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Show 738 which it forms a part." 144 Seepage water forming a natural accretion to a stream is a part of the stream; an appropriator on the stream has the right to all such tributary flow even as against the owner of the land on which it rises.146 Appropriative rights in Montana are not subject to statutory for- feiture, that is, to loss for nonuse occurring over a prescribed period of years. The statutes provide that upon abandonment and cessation of use of water by the appropriator or his successor in interest, the right ceases; but that questions of abandonment shall be questions of fact, to be determined as other questions of fact.146 Issues of abandonment of water rights have been raised in a number of cases decided by the supreme court.147 Determinations of water rights are made solely by the courts, but a procedure is provided by statute under which the State Water Con- servation Board may initiate adjudications of rights of use of the waters of streams by directing the State Engineer to bring actions. The State Engineer or any party may apply to the court for the appointment of a referee to whom the court may submit any and all issues of fact. The making of hydrographic surveys by the State Engineer, to be introduced in evidence, is provided for.148 Commissioners may be appointed by the courts, upon petition of parties affected, for the purpose of dis- tributing water to the holders of decreed water rights.149 Nebraska The constitution of Nebraska dedicates the use of the water of every natural stream to the people of the State, and provides that the right to divert unappropriated waters thereof for beneficial use shall never be denied except when such denial is demanded by the public interest.160 It is also declared that the necessity of water for domestic and irrigation purposes is a natural want;1B1 that priority of appropriation shall give the better right as between users of water for the same purpose, but that in the event of insufficiency of supply domestic purposes have first preference and agriculture has preference over manufacturing; pro- 141 Woodward v. Perkins, 116 Mont. 46, 52, 147 Pac. (2d) 1016 (1944), citing Ryan v. Quinlan, 45 Mont. 521, 532, supra, footnote 143. 148 Beaverhead Canal Co. v. Dillon Electric Light & Power Co., 34 Mont. 135, 140-141, 85 Pac. 880 (1906); Woodward v. Perkins, 116 Mont. 46, 53-54, 147 Pac. (2d) 1016 (1944). 146 Mont. Rev. Codes 1947, Ann., § 89-802. 147 The principles of abandonment are well stated in Thomas v. Ball, 66 Mont. 161,166-168, 213 Pac. 597 (1923). 148 Mont. Rev. Codes 1947, Ann., §§ 89-847 to 89-855. 149 Mont. Rev. Codes 1947, Ann., §§ 89-1001 to 89-1024. ™°Nebr. Const., art. XV, §§ 5 and 6. 151Nebr. Const., art. XV, § 4. |