Additional penalties: Order to replace water.

1. In addition to any penalty assessed pursuant to NAC 532.210 , the State Engineer may, pursuant to NRS 533.481 or 534.193 , order the respondent against whom the penalty is assessed to replace not more than 200 percent of any water unlawfully used, wasted or diverted. 2. Before ordering a replacement of water, the State Engineer will consider: (a) The value or quantity of water unlawfully used, wasted or diverted, including, without limitation, the cost or difficulty of replacing the water; (b) The gravity of the violation, including, without limitation, any economic injury or impact to other persons; (c) Whether the respondent attempted to comply with any applicable orders of the State Engineer; and (d) The economic benefit, if any, derived by the respondent from the violation.