[Suits concerning water rights; submission of facts to jury

or referee.] In any suit concerning water rights, or in any suit or appeal provided for in this article, the court may in its discretion submit any question of fact arising therein to a jury, or may appoint a referee or referees to take testimony and report upon the rights of the parties. History: Laws 1907, ch. 49, § 37; Code 1915, § 5696; C.S. 1929, § 151-149; 1941 Comp., § 77-407; 1953 Comp., § 75-4-7.