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.
Structure New Mexico Statutes
Section 72-2-1 - Appointment; removal; qualifications; duties; office; private practice prohibited.
Section 72-2-2 - Assistants; salary.
Section 72-2-3 - [Oath of office; bond.]
Section 72-2-4 - Payment of accounts.
Section 72-2-5 - Annual report.
Section 72-2-6 - Fees; amount; disposition.
Section 72-2-7 - [Records to be public; certified copies as evidence.]
Section 72-2-9 - [Supervising apportionment of waters.]
Section 72-2-9.1 - Priority administration; expedited water marketing and leasing; state engineer.
Section 72-2-9.2 - Office of the state engineer; devices to measure river water.
Section 72-2-10 - [Legal advisers; duties.]
Section 72-2-11 - [Board of water commissioners abolished; pending appeals.]
Section 72-2-12 - Hearing examiners.
Section 72-2-13 - Depositions, written interrogatories and administrative conferences.
Section 72-2-14 - Subpoena power.
Section 72-2-16 - Hearings required before appeal.
Section 72-2-17 - Hearing; notice; conduct; record.
Section 72-2-18 - State engineer; enforcement; compliance orders; penalty.
Section 72-2-19 - Advanced mapping fund; created.
Section 72-2-20 - Notice of applications; online posting; notice by publication; objections.