2. All water shall be delivered pursuant to a request by the water user for the delivery of a specific flow rate to a specific parcel of land. The request shall be made within the time and in the manner prescribed by the General Manager. An administrative fee of $100 per meter will be charged for violations of these water order requirements. Such fee will be suspended, with verbal and written warnings issued instead, for the first two months of a water year that violations occur. Upon violations occurring in a third month of the same water year, the administrative fee will be charged to the water user for all meters found in violation during the water year, including those found during the first two months for which fees were originally suspended.

3. Water will be furnished by the District subject to the terms and conditions under which it is made available to the District including, but not limited to, the requirements of federal Reclamation law. The District will use its best efforts, to the extent that it has water and capacity available and taking into account the requirements of other water users to receive water from District facilities, to provide such water in the manner and at the times requested. The District may temporarily discontinue water service or reduce the amount of water to be furnished for investigation, inspection, maintenance, repair, or replacement of any of the District's facilities. The District will give the water user notice in advance of such temporary discontinuance or reduction, except in case of emergency, in which event no notice need be given. In the event the District issues a notice to discontinue or curtail water use, and District facilities are required to be re-filled because the water user fails to discontinue or curtail such use within the prescribed time, the water user shall pay an administrative fee of $36 per mile of lateral drained for each point of delivery in violation. No liability shall accrue against the District or any of its officers, directors, or employees for damage, direct or indirect, because of the failure to provide water as a result of system malfunctions, interruptions in service necessary to properly operate and maintain the water distribution system, or other similar causes which are beyond the District's reasonable control.

4. By taking delivery of water from the District, the water user assumes responsibility for, and agrees to hold the District harmless from, all damage or claims for damage which may arise from his use of the water after it leaves the District's facilities.

5. The water furnished by the District is not in a potable state and the District does not warrant the quality or potability of water so furnished. By taking delivery of water from the District, the water user assumes responsibility for, and agrees to hold the District harmless from, damage or claims for damage arising out of the non-potability of water furnished by the District.

6. All water will be measured by the District with meters installed, maintained, and calibrated by it and such measurements shall be final and conclusive.

7. If a water user overuses his available supply, an administrative fee of $30 will be charged for each occurrence when such overuse exists at month-end; provided, that if such overuse exists at January or February month-end, the water user will be charged $50. In addition, an administrative fee of $10 will be charged to the water user for each occurrence when overuse from a prior month remains on the account at the end of a subsequent month.

8. Charges for agricultural water, including power surcharges, if any, hereinafter referred to as "water charges," shall be established by the Board of Directors. The water charges shall include District operation and maintenance costs and any other costs determined by the Board to be payable as part of the water charges, including components established for the payment of all or a portion of the District's annual repayment obligation to the United States, administrative fees, and land-based charges. The water charges shall also include the applicable water rates required pursuant to the Reclamation Reform Act of 1982, the Central Valley Project Improvement Act of 1992, and the Judgment in Barcellos and Wolfsen, Inc., et al. v. Westlands Water District, et al., and Westlands Water District, et al. v. United States, et al., U.S. District Court, Eastern District of California, Nos. CV-79-106-EDP and CV-F-81-245-EDP, respectively. Water charges shall be adjusted retroactively to the extent required and authorized by federal or state law or regulations or District regulations. The General Manager may adjust the water charges as necessary and legally authorized to account for increases or decreases in the estimates used to establish the water charges.

9. As a condition of the District continuing to furnish water, the water user or landowner shall make all payments by the due dates specified: (a) for water and power used, and other water charges, after the District’s billing and by the 25th day of the month in which the bill is mailed; provided, that the due date will be not less than 15 calendar days after the billing date, (b) for the "Water Allocation" component of the District's annual repayment obligation to the United States by July 25, (c) in advance for water allocated to but unused on land which is not subject to assessment by the District, (d) in advance for water allocated to but unused on land which is subject to the provisions of paragraphs 21 or 22 herein by the 25^th day of the month in which the bill is mailed; provided, that for water allocated prior to July 31, the due date shall be deferred to the earlier of the first day of water use or the 25^th day of August. A written guarantee in a form satisfactory to the General Manager from a recognized financial lending institution may be substituted in lieu of advance payment. When any deadline established herein falls on a Saturday, Sunday, or holiday, it shall be extended to the next working day. When necessary the General Manager may extend the payment due date for water charges up to the last day of the month. Any further extension of this date will require approval of the Board of Directors. Charges not paid by the applicable due date shall be delinquent. Payments postmarked on or before the due date shall be deemed to have been received by the due date.

10. All payments shall be made at the District's Fresno Office.

11. Advance payment may be required in total or in part for water transferred into the District from other agencies, pump-in water, or any allocation resulting from the District being able to obtain other water. The advance payment will be due by a date to be established by the General Manager.

12. All claims for overcharges or errors must be made in writing and filed with the District at its Fresno Office within 10 working days after the date the bill is received by the water user or landowner. In the event the water user or landowner files a timely written protest, the District's Finance & Administration Committee shall consider the protest at its next regular meeting and notify the water user or landowner in writing of its decision. The Committee's decision shall be final, unless a written appeal to the Board of Directors is filed with the Secretary of the District within 15 working days after notice of the decision. In the event of an appeal, the decision of the Board shall be final. The filing of a protest or an appeal does not nullify the payment requirement or the District's right to discontinue water service as provided in these terms and conditions. However, in the event the protest or appeal is sustained, the District will refund the amount of the overcharge and penalty, if any.

13. Except for land-based charges, on the day following the payment due date, a penalty of 2 percent of that month's water charges shall be added to the delinquent unpaid water charges except as described hereinafter. During any 12-month period the penalty for a water user's second delinquency shall be 5 percent and the penalty for a water user's third and any subsequent delinquency shall be 10 percent. The 2 percent penalty shall not be levied with respect to a water user's first delinquency in any 12-month period if the delinquent payment is received by the District on or before the last working day of the month, but the delinquency shall continue to be the water user's first delinquency for purposes of this paragraph. For land-based charges, on the day following the payment due date, a penalty of 10 percent of the charge shall be added to the delinquent unpaid water charges. Delinquent water charges shall bear interest at a monthly rate of 1½ percent. Interest shall not, however, accrue after the delinquent water charges together with applicable penalties and interest have been added to, and become a part of, the annual assessment levied on the land by the District. All payments and credits shall be applied to the earliest delinquent charges.

14. On the 1st of the month following that in which water charges become delinquent, water service shall be discontinued, to the parcel of land when land-based charges are delinquent, and/or to the water user when other water charges are delinquent; provided, that when the 1st of the month falls on a Saturday, Sunday, or holiday, such service shall be discontinued on the next working day.

15. At the time of filing the District's assessment book with the District Tax Collector, delinquent charges, together with applicable penalties and interest, may be added to and become part of the assessment levied by the District on the land which received the water or for which other water charges were incurred. If the water was not furnished, the applicable delinquent charges may be added to the land to which the water was allocated. The District shall notify the landowner of the anticipated amount(s) prior to adding the assessment. The added amount shall be a lien on the land and impart notice thereof to all persons. If the assessment becomes delinquent, penalties and interest will be added as provided by law.

16. To supplement the procedure described in Paragraph 15, the District may elect to file and record a Certificate of Unpaid Water Charges as provided in California Water Code Section 36729. This Certificate creates a lien in the amount of delinquent charges on any land owned by the delinquent water user, or acquired by the water user before the lien’s expiration, within the recording County.

17. Agricultural water service shall not be provided to any parcel of land for which delinquent charges, together with applicable penalties and interest, are a lien on the land or for which the assessment is delinquent. No transfer of water attributed to a parcel of land for which charges are a lien on the land will be permitted until the delinquent charges are paid.

18. Agricultural water service shall not be provided to any water user with delinquent charges, notwithstanding the fact that the delinquent charges have been added to the assessment(s) on the parcel(s) for which they were incurred. No transfer of water allocated to a water user with delinquent charges will be permitted until the delinquent charges are paid.

19. The General Manager may require that all current charges be paid before the transfer of remaining water will be allowed.

20. All delinquent charges must be paid before water service can be restored.

21. If a water user's delinquent charges are delinquent for 30 days or more, or if a water user's delinquent charges are added to the annual assessments on any lands within the District, or the procedure in paragraph 16 is implemented, the General Manager shall require, as a condition of resumption of water service, that advance payment of all water charges be made for the 12-month period immediately following resumption of service, according to a schedule to be determined by the General Manager. A written guarantee in a form satisfactory to the General Manager from a recognized financial lending institution may be substituted in lieu of advance payment.

22. The General Manager, after consultation with and approval by the Finance & Administration Committee, may also require advance payment and/or payment by cashier's check or such other actions as he may deem necessary when a water user's account is determined, based on the payment history or other actions of the water user, to create a financial risk or hardship for the District or its landowners. Circumstances which constitute the basis for such a determination include but are not limited to the following: (1) instances of a water user's checks being returned unpaid or (2) instances where a water user whose account is delinquent has, in violation of District regulations, taken water from a District delivery.

23. Agricultural water service shall not be provided to any water user who has failed to file, or to any lands for which there has not been filed, the certification or reporting forms required pursuant to Reclamation law, and particularly the Reclamation Reform Act of 1982. Any water delivered in violation of this provision may be subject to penalty charges pursuant to federal law or regulation.

24. Agricultural water service shall not be provided to any water user who fails to provide the District with crop information at the time(s) and in the form required by the General Manager.

25. By applying for or taking delivery of agricultural water from the District, the water user agrees to these terms and conditions of service.

26. The District may modify or terminate these terms and conditions; provided, that such modifications or terminations are prospective only and notice thereof is given prior to the effective date.