Colorado § 38-30.7-104 Expiration of rights under wind energy agreements

Colorado Statutes

§ 38-30.7-104 — Expiration of rights under wind energy agreements

Colorado § 38-30.7-104

Title 38Property -

Art.Wind Energy

This text of Colorado § 38-30.7-104 (Expiration of rights under wind energy agreements) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 38-30.7-104 (2026).

Text

(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 a

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(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.

Legislative History

Source: L. 2012: Entire article added, (HB 12-1105), ch. 230, p. 1013, � 1, effective August 8. L. 2015: Entire article amended, (HB 15-1121), ch. 19, p. 48, � 1, effective August 5.