2018 New Mexico Statutes
Chapter 72 - Water Law
Article 2 - State Engineer
Section 72-2-10 - Legal advisers; duties.]
The attorney general and the district attorney of the county in which legal questions arise, shall be the legal advisers of the state engineer, and shall perform any and all legal duties necessary in connection with his work, without other compensation than their salaries as fixed by law, except when otherwise provided.
History: Laws 1907, ch. 49, § 38; Code 1915, § 5697; C.S. 1929, § 151-150; 1941 Comp., § 77-210; 1953 Comp., § 75-2-10.
Cross references. — For review of state engineer's regulation, code or special order, prior to filing, by attorney general and district attorney, see 72-2-8 NMSA 1978.
Section makes district attorney more than mere adviser since it requires him to "perform any and all legal duties necessary in connection with his work." 1964 Op. Att'y Gen. No. 64-127.
District attorney may not represent applicant before state engineer on water and water right matters that arise in any of the counties within his jurisdiction as state has an interest in matters involving public water. 1964 Op. Att'y Gen. No. 64-127.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Counsel, power of water commissioners to employ, 2 A.L.R. 1212.
7A C.J.S. Attorney General § 7; 27 C.J.S. District and Prosecuting Attorneys § 10.
