KS
Kansas House Bill HB2111

Kansas 2025-2026 Regular Session

Kansas House Bill HB2111 Compare Versions

The same version is selected twice. Please select two different versions to compare.
OldNewDifferences
11 Session of 2025
22 HOUSE BILL No. 2111
33 By Committee on Water
44 Requested by Earl Lewis on behalf of the Kansas Department of Agriculture
55 1-28
66 AN ACT concerning water; relating to the Kansas conservation reserve
77 enhancement program; increasing the acreage cap for CREPs from
88 40,000 to 60,000 acres; clarifying the county acreage cap for CREPs
99 and that the last eligible offer for enrollment exceeding applicable
1010 acreage caps may be approved; removing the limitation on acres
1111 eligible for CREP enrollment based on expired federal contracts;
1212 adding a general ineligibility criterion based on federal ineligibility;
1313 allowing CREP contracts for dryland farming or limited irrigation for
1414 water quantity goals; removing the prohibition on participation in
1515 CREP for government-owned water rights; clarifying current CREP
1616 criteria related to water right usage, sanctions and reporting; allowing
1717 exceptions to eligibility criteria based on factors such as location in
1818 high-priority water conservation areas, high-flow capacity wells,
1919 circumstances like bankruptcy or probate and enrollment in other water
2020 conservation programs; modifying the reporting requirements to cover
2121 the preceding five years; amending K.S.A. 2-1933 and repealing the
2222 existing section.
2323 Be it enacted by the Legislature of the State of Kansas:
2424 Section 1. K.S.A. 2-1933 is hereby amended to read as follows: 2-
2525 1933. (a) As used in this section, "division" means the division of
2626 conservation established within the Kansas department of agriculture in
2727 K.S.A. 74-5,126, and amendments thereto.
2828 (b) The division shall administer the conservation reserve
2929 enhancement program (CREP) on behalf of the state of Kansas pursuant to
3030 agreements with the United States department of agriculture for the
3131 purpose of implementing beneficial water quality and water quantity
3232 projects concerning agricultural lands within targeted watersheds to be
3333 enrolled in CREP.
3434 (c) There is hereby established in the state treasury the Kansas
3535 conservation reserve enhancement program fund, which shall be
3636 administered by the division. All expenditures from the Kansas
3737 conservation reserve enhancement program fund shall be for the
3838 implementation of CREP pursuant to agreements between the state of
3939 Kansas and the United States department of agriculture. All expenditures
4040 1
4141 2
4242 3
4343 4
4444 5
4545 6
4646 7
4747 8
4848 9
4949 10
5050 11
5151 12
5252 13
5353 14
5454 15
5555 16
5656 17
5757 18
5858 19
5959 20
6060 21
6161 22
6262 23
6363 24
6464 25
6565 26
6666 27
6767 28
6868 29
6969 30
7070 31
7171 32
7272 33
7373 34
7474 35 HB 2111 2
7575 from such fund shall be made in accordance with appropriation acts upon
7676 warrants of the director of accounts and reports issued pursuant to
7777 vouchers approved by the secretary of agriculture or by the secretary's
7878 designee.
7979 (d) The division may request the assistance of other state agencies,
8080 Kansas state university, local governments and private entities in the
8181 implementation of CREP.
8282 (e) The division may receive and expend moneys from the federal or
8383 state government or private sources for the purpose of carrying out the
8484 provisions of this section. All moneys received shall be remitted to the
8585 state treasurer in accordance with the provisions of K.S.A. 75-4215, and
8686 amendments thereto. Upon receipt of each such remittance, the state
8787 treasurer shall deposit the entire amount in the state treasury to the credit
8888 of the Kansas conservation reserve enhancement program fund. The
8989 division shall carry over unexpended moneys in the Kansas conservation
9090 reserve enhancement program fund from one fiscal year to the next.
9191 (f) The division may enter into cost-share contracts with landowners
9292 that will result in fulfilling specific objectives of projects approved in
9393 agreements between the United States department of agriculture and the
9494 state of Kansas.
9595 (g) The division shall administer all CREPs in Kansas subject to the
9696 following criteria:
9797 (1) The aggregate total number of acres enrolled in Kansas in all
9898 CREPs shall not exceed 40,000 60,000 acres, except that the last eligible
9999 offer for enrollment that will exceed the 60,000-acre cap may be approved;
100100 (2) the number of acres eligible for enrollment in CREP in Kansas
101101 shall be limited to
102102 1
103103 /2 of the number of acres represented by federal
104104 contracts in the federal conservation reserve program that have expired in
105105 the prior year in counties within the particular CREP area, except that if
106106 federal law permits the lands enrolled in the CREP program to be used for
107107 agricultural purposes, such as planting agricultural commodities,
108108 including, but not limited to, grains, cellulosic or biomass materials,
109109 alfalfa, grasses or legumes, but not including cover crops, then the number
110110 of acres eligible for enrollment shall be limited to the number of acres
111111 represented by contracts in the federal conservation reserve program that
112112 have expired in the prior year in counties within the specific CREP area;
113113 (3) no more than 25% of the acreage in CREP may be in any one
114114 county, except that the last eligible offer to exceed the number of acres
115115 constituting a 25% acreage cap in any one county shall be approvedthe
116116 aggregate total number of acres enrolled in all CREPs in any one Kansas
117117 county shall not exceed 25% of the statewide acreage cap set forth in
118118 paragraph (1), except that the last eligible offer to exceed such cap in any
119119 one county may be approved;
120120 1
121121 2
122122 3
123123 4
124124 5
125125 6
126126 7
127127 8
128128 9
129129 10
130130 11
131131 12
132132 13
133133 14
134134 15
135135 16
136136 17
137137 18
138138 19
139139 20
140140 21
141141 22
142142 23
143143 24
144144 25
145145 26
146146 27
147147 28
148148 29
149149 30
150150 31
151151 32
152152 33
153153 34
154154 35
155155 36
156156 37
157157 38
158158 39
159159 40
160160 41
161161 42
162162 43 HB 2111 3
163163 (4)(3) no whole-field enrollments shall be accepted into a CREP
164164 established for water quality purposes; and
165165 (5) lands enrolled in the federal conservation reserve program as of
166166 January 1, 2008,
167167 (4) an acreage shall not be eligible for enrollment in CREP if it is
168168 otherwise ineligible for enrollment under federal law.
169169 (h) (1) For a CREP established with the purpose of meeting water
170170 quantity goals, If approved by the United States department of
171171 agriculture, the division may, in accordance with subsection (i), approve a
172172 CREP contract that allows for the establishment of native grasses, routine
173173 grazing, dryland farming or limited irrigation practices for the purpose of
174174 meeting water quantity goals.
175175 (i) The division shall administer such each CREP established for the
176176 purpose of meeting water quantity goals in accordance with the following
177177 additional criteria:(A) No water right that is owned by a governmental
178178 entity shall be purchased or retired by the state or federal government
179179 pursuant to CREP; and
180180 (B) only water rights in good standing are eligible for inclusion under
181181 CREP.
182182 (2) To be a water right in good standing:
183183 (A) At least 50% of the maximum annual quantity authorized to be
184184 diverted under the water right that has been used in any three years within
185185 the most recent five-year period preceding the submission for which
186186 irrigation water use reports are approved and made available by the
187187 division of water resources of the Kansas department of agriculture;
188188 (B) the water rights used for the acreage in CREP during the most
189189 recent five-year period preceding the submission for which irrigation water
190190 use reports are approved and made available by the division of water
191191 resources shall not have: (i) Exceeded the maximum annual quantity
192192 authorized to be diverted; and (ii) been the subject of enforcement
193193 sanctions by the division of water resources; and
194194 (C) the water right holder has submitted the required annual water use
195195 report required under K.S.A. 82a-732, and amendments thereto, for each
196196 of the most recent 10 years
197197 (1) All acreage that is an authorized place of use of an irrigation
198198 water right and is proposed to be enrolled in CREP shall have been
199199 irrigated at a rate of not less than
200200 1
201201 /2 acre-foot per acre per year for three
202202 out of the five years immediately preceding the year that the acreage is
203203 offered for enrollment, as determined by the division;
204204 (2) the water right or water rights used for the acreage proposed to
205205 be enrolled in CREP shall not have been the subject of any sanctions or
206206 penalties by the division of water resources that are in effect or pending
207207 determination at the time that the acreage is offered for enrollment; and
208208 1
209209 2
210210 3
211211 4
212212 5
213213 6
214214 7
215215 8
216216 9
217217 10
218218 11
219219 12
220220 13
221221 14
222222 15
223223 16
224224 17
225225 18
226226 19
227227 20
228228 21
229229 22
230230 23
231231 24
232232 25
233233 26
234234 27
235235 28
236236 29
237237 30
238238 31
239239 32
240240 33
241241 34
242242 35
243243 36
244244 37
245245 38
246246 39
247247 40
248248 41
249249 42
250250 43 HB 2111 4
251251 (3) the owner of the water right or water rights for which the acreage
252252 that is proposed to be enrolled in CREP is an authorized place of use or
253253 the water use correspondent for such water right shall have submitted the
254254 annual water use report required pursuant to K.S.A. 82a-732, and
255255 amendments thereto, for each of the most recent 10 years.
256256 (i) (1)(j) The secretary, in consultation with the commission and the
257257 Kansas farm service agency office, may grant exceptions to the eligibility
258258 criteria outlined in subsections (g)(1) and (g)(2) if the acreage proposed
259259 to be enrolled in CREP satisfies one or more of the following conditions:
260260 (1) Is located in an area designated as a high-priority area for water
261261 conservation pursuant to K.S.A. 2024 Supp. 82a-1044, and amendments
262262 thereto;
263263 (2) is an authorized place of use of a high flow capacity water well;
264264 (3) is an authorized place of use of a water right that was not utilized
265265 in accordance with subsection (i)(1) within the timeframe referenced in
266266 subsection (i)(1) due to circumstances involving bankruptcy, probate or
267267 other legal matters, excluding those related to any enforcement sanctions
268268 or penalties by the division of water resources that are in effect or pending
269269 determination at the time that the acreage is offered for enrollment in
270270 CREP; or
271271 (4) is an authorized place of use of a water right that is or has been
272272 enrolled in a water conservation program, including, but not limited to,
273273 the United States department of agriculture environmental quality
274274 incentives program or a water conservation area pursuant to K.S.A. 82a-
275275 745, and amendments thereto, or has been assigned a water quantity
276276 allocation pursuant to an intensive groundwater use control area
277277 designated in accordance with K.S.A. 82a-1036, and amendments thereto,
278278 or a local enhanced management area designated in accordance with
279279 K.S.A. 82a-1041, and amendments thereto.
280280 (k) (1) The Kansas department of agriculture shall, at the beginning
281281 of each annual regular session of the legislature, submit a CREP report to
282282 the senate committee on agriculture and natural resources and the house
283283 committee on agriculture at the beginning of each annual regular session
284284 of the legislature and natural resources, and any successor committees,
285285 containing a description of program activities for each CREP administered
286286 in the state and including. Such report shall include:
287287 (A) The acreage enrolled in CREP during fiscal year 2008 through
288288 the most current fiscal year to date the preceding five years;
289289 (B) the dollar amounts received and expended for CREP during fiscal
290290 year 2008 through the most current fiscal year to date the preceding five
291291 years; and
292292 (C) an assessment of meeting whether each of the program objectives
293293 identified in the agreement with the farm services agency; and
294294 1
295295 2
296296 3
297297 4
298298 5
299299 6
300300 7
301301 8
302302 9
303303 10
304304 11
305305 12
306306 13
307307 14
308308 15
309309 16
310310 17
311311 18
312312 19
313313 20
314314 21
315315 22
316316 23
317317 24
318318 25
319319 26
320320 27
321321 28
322322 29
323323 30
324324 31
325325 32
326326 33
327327 34
328328 35
329329 36
330330 37
331331 38
332332 39
333333 40
334334 41
335335 42
336336 43 HB 2111 5
337337 (D) such other information specified by the Kansas department of
338338 agriculture has been met.
339339 (2) For a each CREP established with the purpose of meeting water
340340 quantity goals, the following additional information shall be included in
341341 such annual report:
342342 (A) The total amount of water rights, measured in acre-feet, retired in
343343 CREP from fiscal year 2008 through the current fiscal year to date that
344344 was permanently retired in CREP during the preceding five years;
345345 (B) the change in groundwater water levels in the CREP area during
346346 fiscal year 2008 through the most current fiscal year to date the preceding
347347 five years;
348348 (C) the total annual amount of water usage in the CREP area from
349349 fiscal year 2008 through the most current fiscal year to date during the
350350 preceding five years; and
351351 (D) the average annual water use, measured in acre-feet, for each of
352352 the five years preceding enrollment for each water right enrolled under
353353 each water right for which an authorized place of use is enrolled in CREP
354354 during the preceding five years.
355355 (j)(l) The Kansas department of agriculture shall submit a report on
356356 the economic impact of each specific CREP to the senate committee on
357357 agriculture and natural resources and the house of representatives
358358 committee on agriculture and natural resources, and any successor
359359 committees, every five years, beginning in 2017. The report shall include
360360 economic impacts to businesses located within each specific CREP region.
361361 Sec. 2. K.S.A. 2-1933 is hereby repealed.
362362 Sec. 3. This act shall take effect and be in force from and after its
363363 publication in the statute book.
364364 1
365365 2
366366 3
367367 4
368368 5
369369 6
370370 7
371371 8
372372 9
373373 10
374374 11
375375 12
376376 13
377377 14
378378 15
379379 16
380380 17
381381 18
382382 19
383383 20
384384 21
385385 22
386386 23
387387 24
388388 25
389389 26
390390 27