As used in this article, unless the context otherwise requires:
"Wind energy agreement" or "agreement" means a lease, license, easement, or otheragreement between the owner of a surface estate and a wind energy developer to develop windpowered energy generation.
"Wind energy developer" means the lessee, easement holder, licensee, or similar party under a wind energy agreement.
"Wind energy developer of record" means the wind energy developer named in arecorded 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.
"Wind energy right" means the right of the owner of a surface estate, either directlyor through a wind energy developer under a wind energy agreement, to capture and employ the kinetic energy of the wind.
"Wind-powered energy generation" means the generation of electricity by means of aturbine or other device that captures and employs the kinetic energy of the wind.
Source: L. 2012: Entire article added, (HB 12-1105), ch. 230, p. 1011, § 1, effective August 8. L. 2015: Entire article amended, (HB 15-1121), ch. 19, p. 45, § 1, effective August 5.