1. 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. (1) the office of the attorney general;
   2. (2) independent counsel hired by the commission, whether full- or part-time; or
   3. (3) another state agency whose function is sufficiently distinct from the department of environment and each constituent agency to assure independent, impartial advice.
2. 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.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 74-6-17 NMSA 1978.

Compiler's notes. — Laws 1982, ch. 73, § 28, enacted this section as 74-1-8.1 NMSA 1978, but since Laws 1982, ch. 73, § 23, had already enacted 74-1-8.1 NMSA 1978, this section was compiled as 74-1-8.2 NMSA 1978.

Cross references. — For the definition of "commission", see 74-6-2 NMSA 1978.

For the general powers and duties of the commission, see 74-6-4 NMSA 1978.

The 1991 amendment, effective March 29, 1991, inserted "the water quality control" and "water quality control" preceding "commission" in the first sentence in Subsection A and in Subsection B; and, in Subsection A, substituted "department of environment" for "health and environment department" in Paragraph (3) and made a minor stylistic change.