under the provisions of this section shall be conclusive upon all owners of lands within the district and shall be final unless appealed from to the supreme court within 60 days from the date of entry of such order. A copy of such order, duly certified to by the clerk of said court, shall be filed for record within 30 days after such order is made and entered with the county clerk and recorder of the county wherein the lands included within such district are situated. There shall be omitted from such copy lands not situated in the county in which such copy is filed.

     History: En. Sec. 1, Ch. 54, L. 1923; re-en. Sec. 7189.1, R.C.M. 1935; amd. Sec. 1, Ch. 13, L. 1937; R.C.M. 1947, 89-1403.