Nevada Administrative Code (Last Updated: January 6, 2015)

NAC532.220. Additional penalties: Order to replace water.

Latest version.

     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.

(Added to NAC by St. Engineer by R024-08, eff. 9-18-2008)

                    
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