C.R.S. § 38-30.7-101 Legislative declaration
38-30.7-101. Legislative declaration. The general assembly finds and declares that a wind energy right is an interest in real property appurtenant to the surface estate.
Wind Energy
C.R.S. tit. 38, art. 30.7
in effectC.R.S. § 38-30.7-102 Definitions
38-30.7-102. Definitions. As used in this article, unless the context otherwise requires:
(1) "Wind energy agreement" or "agreement" means a lease, license, easement, or other agreement between the owner of a surface estate and a wind energy developer to develop wind-powered energy generation.
(2) "Wind energy developer" means the lessee, easement holder, licensee, or similar party under a wind energy agreement.
(3) "Wind energy developer of record" means the wind energy developer named in a recorded wind energy agreement or, if the wind energy agreement has been transferred by a recorded document, the most recent transferee of the rights of the original wind energy developer identified in the recorded document.
(4) "Wind energy right" means the right of the owner of a surface estate, either directly or through a wind energy developer under a wind energy agreement, to capture and employ the kinetic energy of the wind.
(5) "Wind-powered energy generation" means the generation of electricity by means of a turbine or other device that captures and employs the kinetic energy of the wind.
C.R.S. § 38-30.7-103 Wind energy agreements - recording - termination - transfer
38-30.7-103. Wind energy agreements - recording - termination - transfer. (1) A wind energy right is not severable from the surface estate but, like other rights to use the surface estate, may be created, transferred, encumbered, or modified by agreement.
(2) (a) A wind energy agreement is subject to statutory and other rules of law to the same extent as other agreements creating interests in or rights to use real property.
(b) A wind energy agreement may be recorded in the office of the county clerk and recorder in the county where the land subject to the agreement is located. Until so recorded, the wind energy agreement is not valid as against any person with rights in or to the land subject to the agreement whose interest is first recorded, except as between the parties to the wind energy agreement and those having notice of the agreement.
(c) The county clerk and recorder shall index a wind energy agreement in both the grantor and grantee indices under the names of each party to the wind energy agreement.
(d) The provisions of this subsection (2) apply equally to any modification, assignment, or encumbrance of a wind energy agreement.
(3) (a) After a wind energy agreement has expired or has been terminated, the wind energy developer of record shall record a release in the office of the county clerk and recorder in the county where the land subject to the agreement is located.
(b) If the wind energy developer of record fails to record a release in the office of the county clerk and recorder in the county where the land subject to the agreement is located, the owner of the surface estate or the owner's agent may request the wind energy developer of record to record a release of the wind energy agreement. The request must be in writing and must be delivered personally or by certified mail, first-class postage prepaid, return receipt requested, to the last-known address of the wind energy developer of record. Within ninety days after receiving the request, the wind energy developer of record shall record the release in the office of the county clerk and recorder in the county where the land subject to the agreement is located.
(c) The release must identify the wind energy agreement with reasonable clarity, including the names of the parties, the legal description of the land subject to the agreement, and the applicable recording information of the agreement. The county clerk and recorder shall index the release in both the grantor and grantee indices under the names of each party identified in the release.
(d) (I) If the wind energy developer of record fails to record the release required by this subsection (3) within ninety days after receiving the request, the wind energy developer of record is liable to the owner of the surface estate for any damages caused by the failure.
(II) If the interest of the wind energy developer of record has been transferred by an instrument that has not been recorded, the transferee shall either:
(A) Record the instrument by which the transferee acquired the interest and thereafter record the release required by this subsection (3); or
(B) Cause the wind energy developer of record to record the release required by this subsection (3).
(III) The wind energy developer of record and every transferee described in subparagraph (II) of this paragraph (d) are jointly and severally liable for any damages caused by the failure of the wind energy developer of record to record the release, as required by subparagraph (I) of this paragraph (d), or of a transferee to comply with subparagraph (II) of this paragraph (d).
(4) Nothing in this article alters, amends, diminishes, or invalidates wind energy agreements or conveyances made or entered into prior to July 1, 2012.
(5) Nothing in this article restricts the transfer of any interest of a party to a wind energy agreement, including the transfer of the right of the owner of the surface estate to receive payments under the wind energy agreement.
C.R.S. § 38-30.7-104 Expiration of rights under wind energy agreements
38-30.7-104. Expiration of rights under wind energy agreements. (1) Except as otherwise provided in a wind energy agreement or an amendment to the agreement, all rights of a wind energy developer to use real property for wind energy development or production under a wind energy agreement entered into on or after July 1, 2012, expire if no wind-powered energy generation has occurred under the agreement for a continuous period of fifteen years. The expiration of rights under this section does not modify any obligation to restore or reclaim the surface estate that is contained in the agreement or imposed by law.
(2) At any time after a wind energy developer has determined to commence construction of wind energy generating facilities under a recorded wind energy agreement, the wind energy developer may record in the office of the county clerk and recorder where the land subject to the agreement is located an affidavit stating the date on which such construction commenced or is expected to commence. If no such affidavit is recorded, then the wind energy agreement expires in accordance with its own terms or, if no expiration date is specified, fifteen years after the recording of the wind energy agreement. The affidavit must identify the wind energy agreement with reasonable clarity, including the names of the parties, the legal description of the property subject to the agreement, and the applicable recording information of the agreement. The county clerk and recorder shall index the affidavit in both the grantor and grantee indices under the names of all parties identified in the affidavit.
C.R.S. § 38-30.7-105 Taxation
38-30.7-105. Taxation. Equipment used in the development of wind energy is exempt from the levy and collection of personal property tax until the equipment is first used pursuant to section 39-3-118.5, C.R.S.
C.R.S. § 38-30.7-106 Wind-powered energy generation facilities inclusion of light-mitigating technology - requirement - enforcement - definitions
38-30.7-106. Wind-powered energy generation facilities inclusion of light-mitigating technology - requirement - enforcement - definitions. (1) (a) Subject to subsection (1)(b) of this section and subject to approval from the FAA for the installation of approved light-mitigating technology, for any new wind-powered energy generation facility that is subject to local government land-use permitting requirements pursuant to section 29-20-108 or is owned by an independent power producer, and for which the owner or operator of the new facility begins vertical construction of the first wind turbine included within the facility on or after April 1, 2022, the owner or operator shall install light-mitigating technology at the new facility.
(b) The owner or operator of a new wind-powered energy generation facility subject to subsection (1)(a) of this section, within six months after the facility receives a determination of no hazard from the FAA, shall:
(I) Apply to the FAA, any other applicable federal agency, or both, for the installation of approved light-mitigating technology; and
(II) Within twenty-four months after receiving approval from the FAA in accordance with subsection (1)(b)(I) of this section, and subject to the availability of light-mitigating technology from the manufacturer or supplier, install, test, and commence operation, consistent with FAA requirements or other applicable federal agency requirements, of the light-mitigating technology at the new facility.
(2) The owner or operator of a wind-powered energy generation facility may seek an extension of time from the governing body of the local government to comply with subsection (1) of this section for a period of up to twenty-four months. The governing body of the local government shall grant the request if the owner or operator can demonstrate that, despite the owner's or operator's exercise of commercially reasonable efforts, the availability of light-mitigating technology constrained the owner's or operator's ability to comply with subsection (1) of this section in the time frame afforded. A board shall not impose any penalties against the owner or operator pursuant to subsection (3) of this section during the extension period granted.
(3) If the board has exercised its authority to enact an ordinance or resolution to impose civil penalties pursuant to section 30-11-130 and determines that an owner or operator of a wind-powered energy generation facility was required to, but failed to, comply with this section, the board may impose a civil penalty on the owner or operator of the new facility in the amount of one thousand dollars per day.
(4) This section does not apply to wind-powered energy generation facilities used solely for purposes of research and testing.
(5) As used in this section, unless the context otherwise requires:
(a) "Approval from the FAA" means FAA approval to equip and operate light-mitigating technology for at least thirty percent of the proposed wind turbines included within a new wind-powered energy generation facility.
(b) "Board" means the board of county commissioners in the county in which a wind-powered energy generation facility is located or will be located.
(c) "FAA" means the federal aviation administration in the United States department of transportation.
(d) "Light-mitigating technology" means a sensor-based system that:
(I) Is designed to detect approaching aircraft;
(II) Keeps the lights off when it is safe to do so; and
(III) The FAA has approved as meeting the requirements set forth in chapter 10 of the FAA's 2020 advisory circular AC 70/7460-1M, "Obstruction Marking and Lighting".
(e) "Local government" means a county or a home rule or statutory city, town, territorial charter city, or city and county.
(f) "Wind-powered energy generation facility" or "facility" means a facility used in the generation of electricity by means of turbines or other devices that capture and employ the kinetic energy of the wind.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-38.docxFetched: 10/6/2026