Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 2009 NO. 5 > Aug 27 2009

Municipal sewer districts have statutory authority to use public funds to repair or replace side sewers located on private property if doing so will increase sewer capacity by reducing infiltration and inflow.  Use of public funds to do so does not constitute an unconstitutional gift or loan of public funds if the district acts without donative intent and can demonstrate that the action will result in significant benefit to the public.