N.M. Stat. § 74-6-3.1
Legal advice. (Repealed effective July 1, 2036.)
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.