Wind energy vs. wind energy - Solar, Wind and Land: Conflicts in Renewable Energy Development - page 48

3 Wind energy vs. wind energy

Turbine wake interference

Although sailors, kite flyers, and windsurfers have always appreciated
windy days, wind has not historically been viewed as a valuable commodity
capable of being bought, sold, or stolen. Interestingly, the wind energy
industry's dramatic growth over the past decade is beginning to change how
society looks at wind resources. Frequent breezes that have done little more
than annoy rural landowners for generations are increasingly filling their
pockets with cash.
Not surprisingly, as the economic value of wind has grown, the preva-
lence of disagreements over its ownership has increased as well. For the first
time in history, policymakers are facing difficult questions about who owns
the wind and are struggling to formulate legal rules that adequately define
and allocate wind interests among landowners. Accordingly, this chapter
highlights one of the most perplexing types of conflicts that can arise in the
context of wind energy development: disputes over rights in the wind itself.

Long wakes, high stakes
The most straightforward way to introduce the concept of compe-
tition over wind rights is through a simple example. 1 Suppose that two
competing developers have leased adjacent parcels of land for wind
energy development. Suppose further that, as shown in Figure 3.1 below,
the wind on both parcels tends to blow primarily in a west-to-east
direction such that one of the parcels (Parcel U) is effectively upwind of
the other (Parcel D). The developer of Parcel U (Upwind Developer) has
spent months using anemometers to gather data on wind speeds on Parcel
U and has filed a permit application to install a 450-foot-tall, 2.3 MW
turbine at Site U. Based on Upwind Developer's data, a project layout
that includes a turbine at that site would maximize the productive value
of Parcel U's wind resources. The developer of Parcel D (Downwind
Developer) has also been measuring wind speeds in preparation to site
turbines on that parcel. Based on Downwind Developer's data, a layout
with a turbine at Site D would maximize the productive value of Parcel
D's wind resources.