Deadline Changes for NAP Crops

Nebraska’s alfalfa, grass, aronia and grape producers have a new deadline for applying for the Noninsured Crop Disaster Assistance (NAP).  Nebraska Farm Service Agency revealed the new closing deadlines for some crops covered under this program for the 2019 growing season and beyond. The new deadlines to apply for 2019 coverage are:

  • Alfalfa and mixed forages: October 1, 2018;
  • Grass: November 15, 2018; and
  • Aronia berries and grapes: November 20, 2018.

Producers interested in receiving coverage through this program will need to contact their local FSA Office before the closing dates.

NAP offers coverage for producers who are not able to find insurance to cover crops if there are certain natural disaster affecting their growing season. This program covers certain disasters like hail, wind, drought, flooding and excessive heat among other events. There is a $250 fee per crop with county maximums. Beginning farmers along with traditionally undeserved farmers and ranchers are eligible to have this fee waived. To read more about this program, please read through our detailed article covering the program or contact us with questions.

CRP Enrollment Deadline Friday, August 17, 2018.

Friday, August 17th is the last day to enroll in Conservation Reserve Program (CRP). This program is for eligible producers who agree to take sensitive land out of production. In return, the producer will receive an annual rental payment and cost-share assistance for installing practices from the Farm Service Agency (FSA). Land must be eligible and suitable for certain conservation practices which include, but not limited to, riparian buffer, wetland restoration on flood plain, filter strips, and grass waterways. Contracts for this program can last 10-15 years and payments will reflect the updated soil rental rates. For more information, please visit the CRP Continuous Enrollment Period. Or contact your local Farm Service Agency Office.

If you have any questions regarding various programs available from the Farm Service Agency, please send them to us.

August Farm Finance Clinics

Farmers and ranchers are invited to attend a FREE clinic.  The clinics are one-on-one, not group sessions, and are confidential.  The Farm Finance clinic gives you a chance to meet with an experienced Ag law attorney and Ag financial counselor.  These clinic staff specialize in legal and financial issues related to farming and ranching, including financial planning, estate and transition planning, farm loan programs, debtor/creditor law, water rights, and other relevant matters.  Here is an opportunity to obtain an experienced outside opinion on issues that may be affecting your farm or ranch.  Bring your questions!

The FREE farm and ranch clinics will be in these locations:

  • Fairbury – Thursday, August 2nd
  • Grand Island – Thursday, August 2nd
  • North Platte – Thursday, August 9th
  • Lexington, Thursday, August 16th
  • Norfolk – Wednesday, August 22nd
  • Valentine – Thursday, August 23rd

To sign up for a clinic or for more information, call Michelle at the Nebraska Farm Hotline:  1-800-464-0258.

The Nebraska Department of Agriculture and Legal Aid of Nebraska sponsor the farm finance clinics.

July Farm Finance Clinic Dates

Farmers and ranchers are invited to attend a FREE clinic.  The clinics are one-on-one, not group sessions, and are confidential.  The Farm Finance clinic gives you a chance to meet with an experienced Ag law attorney and Ag financial counselor.  These clinic staff specialize in legal and financial issues related to farming and ranching, including financial planning, estate and transition planning, farm loan programs, debtor/creditor law, water rights, and other relevant matters.  Here is an opportunity to obtain an experienced outside opinion on issues that may be affecting your farm or ranch.  Bring your questions!

The FREE farm and ranch clinics will be in these locations:

  • Grand Island – Thursday, July 5th
  • North Platte – Thursday, July 12th
  • Valentine – Monday, July 16th
  • Lexington – Thursday, July 19th
  • Norfolk – Friday, July 20th
  • Fairbury – Thursday, August 2nd

To sign up for a clinic or for more information, call Michelle at the Nebraska Farm Hotline:  1-800-464-0258.

The Nebraska Department of Agriculture and Legal Aid of Nebraska sponsor the farm finance clinics.

March Clinic Dates

Farmers and ranchers are invited to attend a FREE clinic.  The clinics are one-on-one, not group sessions, and are confidential.  The Farm Finance clinic gives you a chance to meet with an experienced Ag law attorney and Ag financial counselor.  These clinic staff specialize in legal and financial issues related to farming and ranching, including financial planning, estate and transition planning, farm loan programs, debtor/creditor law, water rights, and other relevant matters.  Here is an opportunity to obtain an experienced outside opinion on issues that may be affecting your farm or ranch.  Bring your questions!

The FREE farm and ranch clinics will be in these locations:

March Clinic dates:

Grand Island – Thursday, March 1

Fairbury, Wednesday, March 7

North Platte – Thursday, March 8

Lexington – Thursday, March 15

Norfolk – Wednesday, March 21

To sign up for a clinic or for more information, call Michelle at the Nebraska Farm Hotline:  1-800-464-0258.

The Nebraska Department of Agriculture and Legal Aid of Nebraska sponsor the farm finance clinics.

negotiationsLegal Aid of Nebraska

2018 Nebraska Cover Crop Conference February 15th

Coming up on Thursday, February 15th is the 2018 Nebraska Cover Crop Conference held at the Eastern Nebraska Research and Development Center near Mead, NE. It will take place in the August N. Christenson building. It is provided by Nebraska Extension, a program within the University of Nebraska-Lincoln’s Institute of Agriculture and Natural Resources. It runs from 9:00-3:30 p.m.

About: This event is geared specifically towards producers of corn and soybeans, and it provides useful information about the benefits of utilizing cover crops.

Registration begins at 8:30 a.m. the day of the event, but in order to ensure resources and meal planning is accurate, those who wish are able to pre-register by February 9th by calling (402)-624-8030 or sending an email to cdunbar2@unl.edu

Speakers and Presentations: This year Extension offers several informative guest speakers and presentations to answer any questions about cover crops. The presentations are:

The Banker Won’t Like Wheat, but Your Soil Will–Here’s Why!

Nathan Mueller, Nebraska Extension Educator

Will Cover Crops be a New Home for Insects?

–Justin McMechan, Nebraska Extension Entomologist

Cover Crops for Ephemeral Gully Control

–Dan Gillespie, No-Till Specialist, NRCS

How Cover Crops Work on My Farm

–Bill Nielsen, Minden, NE

Why I Encourage My Customers to Use Cover Crops

–Lee Briese, Independent Crop Consultant, Recipient of the 2016 International Certified Crop Advisor of the Year Award, Edgley, ND

Why I Use Cover Crops on My Farm

–Kelly Tobin, Corn/Soybean Grower, New Castle, IA

Cover Crops for Corn and Soybean Producers

–Keith Berns, Green Cover Seed, Bladen, NE

Farmer Panel

–Discussion with Growers, Landowners, and Consultants

More information including a downloadable flyer and a link for maps and directions can be found here at: https://extension.unl.edu/statewide/enre/nebraska-cover-crop-conference/

 

Beneficial Use of Your Water Right

This is the second part in a series focusing on water law in Nebraska. The first covered what constitutes a water right in Nebraska. A water right is a permissive right to use the water, not a property right to the water itself. This next section will focus on the provision of what constitutes a beneficial use of water in Nebraska.

As outlined in Neb. Rev. Stat. § 46-229, “Any appropriation of water must be for a beneficial use.” This takes a little work to parse out the exact definition of beneficial use. To figure out what this requirement specifies, case law is the guiding source as to what constitutes beneficial use. The case that outlines a beneficial use is Hostetler v. State, 203 Neb. 776, 280 N.W.2d 75 (1979). In this case the landowners (the Hostetlers) inherited a piece of land which included a water right to irrigate a pasture. The previous owner told the Hostetlers that the water right had been previously lost because of lack of use. After conversations with the Department of Water Resource’s engineer, the Hostetlers were notified that there was no actual cancellation of the appropriation. After this, the Hostetlers built a temporary diversion dam. The dam was used only once to see if water would flow in the canal. After this diversion, Mr. Hostetler did not divert any additional water nor did he irrigate any section of the land, although he did water some cattle via this canal. Later on, the Department gave the landowners notice to cancel their water right based on the non-use of the water appropriation for more than three years. The Hostetlers challenged the cancellation of the water right, arguing that the diversion did in fact constitute a beneficial use.

The court disagreed with the Hostetlers’ argument, holding that “to constitute a beneficial use within the meaning of the appropriation statute, the use must be one described in the appropriation,” which was irrigating the land. In this specific case, the Hostetlers did not use the water for the purpose of one described in the appropriation. They instead only diverted a small amount, which was used to water cattle, which did not constitute a use described in this appropriation. Ultimately the court ruled that “in the case of an appropriation for irrigation purposes, actual application of the water to the land for the purpose of irrigation” is what constitutes a beneficial use.

Now, this case did outline a few excuses for beneficial use. These include the lack of water in the diversion source or, on the other hand, too much rainfall or moisture so that the diversion of water would result in waste of the resource. Ultimately, the beneficial use requirement would be excused if the appropriation purpose could not be met due to natural occurrences such as drought or normal-to-excessive rainfall.

The takeaways from this handout is that water appropriated under Nebraska law must be used for a beneficial use. The beneficial use must fit within the purpose of the original appropriation. So if the purpose of the water right was for irrigation, the water must be used for irrigation or be in danger of being cancelled if not used within a three year timeframe. There are excuses for such non-use, such as too much water to the point that diversion of water for irrigation purposes would go against good farming practices, or that there was too little water in the stream to divert.

If you have any questions regarding water use and your land, please contact us. As mentioned this is part of a series, so please come back often to learn about water law in Nebraska and important terms and issues regarding water and agriculture.

USDA Authorizes 9.6 Billion in ARC, PLC, and CRP Payments

Agriculture Secretary Sonny Perdue announced on October 3, 2017, that payments totaling 9.6 billion will be paid to producers for crop loss through the Agriculture Risk Coverage (ARC) and the Price Loss Coverage (PLC) programs, and for conservation efforts through the Conservation Reserve Program (CRP). Over three quarters of a million producers will see payments under the ARC and PLC programs amounting to $8 billion payments for the 2016 crop year. Crops covered under this program include:

  • Barley;
  • Corn;
  • Grain sorghum;
  • Lentils;
  • Oats;
  • Peanuts;
  • Dry beans;
  • Soybeans;
  • Wheat; and
  • Canola.

Payments will be made for other covered crops under these programs after the marketing year average prices are determined.

CRP payments total 1.6 billion to over 375,000 producers in 2017. This voluntary program focuses on taking environmentally sensitive lands out of production to protect those acres and improve water and habitat quality.

Both of these programs are designed to help farmers and ranchers in time of need and to protect and conserve sensitive land on the operations.

If you have any questions regarding these programs, please contact us. Read the full  Press Release from the USDA.

October Clinic Dates

Farmers and ranchers are invited to attend a FREE clinic.  The clinics are one-on-one, not group sessions, and are confidential.  The Farm Finance clinic gives you a chance to meet with an experienced Ag law attorney and Ag financial counselor.  These clinic staff specialize in legal and financial issues related to farming and ranching, including financial planning, estate and transition planning, farm loan programs, debtor/creditor law, water rights, and other relevant matters.  Here is an opportunity to obtain an experienced outside opinion on issues that may be affecting your farm or ranch.  Bring your questions!

October Clinic dates and locations:

Valentine – Wednesday, October 11th

Norfolk – Thursday, October 12th

Fairbury – Thursday, October 26th

Norfolk – Tuesday, October 31st

To register, please call the Rural Response Hotline at 1-800-464-0258.

September Clinic Dates

Farmers and ranchers are invited to attend a FREE clinic.  The clinics are one-on-one, not group sessions, and are confidential.  The Farm Finance clinic gives you a chance to meet with an experienced Ag law attorney and Ag financial counselor.  These clinic staff specialize in legal and financial issues related to farming and ranching, including financial planning, estate and transition planning, farm loan programs, debtor/creditor law, water rights, and other relevant matters.  Here is an opportunity to obtain an experienced outside opinion on issues that may be affecting your farm or ranch.  Bring your questions!

These FREE farm and ranch clinics are being held in:

September Clinic dates:

Valentine – Friday, September, 1st

Norfolk – Wednesday, September, 6th

Grand Island – Tuesday, September, 19th

North Platte – Wednesday, September 20th

Norfolk – Tuesday, September 26th

Fairbury – Tuesday, September 26th

To sign up for a clinic or for more information, call Michelle at the Nebraska Farm Hotline:  1-800-464-0258.

The Nebraska Department of Agriculture and Legal Aid of Nebraska sponsor the farm finance clinics.