Attorney

Why does the job exist?
This position will represent and provide legal counsel services to the Water Rights Division (WRD) of the State Engineer's Water Rights Allocation Program (WRAP) in aggrieved and protested water right applications and administrative hearing proceedings, file and litigate enforcement actions against illegal water users, represent the State Engineer in appeals from OSE administrative hearings and enforcement actions, and provide general legal counsel to the State Engineer and WRAP in matters relating to water rights administration.

How does it get done?

• Provide legal counsel services for the Water Rights Division of WRAP.
• Provide legal representation for WRD in OSE administrative hearings, including all pre-hearing, hearing and post-hearing activities, including negotiations of settlements;
• Communicate regularly with lead and managing attorneys and confer with same regarding legal strategy;
• Prepare pleadings, motions, memos and briefs in assigned cases;
• Provide draft pleadings in a timely manner for review;
• Coordinate with expert witnesses, lay witnesses, technical and administrative support staff for all pretrial, trial, and post-trial activities.
• Advise all divisions of WRAP on legal issues pertaining to water rights administration.

Provide legal counsel services for the State Engineer in enforcement actions against illegal water users.

• Research pertinent water rights files referred to the ALU to help determine whether an illegal diversion of water has occurred and whether enforcement action is appropriate;
• Assist with prosecution of selected enforcement matters, including all pre-trial, trial and post-trial activities;
• Prepare pleadings, motions, memos and briefs in assigned enforcement cases.

Provide legal counsel services for the State Engineer in appeals from OSE administrative hearings and enforcement actions.

• Represent the State Engineer in appeals in district court from OSE administrative hearings, including all pre-hearing and post-hearing activities;
• Represent the State Engineer in appeals to the appellate courts from district court proceedings in administrative hearing cases and enforcement actions. Prepare appellate pleadings, motions, and briefs filed in assigned appeal;
• Communicate regularly with managing attorney and confer with same regarding legal strategy;
• Provide draft appellate pleadings and briefs in a timely manner.

Advise the State Engineer in other legal matters.

• Research complex and specialized areas of water law for administrative hearings.
• Assist with conducting research and legislative bill analysis, and provide legal advice on issues as requested for the State Engineer, General Counsel, Program Directors, and Bureau Chiefs

Who are the customers?
Attorneys may represent the State of New Mexico, the State Engineer, and the Water Rights Division of the Office of the State Engineer.

Ideal Candidate:
The ideal candidate will have experience with:

• Water rights and natural resource issues, especially New Mexico's constitutional prior appropriation system;
• Representing agencies and clients before administrative tribunals, in trials and/or in judicial proceedings;
• Drafting and editing legal documents such as motions, interrogatories, and briefs, including performing needed legal research and analysis;
• Working in cooperation with lawyers and non-lawyers to understand, articulate and implement pubic agency policy;
• Working with technical, engineering, hydrological and other scientific experts.

Minimum Qualification:
Juris Doctorate degree from an accredited school of law. Must be licensed as an attorney by the Supreme Court of New Mexico or qualified to apply for limited practice license.

Employment Requirements:
All Attorney classifications must be and remain licensed as an attorney, in good standing, by the Supreme Court of New Mexico, or licensed as an attorney and in good standing by the highest court of another state and eligible pursuant to the limited license provisions (See Rules 15-301.1 and 15-301.2 NMRA).

Working Conditions:
Work is performed in the field and in an office setting with exposure to Visual/Video Display Terminal (VDT) and extensive computer and phone usage. May be required to travel with constant deadlines, ability to handle the pressures, multiple demands and stress associated with work requirements.

Supplemental Information:
Do you know what Total Compensation is? Click here (http://www.spo.state.nm.us/total-compensation.aspx)

Agency Contact Information: R. Alfred Walker (505) 372-8851 Email (alfred.walker@ose.nm.gov)

For information on Statutory Requirements for this position, click the Classification Description link on the job advertisement.

Bargaining Unit Position:
This position is not covered by a collective bargaining agreement.