Statutes, codes, and regulations
Wyoming Administrative Code
Agency 060 - Lands and Investments, Office ofSubagency 0002 - Land Commissioners, Board of
Chapter 6 - WIND ENERGY LEASING
Section 6-12 - Surface Impact Payments and Surface Use Agreements

060-6 Wyo. Code R. § 6-12

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Current through April 27, 2019
Section 6-12 - Surface Impact Payments and Surface Use Agreements

(a) Any wind energy lease applicant desiring to survey the state lands shall contact the existing surface lessee(s) prior to entry and comply with Chapter 16 of the Rules and Regulations of the Board of Land Commissioners.

(b) For all entries on the state land by the wind energy lessee or contactors thereof that occur during the term of the wind energy lease in which there is to be actual or potential negative impacts as defined in Section 2(e) of these rules to the surface leasehold estate, the wind energy lessee and the existing surface lessee(s) shall negotiate a Surface Impact Payment. The wind energy lessee shall remit directly to the existing surface lessee(s) the Surface Impact Payment and provide evidence of such payment to the Office.

(c) If the wind energy lessee is unable to reach an agreement with an existing surface lessee(s) regarding a Surface Impact Payment and having negotiated with the existing surface lessee(s) in good faith for a period of ninety (90) days after having provided sufficient information to the existing surface lessee(s), the wind energy lessee and/or the existing surface lessee(s) may submit evidence to the Office to establish the Surface Impact Payment.

  • (i) The evidence and any information the Director deems relevant will be analyzed by the Director, whereupon, the Director will enter an order establishing the Surface Impact Payment and recommend the decision to the Board for final approval.
  • (ii) Either party may appeal the Director's decision. The petition shall be treated as a contested case pursuant to W.S. 16-3-107 et seq. A hearing officer shall preside over the contested case hearing and make a recommended decision. The decision of the Board establishing the Surface Impact Payment shall constitute final agency action.
  • (iii) The wind energy lessee may immediately enter the state lands while the Office is establishing and the Board is approving the Surface Impact Payment, upon providing the Office with a deposit for the Surface Impact Payment in an amount determined by the Office. When the Director enters an order establishing the Surface Impact Payment, the Office shall forward the Surface Impact Payment to the existing surface lessee and return any excess money on deposit to the wind energy lessee, without interest.
  • (iv) The costs of the contested case hearing, including hiring a hearing officer, shall be paid in equal shares by the wind energy lessee and the existing surface lessee(s).

(d) Surface use agreements or any agreement between a wind energy lessee and any existing lessee that defines the rights of the parties as to the use of the leased state land shall be provided to the Office.

(e) The wind energy lease shall provide for an installation/construction fee as compensation to the State for negative impacts to the fee simple interest in the state land.

060-6 Wyo. Code R. § 6-12