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6 regarding administration of the ISF Program were best determined by the CWCB, "an . ,administrative agency which may avail itself of expert scientific opinion,,,1Q The AG's Office concluded that if scientific evidence indicated that inundation would harm or destroy the natural environment protected by an ISF water right, the CWCB could rely upon the Crystal River case to support its ability to protect an ISF water right from the injury resulting from such an inundation. In the Crystal River case, the Supreme Court described the CWCB's authority to appropriate instream flows and natural lake levels as involving ". . , only that part of the natural environment where survival is affected by stream flow and lakes.,,11 This supports the conclusion that the beneficial use of an ISF water right is to protect a stream reach where survival is affected by stream flow. Inundating that reach of stream could result in denying the CWCB the beneficial use of its ISF water right because the purpose of the original appropriation would be defeated, Denying the holder of a water right the beneficial use of that right can constitute injury even when the volume of the water right is not diminished. 5. Conclusion It is important to note that every proposed i'nundation involves numerous variables, including the size and location of the proposed impoundment and the natural environment preserved by the potentially affected ISF water right. ISF Rule 7 recognizes that the Board must consider all: relevant factors related to a proposed inundation, including benefits that could result ,from the proposed project and mitigation offered to offset adverse impacts to the ISF water right. The Board has considerable discretion under ISF Rule 7 to weigh and balance the variables of each proposed inundation on a case-by-case basis. . The purpose of this agenda item is to respond to questions and concerns expressed by the Board. No Board action is required. Attachments 10 594 P.2d at 576. 111d. .