SENATE BILL 265

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Joseph Cervantes

AN ACT

RELATING TO THE STATE ENGINEER; REQUIRING THE STATE ENGINEER TO BE A LICENSED NEW MEXICO ATTORNEY WITH WATER LAW EXPERIENCE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 72-2-1 NMSA 1978 (being Laws 1907, Chapter 49, Section 4, as amended) is amended to read:

     "72-2-1. APPOINTMENT--REMOVAL--QUALIFICATIONS--DUTIES--OFFICE--PRIVATE PRACTICE PROHIBITED.--There shall be a "state engineer" who shall be a technically qualified and registered professional engineer under the Engineering and [Land] Surveying Practice Act and a licensed New Mexico attorney with water law experience and shall be appointed by the governor and confirmed by the senate. [He] The state engineer shall hold office for the term of two years or until [his] a successor has been appointed and has qualified. [He] The state engineer is subject to removal only for cause. [He] The state engineer has general supervision of waters of the state and of the measurement, appropriation, distribution thereof and such other duties as required. The salary of the state engineer shall be set by the governor, and [he] the state engineer shall receive necessary traveling expenses while away from [his] the office of the state engineer in the discharge of official duties pursuant to the provisions of the Per Diem and Mileage Act. The "office of the state engineer" shall be located at the seat of government. [He] The state engineer shall not engage in any private practice."

     SECTION 2. APPLICABILITY.--The provisions of this act apply to a state engineer appointed on or after January 1, 2019.

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