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Colorado water law ... normally involve[s] the placement of dams and diversion structures in streams." (v. II, p. 369). Another co- sponsor of SB 97 also subsequently stated that legislators "were worried that somebody might come along and want a bank -to -bank type appropriation which would create havoc all the away (sic) down the stream." (v. II, p. 406) (emphasis added). The Legislature's concerns were obviated when this Court upheld SB 97, but reiterated that physical diversion from the stream was still an essential element of appropriations for water users other than the CWCB. CWCB 594 P.2d at 574. The Court specifically "emphasized" that it was "not hereby causing any erosion of the many opinions of this court ... holding that a diversion. is an essential element of the water appropriations" in Colorado. Id. (emphasis added), citin Guiraud Luthe, Rocky Mountain Water and Miller Thus, while the CWCB could appropriate instream flows, other appropriators were still subject to the long- standing diversion requirement or the requirement that the water be controlled in its natural course or location by storage in the streambed for later diversion. In light of this background, this Court must now determine whether claiming the maximum flows within a stream by rock arrangements constitutes a diversion, capture, possession, and control of the water or whether the rocks simply allow the water to continue to flow as an instream flow within the natural channel. The term "instream flow" is used to "mean the same thing as streamflow, which is simply water flowing within a natural channel." D. Gillilan & T. Brown, Instream Flow Protection: Seeking a Balance in Western Water Use p. 8, (1997). There is no question that the Applicant has claimed a water right for water simply flowing within the natural stream channel. Because the water continues to flow as it did prior to 11