This bill allows acreage unplanted due to a lack of irrigation water to be eligible for prevented planting payments, with payments gradually reduced for consecutive years of ineligibility.
Michael Bennet
Senator
CO
This bill allows certain acreage that could not be planted due to a lack of irrigation water to qualify for federal prevented planting payments. To be eligible, producers must meet specific criteria regarding past irrigation use and infrastructure. Payments are subject to a gradual reduction for consecutive years of ineligibility, with payments ceasing entirely after eleven consecutive years.
This bill changes the rules for federal 'prevented planting' payments, specifically targeting farmers who can’t get seeds in the ground because they’ve run out of irrigation water. Under current standards, getting a check from the USDA when your taps run dry can be a bureaucratic nightmare. This legislation aims to streamline that by requiring the Secretary of Agriculture to treat unplanted acres as eligible for disaster payments if the farmer reasonably expected a water shortage, even if the infrastructure is ready to go. To qualify, a producer must show they’ve irrigated and planted that specific crop at least once in the last four years and prove the land isn't suitable for 'dryland farming'—basically, if it doesn't rain enough to grow the crop without help, the government steps in.
While the bill offers an immediate safety net, it comes with a built-in expiration date that acts like a slow-motion cliff for long-term drought areas. If you’re a farmer in a region where the water doesn't come back, the federal support starts to evaporate. From the fifth to the eighth consecutive year of not planting due to water issues, your payments are cut by 50%. By years nine and ten, you’re only getting 25% of the original amount. Once you hit year eleven of consecutive dry fields, the payments stop entirely, and that specific acreage is permanently banned from receiving this type of help again. It’s a clear signal from the government: we will help you through a drought, but we won't subsidize a permanent desert.
One of the trickier parts of this bill is how it defines 'irrigation water.' It covers everything from snowmelt and runoff to groundwater aquifers and reservoirs. This broad definition is meant to be inclusive, but it could lead to some head-scratching at the local Farm Service Agency office when deciding if a farmer 'reasonably expected' a shortage. To help navigate this, the bill mandates that the Commodity Credit Corporation must actually talk to local county and state technical committees before making disaster determinations. This move is designed to ensure that the people making the calls actually understand the local watershed rather than just looking at a map in D.C.
For a family farm juggling rising equipment costs and unpredictable weather, this bill provides a crucial bridge during a few bad years. However, the permanent disqualification after 11 years is a heavy-duty provision. It essentially forces a transition; if the water isn't there for a decade, the land must be repurposed or abandoned. While this protects taxpayers from paying for 'crops' that will never grow again, it leaves long-term drought-stricken communities with a difficult choice: find a new way to use the land or face a total loss of federal disaster support for those acres. It’s a pragmatic, if slightly cold, approach to the reality of changing water access in the West and beyond.