Coloradans used to owning their homes, but not necessarily the water and mineral rights associated with them, may have another commodity to call their own in the future.
State Rep. Cory Gardner, R-Yuma, has asked the nonpartisan staff at the Capitol to help research a measure that would create a “wind right.” The bill would be introduced when lawmakers return to work in January.
“By creating a new wind right in Colorado, we’ll give people a new private property; . . . an economically viable opportunity to sell some of their property and promote the environment by developing that wind right into wind energy,” Gardner said.
Gardner said some lawyers on the Eastern Plains are drawing up contracts between developers and some ranchers and farm owners to lease land for wind energy, but they have concerns over whether state courts would recognize the deals.
“It’s a great step forward in promoting renewable energy and opportunity, especially for people on the Eastern Plains to take advantage of an asset we all know we’ve got a lot of,” he said.
Some environmentalists are hesitant to embrace the idea, which is being discussed in Texas, California, Montana and South Dakota. They ask whether the state wants to add wind to historically contentious legal fights over such things as water and mineral rights.
“Good Lord, it’s messy,” said Pam Kiely, political director with Environment Colorado. “We really need to have a very thoughtful, detailed and broad-based conversation if we move forward with this proposal.”
Kiely said that since big wind projects are already being developed on the Eastern Plains and individual landowners are already leasing their land for wind-energy purposes, the concept of a “wind right” is not needed.
“It’s an interesting question and an interesting conversation to have, but it sounds like a solution looking for a problem,” she said. “What’s the problem we’re trying to address?”
