060-6 Wyo. Code R. § 6-4 - Existing Lease Impairment
(a) The leased
premises of a wind energy lease may coincide with the leased premises of an
Existing Lease(s) and is subject to any Existing Lease(s).
(b) Prior to issuing a wind energy lease, the
Board shall determine whether or not the proposed wind energy lease would
result in substantive impairment of an Existing Lease(s).
(c) Upon application, the wind energy lease
applicant shall advise the Office of the planned or contemplated improvements
to be placed on state land and the Office shall consult with the existing
lessee(s) to determine if the existing uses are anticipated to interfere with
the contemplated wind energy development.
(d) The wind energy lease applicant shall
notify the existing lessee(s) of the application and such notification shall
include a description of the proposed use. If the wind energy lease applicant
obtains written consent from the existing lessee(s) to the issuance of a wind
energy lease, the wind energy lease shall be deemed to not result in
substantive impairment of the Existing Lease(s).
(e) If the wind energy lease applicant is
unable to obtain written consent from the existing lessee(s) to the issuance of
the wind energy lease, the Board shall determine whether the issuance of the
proposed wind energy lease will substantively impair the Existing Lease(s). The
Office shall notify the existing lessee(s) at least twenty (20) days before the
proposed wind energy lease is to be considered by the Board.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(a) The leased premises of a wind energy lease may coincide with the leased premises of an Existing Lease (s) and is subject to any Existing Lease (s).
(b) Prior to issuing a wind energy lease, the Board shall determine whether or not the proposed wind energy lease would result in substantive impairment of an Existing Lease(s).
(c) Upon application, the wind energy lease applicant shall advise the Office of the planned or contemplated improvements to be placed on state land and the Office shall consult with the existing lessee(s) to determine if the existing uses are anticipated to interfere with the contemplated wind energy development.
(d) The wind energy lease applicant shall notify the existing lessee(s) of the application and such notification shall include a description of the proposed use. If the wind energy lease applicant obtains written consent from the existing lessee(s) to the issuance of a wind energy lease, the wind energy lease shall be deemed to not result in substantive impairment of the Existing Lease (s).
(e) If the wind energy lease applicant is unable to obtain written consent from the existing lessee(s) to the issuance of the wind energy lease, the Board shall determine whether the issuance of the proposed wind energy lease will substantively impair the Existing Lease(s). The Office shall notify the existing lessee(s) at least twenty (20) days before the proposed wind energy lease is to be considered by the Board .