HB 12-1105 Summary

• Establishes wind energy rights as property interests appurtenant to the surface estate in Colorado, creating Article 30.7 in Title 38 of the Colorado Revised Statutes.

• Requires wind energy agreements (leases, licenses, easements, or other agreements) to be recorded in the county clerk and recorder's office with names of surface estate owner and developer, property legal description, and indexed in both grantor and grantee indices.

• Allows surface estate owners to request release of recorded wind energy agreements after termination, with wind energy developers required to record the release within 90 days or face liability for damages.

• Provides that easement interests for wind energy automatically revert to the surface estate owner if wind production ceases for 15 continuous years or if electricity generation has not commenced within 15 years of the agreement's execution.

• Exempts wind energy development equipment from personal property tax until first used pursuant to section 39-3-118.5, C.R.S., and became effective August 8, 2012, subject to voter approval if a referendum petition was filed.