As used in this article, unless the context otherwise requires:

1. (1) Wind energy agreement or agreement means a lease, license, easement, or other agreement between the owner of a surface estate and a wind energy developer to develop wind-powered energy generation.
2. (2) Wind energy developer means the lessee, easement holder, licensee, or similar party under a wind energy agreement.
3. (3) Wind energy developer of record means the wind energy developer named in a recorded 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.
4. (4) Wind energy right means the right of the owner of a surface estate, either directly or through a wind energy developer under a wind energy agreement, to capture and employ the kinetic energy of the wind.
5. (5) Wind-powered energy generation means the generation of electricity by means of a turbine 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.