HB 10-1158 Summary

• Clarifies that ownership of wind rights over real property in Colorado is originally vested in surface owners and can be severed from surface ownership like mineral interests.

• Establishes that conveyances of surface property include wind rights unless previously severed or explicitly excluded/reserved in the conveyance document.

• Specifies that mineral interest conveyances do not automatically include wind rights unless explicitly stated in the instrument.

• Provides that when both mineral and wind interests are severed from the same property, the first interest severed takes priority over the second interest.

• Applies to all conveyances and leases made on or after the effective date; pre-existing interests severed before the effective date remain valid unless challenged by preponderance of evidence.