To direct the Secretary of Agriculture to consider certain acreage not planted due to a lack of irrigation water to be eligible for prevented planting payments, and for other purposes.
- Sponsor
- Rep. Hurd, Jeff [R-CO-3]
- Committees
- Agriculture Committee (primary)
- Last action
- Sep 16, 2026
Bottom line
This bill aims to provide a financial safety net for farmers in irrigated regions facing water scarcity by making them eligible for prevented planting payments, with limitations for consecutive years of non-planting to encourage adaptation.
What it actually does
This bill expands eligibility for federal prevented planting payments to include acreage that farmers did not plant due to a reasonable expectation of insufficient irrigation water. It sets conditions for this eligibility, including existing irrigation infrastructure and prior irrigation history, and introduces a tiered reduction in payments for consecutive years of non-planting. Additionally, it clarifies that drought at an irrigation source qualifies as a drought condition and mandates local consultation for disaster determinations.
Proponents argue
Supporters argue this bill provides crucial support to farmers in arid and semi-arid regions who are increasingly impacted by drought and water scarcity, ensuring they are not penalized for making responsible decisions to conserve water when supplies are low. It recognizes the unique challenges of irrigated agriculture and offers a necessary adaptation of federal farm policy to current environmental realities.
Opponents contend
Critics might argue that expanding prevented planting payments could create a moral hazard, potentially disincentivizing farmers from investing in water conservation technologies or adapting to drier conditions. It could also be seen as an unfunded mandate on federal programs, potentially straining existing agricultural budgets without clear offsets.
The bill is short and clearly written, allowing for a quick and comprehensive understanding of its core provisions.
Section 1(b)
Eligibility for Prevented Planting Payments Due to Lack of Irrigation Water
This provision makes farmland eligible for federal prevented planting payments if farmers could not plant those acres based on a reasonable expectation of insufficient irrigation water. To qualify, the land must have functional irrigation infrastructure, have been irrigated in at least one of the previous four crop years with sufficient water, and have grown the same crop in one of those years. Additionally, the land must not support dryland farming for the prevented crop.
Supporters argue
Supporters argue this provision addresses a critical gap in crop insurance and disaster assistance for farmers reliant on irrigation, who face unique risks from water scarcity driven by drought. It allows them to make sound management decisions, such as not planting, without suffering complete financial loss, thereby stabilizing agricultural operations in vulnerable regions.
Critics contend
Opponents might contend that this expansion could strain federal resources and potentially incentivize non-planting in areas where water scarcity is a recurring issue, rather than promoting long-term water management solutions or adaptation to drier conditions.
Tradeoffs
This provision balances the need to provide a financial safety net for farmers facing climate-related water scarcity against potential increased federal expenditure and the risk of disincentivizing proactive water conservation or crop adaptation strategies.
Section 1(c)
Limitations on Consecutive Prevented Planting Payments
This section introduces a tiered reduction in prevented planting payments for acreage that remains unplanted due to lack of irrigation water for consecutive years. Payments are reduced by 50% for the fifth through eighth consecutive crop years, 75% for the ninth and tenth years, and become 100% ineligible from the eleventh consecutive crop year onwards. Once acreage is 100% ineligible, it is permanently excluded from future payments under this provision.
Section 1(d)
Revisions to Regulations for Drought Conditions and Disaster Determination
This provision directs the Secretary of Agriculture to revise existing regulations. It clarifies that a 'lack of water resulting from drought conditions' includes drought at the source of an irrigation supply. Additionally, it mandates that the Commodity Credit Corporation consult with Farm Service Agency county committees and State technical committees when determining natural disasters, ensuring local expertise is considered.