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appropriate water for instream uses. Article XVI, section 6 of the Colorado Constitution provides that "[t]he right to divert the unappropriated waters of any natural stream to beneficial uses shall never be denied." (Emphasis added). "The reason and thrust for this provision was to negate any thought that Colorado would follow the riparian doctrine in the acquisition and use of water." CWCB, 594 P.2d at 574. Until SB 216, the Colorado prior appropriation system required a physical diversion, whereas the previously rejected riparian system allows water to be claimed for instream uses. Id. Thus, the constitutional right to divert does not grant a constitutional right to instream uses. Article XVI, section 5, of the Colorado Constitution provides that "[t]he water of every natural stream, not heretofore appropriated, within the state of Colorado, is hereby declared to be the property of the public, and the same is dedicated to the use of the people of the state, subj ect to appropriation as hereinafter provided." This Court has already rejected the argument "that section 5 of Article XVI of the Colorado Constitution establishes the public right to recreational use of all waters in the state." People v. Emmert, 597 P.2d 1025, 1028 (Colo. 1979). In rejecting a constitutional right to recreational use of Colorado's water, the Colorado Supreme Court recognized that "the increasing demand for recreational space ... is to be accommodated [by] the legislative process. ..." Emmert, 597 P.2d at 1029. This Court has also always recognized the right of the Legislature to define terms, such as beneficial use, or to limit instream flow appropriations to "minimum" amounts. Seee•g•, Colorado Ground Water Com'n v. North Kiowa-Bijou Groundwater Management Dist., 77 P.3d 62, 78 fn. 34 (Colo. 2003); CWCB, 594 P.2d at 574. It is clearly the duty of the Legislature, not the water courts, to 7