Interlocal Cooperation in Public Works

Joint Municipal Utility Services Act

The Joint Municipal Utility Services Act (Ch. 39.106 RCW), passed by the legislature in 2011, created a new type of intergovernmental municipal corporation to improve the ability of local government utilities to plan, finance, operate, and provide facilities and utility services to the public. Under the Act, local governments may enter into joint municipal utility services agreements to form independent municipal corporations to perform any or all of the utility services that their participating members may perform, including water, sewer, stormwater, and flood control services.

Agreements forming an authority must be filed with the Washington state secretary of state which will provide a certificate of filing. An authority is officially formed as of that filing date.

Examples of Joint Municipal Utility Services Authority Agreements

• Cascade Water Alliance Joint Municipal Utility Services Agreement (2012) – The Alliance was originally a nonprofit formed in 1999 through interlocal cooperation agreements with Bellevue, Issaquah, Kirkland, Redmond, Sammamish Plateau Water & Sewer District, Skyway Sewer District, and Tukwila. It changed to a Joint Municipal Utility Services Authority. For more information on the Alliance, see the Cascade Water Alliance website.
• Discovery Clean Water Alliance Interlocal Formation Agreement (2012) – The Discovery Clean Water Alliance was formed by Battle Ground, Ridgefield, Clark County, and the Clark Regional Wastewater District. For more information on the Alliance, see the Discovery Clean Water Alliance website. 
• Three Rivers Regional Wastewater Authority Joint Municipal Utility Services Agreement (2015) – Municipal corporation was formed by Cowlitz County, Longview, Kelso, and Beacon Hill Water & Sewer District to provide wastewater treatment and transmission services to its members. It reorganized into a JMUSA effective in 2016. The document link also includes the adopting resolution. For more information on the regional authority, see the Three Rivers Regional Wastewater Authority website.

Examples of Services, Equipment, and Supplies Sharing Agreements

• Ferry County Public Works /Grant County Public Works Agreement for Cooperative Use of Facilities, Equipment, Materials, and Personnel (2020) – The public works agencies can add letters of understanding to the interlocal agreement related to sharing facilities and resources, including site improvements, joint purchasing, maintenance responsibilities, and more. 
• Fircrest/Steilacoom/University Place Interlocal Agreement (2000) – For mutual aid during public works emergencies.
• Longview/Cowlitz County Interlocal Agreement (2017) – To provide administrative or engineering services, construction, maintenance and material supply services.
• Pend Oreille County/Pend Oreille Cemetery District No. 1 Public Works Bid Development Agreement (2016) – Interlocal agreement for county to assist with development of project scope/formal bid document for cemetery district paving project. County will also assist with bid advertisement and provide technical assistance and field inspection during performance of work.
• Vancouver/Discovery Clean Water Alliance Interlocal Agreement for Columbia River Water Quality Monitoring Program (2018) – The city and the alliance agree to collaboratively collect and submit water quality monitoring data from the river.
• Water/Wastewater Agency Response Network (WAWARN) Mutual Aid and Assistance Agreement (2020) – Establishes the Intrastate Network for Mutual Aid and Assistance which includes public water and wastewater utilities. 

Examples of Stormwater Management Agreements

• Kelso/Longview/Cowlitz County/Consolidated Diking Improvement District No. 1 Interlocal Agreement (2016) – For stormwater public education and outreach.
• Port of Ridgefield/Clark Regional Wastewater District Agreement for Stormwater Facility Maintenance and Mitigation (2022) – The district agrees to contract for stormwater pond maintenance, while the port agrees to pay for its portion of these services. 
• Yakima Regional Stormwater Management Program – Yakima County, as the Regional Stormwater Lead, is tasked by an interlocal agreement to perform permit compliance tasks under the Department of Ecology’s Phase II NPDES Stormwater Permit for the cities of Yakima, Sunnyside, and Union Gap, and for urban Yakima County.

Examples of Wastewater Treatment Agreements

• LOTT Clean Water Alliance Interlocal Cooperation Agreement for Wastewater Management (2016) – The Alliance provides wastewater management services for the urbanized area of north Thurston County, consisting of four government partners: the cities of Lacey, Olympia, and Tumwater, and Thurston County. For more information on the Alliance, see the LOTT Clean Water Alliance website.
• Sequim/Jamestown S’Klallam Tribe Agreement for Wastewater Disposal (2018) – The city agrees to accept wastewater flows from the tribe's wastewater collection and transport system into its wastewater collection and treatment system for a fee. 
• Tacoma/Ruston Agreement for Industrial Pretreatment (2021) – Ruston agrees to implement a pretreatment program for industrial users that meets federal and state regulations in order to continue discharging an agreed-upon amount of wastewater into Tacoma’s treatment works.

Recommended Resources

• MRSC: The Closest Governments to the People – See Chapter 35 on “Joint Municipal Utility Authorities”
• MRSC: Expanded Authority for Joint Utility Operations (ESHB 1332) (2011) – Excerpted from Budget Suggestions for 2012
• WA County Road Administration Board (CRAB): Model Documents – Includes model agreements for reimbursable work and to do work for other public agencies