As wind farm plans spread, Wyoming considers nature of wind rights

As developers pursue the construction of wind farms in Wyoming, some questions linger about the nature of wind rights and how they relate to land ownership.

Wyoming lawyers generally agree that whoever owns the surface of the land also owns the rights to develop wind resources. But the Wyoming Legislature has not addressed whether landowners can sever wind resources from their property, as state law allows for mineral resources.

"The prevailing thought is yes they can (be severed)," said Lynne Boomgaarden, director of the Office of State Lands and Investments, "for the reason that wind is a commodity that has value as do the minerals below the surface of the land, and you can severe the minerals."

MATT JOYCE Associated Press

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