As explained at trial, the thread of the stream is that portion of a waterway which would be the last to dry up. Where the thread of the main channel of a river is the boundary line between two estates and it changes by the slow and natural processes of accretion and reliction, the boundary follows the channel. Ziemba v. Zeller, 165 Neb. 419, 86 N.W.2d 190 (1957). The processes of accretion and reliction are not, however, to be confused with avulsion; avulsion has been defined by this court as a "`"sudden and perceptible loss or addition to land by the action of water, or a sudden change in the bed or course of a stream.
State v. Ecklund, 147 Neb. 508, 23 N.W.2d 782. Accretion is the process of gradual and imperceptible addition of solid material, called alluvion, thus extending the shore line out by deposits made by contiguous water, or by reliction, the gradual withdrawal of the water from the land by the lowering of its surface level from any cause. Where by the process of accretion and reliction, the water of a river gradually recedes, changing the channel of the stream and leaving the land dry that was theretofore covered by water, such land belongs to the riparian owner. Ziemba v. Zeller, 165 Neb. 419, 86 N.W.2d 190. Accordingly we will refer to the land herein involved as accretion land without making an effort to determine where accretion ends and reliction begins."
Past cases have illustrated the sorts of events that constitute avulsion. See, Anderson v. Cumpston, supra (party admitted that change in thread of Platte River was brought about suddenly by artificial structures and diversion, thus doctrine of avulsion applied and boundary remained in center of old channel); Ziemba v. Zeller[165 Neb. 419, 86 N.W.2d 190 (1957) ] (based on photographs and eyewitness reports, construction of diversion dam and riprapped dike some 700 to 800 feet long, which shut off main channel, constituted avulsion); Ingraham v. Hunt, 159 Neb. 725, 68 N.W.2d 344 (1955) (flash floods that suddenly, violently, and visibly moved channel of river far toward north of original channel can be considered avulsion); Conkey v. Knudsen, supra (evidence was sufficient to show ice gorge created by spring floods in 1910 altered course of Missouri River and constituted avulsion, not accretion).
"Accretion is the process of gradual and imperceptible addition of solid material, called alluvion, thus extending the shore line out by deposits made by contiguous water," and reliction is "the gradual withdrawal of the water from the land by the lowering of its surface level from any cause." Ziemba v. Zeller, 165 Nev. 419, 86 N.W.2d 190, 193 (Sup.Ct. 1957). Both theories are recognized in New Jersey. Skowysz v. Ventnor, 110 N.J. Super. 340, 349 (Law Div. 1969), aff'd 56 N.J. 168 (1970).
78 Am.Jur.2d, Waters, s. 406, p. 852. See, also, Ziemba v. Zeller, 165 Neb. 419, 86 N.W.2d 190; Mercurio v. Duncan, 131 Neb. 767, 269 N.W. 901.Valder v. Wallis, 196 Neb. 222, 224, 242 N.W.2d 112, 114 (1976) (emphasis added).
177 Neb. 570, 129 N.W.2d 491, 496 (1964). Accord, Valder v. Wallis, 196 Neb. 222, 242 N.W.2d 112 (Neb. 1976); Krimlofski v. Matters, 174 Neb. 774, 119 N.W.2d 501 (1963); Ziemba v. Zeller, 165 Neb. 419, 86 N.W.2d 190 (1957).See also, Lundquist, " Artificial Additions To Riparian Land. Extending the Doctrine of Accretion, 14 Ariz.L.Rev. 315 (1972); Beck, The Wandering Missouri River: A Study in Accretion Law, 43 N.D.L.Rev. 429, 449 (1967); 63 A.L.R.3d 249.
Babel, 17 Neb.App. at 417, 765 N.W.2d at 240. The thread of the stream is that portion of a waterway which would be the last to dry up. Madson v. TBT Ltd. Liability Co., 12 Neb.App. 773, 686 N.W.2d 85 (2004) (citing Ziemba v. Zeller, 165 Neb. 419, 86 N.W.2d 190 (1957)). Here, the evidence shows that Lot 9 was originally part of an island located in the Middle Loup River, with a channel of the river running on the north of the island and a channel running on the south.
Henry H. Foster, Nebraska Law of Adverse Possession, 11 Neb. L. Bull. 378, 380 (1933). See, also, Ziemba v. Zeller, 165 Neb. 419, 86 N.W.2d 190 (1957) (indicating that once period of limitations has run, title is vested in adverse possessor); Criswell v. Criswell, 101 Neb. 349, 163 N.W. 302 (1917) (stating that adverse possession of land for period of limitation operates of itself as grant of all adverse title and interests to occupants). Thus, there is nothing left for the adverse possessor to do to gain title, i.e., no application to the city or any other authority need be made, once the period of limitations has run.
Payment of taxes is a circumstance which may be considered with all other circumstances in determining the question of adverse possession. Ziemba v. Zeller, 165 Neb. 419, 86 N.W.2d 190 (1957). However, in the case before us, payment of taxes as a factor is greatly outweighed by the other attendant circumstances.
Reliction is "the gradual [and imperceptible] withdrawal of water from the land by the lowering of its surface level." Garrett v. State, 118 N.J. Super. 594, 600 (Ch.Div. 1972) (quoting Ziemba v. Zeller, 165 Neb. 419, 422, 86 N.W.2d 190, 193 (Sup.Ct. 1957)). Moreover, the last paragraph of the Statement observes that any alterations in lines shown may be accomplished "[t]o the extentnot precluded by the Constitution or applicable law" (emphasis added).