WeVote
Log In

Bill

Bill

HB 2111

Senate Substitute for HB 2111 by Committee on Agriculture and Natural Resources - Exempting certain registered agritourism operations from local code and regulation enforcement.

2025-2026 Regular Session

Expands Kansas CREP: raises statewide cap to 60,000 acres, adds county and annual enrollment limits, authorizes exceptions to water-right eligibility, and broadens reporting.

Conference committee report now available
#agriculture #cities #counties #water
0
WeVote Research Nonpartisan
Bill Summary · HB 2111

HB 2111 — Summary (Kansas Conservation Reserve Enhancement Program)

Status: Introduced January 27, 2025; Referred to House Committee on Agriculture and Natural Resources.
Fiscal note dated Feb 4, 2025: no fiscal effect reported for Kansas Department of Agriculture (KDA) or Kansas Water Office.

Main purpose

Amend state administration of the Conservation Reserve Enhancement Program (CREP) to expand enrollment capacity, clarify eligibility and administration rules (especially for CREPs targeted at water‑quantity goals), create specific exceptions, and broaden reporting to cover the preceding five years.

Key provisions and changes

  • Increases the statewide cap on aggregate CREP enrollment from 40,000 acres to 60,000 acres (the “last eligible offer” that would exceed the cap may still be approved).
  • Clarifies county limits: no more than 25% of the statewide acreage cap may be enrolled in any one Kansas county (again, the final offer that would exceed that county cap may be approved).
  • Adds an annual county enrollment limit: generally no more than 1,600 acres may be enrolled in one county in the same calendar year unless the Secretary of Agriculture (with the DWR Chief Engineer) certifies either (a) the acreage is in an area where an impairment is occurring and CREP enrollment would help, or (b) the acreage is within five miles of aquifer portions having less than 10 years of usable life.
  • For CREPs established to meet water‑quantity goals (subject to USDA approval), authorizes contracts that allow establishment of native grasses, routine grazing, dryland farming, or limited irrigation as permissible practices.
  • Eligibility criteria for acreage tied to irrigation water rights (administered by Division of Water Resources):
    • Acreage that is an authorized place of use of an irrigation water right must have been irrigated at a rate of at least 0.5 acre‑feet/acre in at least 3 of the 5 years immediately preceding the year offered for enrollment (as determined by DWR).
    • Water rights for the acreage may not be subject to active or pending sanctions/penalties by DWR at time of offer.
    • The owner (or water use correspondent) must have filed the annual water use report required by KSA 82a‑732 for each of the most recent 10 years.
  • Grants the Secretary of Agriculture (in consultation with relevant boards and the Kansas FSA) authority to grant exceptions to the water‑right eligibility criteria when acreage meets one or more conditions:
    • Located in a statute‑designated high‑priority water conservation area;
    • Authorized place of use of a high‑flow capacity well;
    • Authorized place of use of a water right not used due to bankruptcy, probate, or other legal matters (excluding cases tied to DWR sanctions/penalties);
    • Authorized place of use of a water right enrolled in or having been enrolled in an existing water‑conservation program (e.g., EQIP) or assigned a water‑quantity allocation via IGUCA or LEMA.
  • Reporting: KDA must report to the Legislature on the preceding five years:
    • Acreage enrolled and dollars received/expenditures for CREP;
    • Assessment whether FSA agreement objectives were met;
    • For CREPs with water‑quantity purpose: acre‑feet permanently retired, changes in groundwater levels, total annual water usage, and average annual water use per water right (all for preceding five years).
  • Technical and conforming statutory amendments included.

Who is affected

  • Irrigated landowners and water‑right holders within CREP target areas (Upper Arkansas River corridor and other CREP areas).
  • County agricultural communities where larger CREP enrollment could alter local production mix, tax base, and economies (committee testimony noted concerns about concentrated enrollment).
  • KDA Division of Conservation and Division of Water Resources (program administration and data verification).
  • USDA/Farm Service Agency as federal CREP partner (USDA approval required for program design changes).

Fiscal impact

The Division of the Budget’s fiscal note (Feb 4, 2025) indicates no fiscal effect on KDA or the Kansas Water Office.

Background & context

CREP is a federal–state voluntary program that pays producers incentives to permanently retire state water rights on enrolled acres to achieve water conservation objectives. As of Sept. 30, 2024, Kansas had 142 state CREP contracts on 24,140 acres, permanently retiring ~49,146 acre‑feet of annual appropriation across numerous water rights and wells; state sign‑up incentives since 2007 totaled about $1.9 million.

Procedural notes / next steps

  • Introduced Jan 27, 2025; fiscal note issued Feb 4, 2025.
  • Referred to and amended by House Committee on Agriculture and Natural Resources (committee report summarizes amendments, rationale, and testimony).
  • Further committee consideration and floor action required; check legislative calendar for subsequent hearings, votes, or amendments.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.