Wind Energy Easement And Lease Agreements

The same is true when the objective is to maintain wind tension for unrestricted wind traffic and/or to retain the right to control or have a say in the future, and there is currently no wind land contract that pollutes the land. In any event, these rights should be defined in a clear and detailed way in the support instrument and in compliance with applicable legislation. Even with clarity, such agreements can make a property less attractive to a developer because of the complexity and additional uncertainties they entail. A vague language in these promotional instruments or in languages that do not meet the legal requirements does not benefit anyone and can cause confusion for landowners, wind developers and third parties who wish to deal with the property in one way or another. In any case, it is probably a very good practice for a landowner who is considering such an approach to collaborate with his developer before concluding such an agreement, to better ensure that there will be more fluid navigation once it is in place. While wind and solar can co-exist and share the possibilities of scale and community use discussed above, the proximity of a high-density solar project to a wind project raises other concerns. Is the acreage set down or used for the wind project necessary in case future conditions require or support the cultivation or relocation of wind turbines from the sites of the original project? The footprint of the solar project could also occupy land that would otherwise be able to meet the mitigation measures of the wind project that, over time, will become necessary by adaptive management. C. Sharing website resources. Some wind energy agreements consider developer access and the use of project field resources, such as water and aggregate/rock for project operations. Water rights are naturally subject to restrictions on use and application under existing legislation and may therefore be available to the developer in the construction or maintenance of the project.

For example, legislation on “irrigation” water should not be used legally for non-irrigation wind projects. Approval, sand and rock from an existing quarry or project site deposit can save a developer time and money and provide another source of income for the landowner. The pricing of these resources is the subject of negotiations between the parties.