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<br />" <br />.~ .c,-,.' . <br /> <br />. <br /> <br />Adoption of the Rules <br /> <br />. ISF Rule 7 was a compromise between the eWCB, <br />environmental interests, and the water development <br />community. <br /> <br />. No formal challenges were made to the ISF Rules. <br /> <br />. ISF Rule 7 has not been revised since its adoption in <br />1993. <br /> <br />. <br /> <br />Legal Issues Related to Inundation <br /> <br />. Process leading up to adoption of ISF Rule 7 included <br />legal analyses of whether Inundation of an ISF water <br />right constituted injury. <br /> <br />. Supreme Court in Crystal River case expressly <br />recognized dewatering as injury. <br /> <br />. But Court also said that eWCB best able to determine <br />technical questions relating to administration of ISF <br />Program. <br /> <br />. If scientific evidence shows that inundation would harm <br />or destroy the natural environment protected by an ISF, <br />e~eB could rely upon ery~tal River c;:ase to support <br />ability to protect ISF from injury resulting from <br />inundation. <br /> <br />. <br /> <br />9 <br />