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SECTION 1. SHORT TITLE.

This Act may be cited as the ''High Plains Groundwater Resource
Conservation Act''.

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings.--Congress finds that--
(1) a reliable source of groundwater is an essential
element of the economy of the communities on the High Plains;
(2) the High Plains Aquifer consists largely of the
Ogallala Aquifer with small components of other geologic units;
(3) the High Plains Aquifer experienced a dramatic decline
in water table levels in the latter half of the 20th century;
(4) the decline in water table levels is especially
pronounced in the Southern Ogallala Aquifer, with areas in the
States of Kansas, New Mexico, Oklahoma, and Texas experiencing
declines of over 100 feet from 1950 to 2007;
(5)(A) the saturated thickness of the High Plains Aquifer
has declined by over 50 percent in some areas; and
(B) the percentage of the High Plains Aquifer that has a
saturated thickness of 100 feet or more declined from 54
percent to 51 percent in the period from 1980 to 2007;
(6) the decreased water levels in the High Plains Aquifer
coupled with higher pumping lift costs raise concerns about the
long-term sustainability of irrigated agriculture in the High
Plains;
(7) hydrological modeling by the United States Geological
Survey indicates that in the context of sustained high
groundwater use in the surrounding region, reductions in
groundwater pumping at the single farm level or at a local
level of up to 100 square miles, have a very time-limited
impact on conserving the level of the local water table, thus
creating a disincentive for individual water users to invest in
water conservation measures;
(8) incentives must be created for conservation of
groundwater on a regional scale, in order to achieve an
agricultural economy on the High Plains that is sustainable;
and
(9) for water conservation incentives to function, Federal,
State, tribal, and local water policymakers, and individual
groundwater users must have access to reliable information
concerning aquifer recharge rates extraction rates, and water
table levels at the local and regional levels on an ongoing
basis.
(b) Purpose.--The purpose of this Act is to promote groundwater
conservation on the High Plains in order to extend the useable life of
the High Plains Aquifer.

SEC. 3. HIGH PLAINS AQUIFER GROUNDWATER CONSERVATION INCENTIVES
PROGRAM.

The Food Security Act of 1985 is amended by inserting after section
1240R (16 U.S.C. 3839bb-5) the following:

''SEC. 1240S. HIGH PLAINS AQUIFER GROUNDWATER CONSERVATION INCENTIVES
PROGRAM.

''(a) Definitions.--In this section:
''(1) High plains.--The term 'High Plains' means the
approximately 174,000 square miles of land surface overlying
the High Plains Aquifer in the High Plains Aquifer States.
''(2) High plains aquifer.--The term 'High Plains Aquifer'
is the groundwater reserve depicted as Figure 1 in the United
States Geological Survey Professional Paper 1400-B, entitled
'Geohydrology of the High Plains Aquifer in Parts of Colorado,
Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas,
and Wyoming'.
''(3) High plains aquifer states.--The term 'High Plains
Aquifer States' means the States of Colorado, Kansas, Nebraska,
New Mexico, Oklahoma, South Dakota, Texas, and Wyoming.
''(4) Program.--The term 'Program' means the High Plains
Aquifer Groundwater Conservation Incentives Program described
in subsection (b)(1).
''(b) Program.--
''(1) In general.--For each of fiscal years 2011 through
2020, the Secretary shall offer to enter into contracts with
producers in the High Plains Aquifer States through a High
Plains Aquifer Groundwater Conservation Incentives Program in
accordance with this section.
''(2) Goal.--The goal of the Program shall be to achieve
significant per-acre savings of the groundwater resources of
the High Plains Aquifer.
''(c) Participation.--
''(1) In general.--The Secretary shall ensure, to the
maximum extent practicable, that producers on land drawing
water from the High Plains Aquifer throughout the High Plains
region shall have an opportunity to participate in the Program.
''(2) Priority.--The participation of producers in areas
experiencing significant aquifer level declines shall be given
a priority.
''(d) Transfer of Water Rights.--A producer on land drawing water
from the High Plains Aquifer who agrees, beginning on the date on which
the producer enters into a contract under this section with the
Secretary, not to irrigate all or part of the land and to transfer the
water rights of the producer for the nonirrigated land to the
applicable High Plains Aquifer State shall be eligible for incentive
payments in accordance with this section.
''(e) Payments.--
''(1) In general.--In exchange for an agreement not to
irrigate all or part of land described in subsection (d), the
Secretary shall make 1 or more incentive payments to a producer
(as determined under paragraph (2)) in an amount equal to the
difference between, as determined by the Secretary--
''(A) the average amount of payments that the
producer received under title I of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8701 et
seq.) on the land when irrigating the land, as
determined using the average amount of payments
received by the producer for the 10 most recent crop
years preceding the date of the Program contract; and
''(B) the amount of payments that the producer
would be expected to receive under title I of that Act
on the land after conversion to dryland production for
those 10 most recent crop years.
''(2) Form.--In exchange for an agreement described in
subsection (d), a producer may elect to receive--
''(A) 1 lump-sum incentive payment for the entire
term of the agreement in the amount determined under
paragraph (1); or
''(B) annual incentive payments for each year of
the agreement that total, in the aggregate, the amount
determined under paragraph (1).
''(f) Modifications or Termination of Contracts.--
''(1) Voluntary modification or termination.--The Secretary
may modify or terminate a contract entered into with a producer
under this section if--
''(A) the producer agrees to the modification or
termination;
''(B) the Secretary determines that the
modification or termination is in the public interest.
''(2) Involuntary termination.--The Secretary may terminate
a contract under this section if the Secretary determines that
the producer violated the contract.
''(g) Duties of Producers.--To receive incentive payments described
in subsection (e), a producer shall agree--
''(1) to transfer water rights under subsection (d);
''(2) to implement required practices as agreed to in the
contract with the Secretary; and
''(3) to comply with such additional conditions as the
Secretary determines are necessary to carry out this section.
''(h) Limitation of Payments.--The total amount of payments paid to
any 1 producer under this section may not exceed $50,000.
''(i) State Administration.--On application by a High Plains
Aquifer State, and approval by the Secretary, the Secretary may provide
funding on an annual basis to the State to carry out, in lieu of the
Secretary, the activities described in this section.
''(j) Funding.--Of the funds of the Commodity Credit Corporation,
the Secretary shall use to carry out this section such sums as are
necessary.''.
Output:
High Plains Groundwater Resource Conservation Act - Amends the Food Security Act of 1985 to direct the Secretary of Agriculture, for each of FY2011-FY2020, to enter into contracts with producers in the High Plains Aquifer states (Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming) through a High Plains Aquifer Groundwater Conservation Incentives Program, aimed at achieving significant per-acre savings of groundwater resources of the High Plains Aquifer.

Directs the Secretary to ensure that producers on land drawing water from that Aquifer throughout the High Plains region have an opportunity to participate in the Program. Requires producers in areas experiencing significant aquifer level declines to be given priority.

Provides for incentive payments for a producer on land drawing water from the Aquifer who agrees not to irrigate all or part of the land and to transfer the producer's water rights for the nonirrigated land to the applicable High Plains Aquifer state.