2017 New Mexico Statutes
Chapter 74 - Environmental Improvement
Article 6 - Water Quality
Section 74-6-3.1 - Legal advice.
74-6-3.1. Legal advice.
A. In the exercise of any of its powers or duties, the water quality control commission shall act with independent legal advice. The manner in which such advice is provided shall be determined by the commission, but from among one of the following:
(1) the office of the attorney general;
(2) independent counsel hired by the commission, whether full- or part-time; or
(3) another state agency whose function is sufficiently distinct from the department of environment and each constituent agency to assure independent, impartial advice.
B. Notwithstanding the provisions of Subsection A of this section, attorneys from constituent agencies may act for the water quality control commission in lawsuits filed against or on behalf of the commission, and the attorney general may, at the request of the commission, file and defend lawsuits on behalf of the commission.
History: 1978 Comp., 74-1-8.1, enacted by Laws 1982, ch. 73, 28; recompiled as 1978 Comp., 74-1-8.2; 1991, ch. 25, 32; recompiled as 1978 Comp., 74-6-3.1 by Laws 1993, ch. 291, 18.
