By KALEY LYON

Hays Daily News

HAYS -- After years of discussion and a lengthy legal battle, it appears Ellis County soon could be home to a 200-megawatt wind farm.

In a unanimous decision, the Ellis County Commission on Monday approved a settlement in the case of Davis v. Ellis County regarding a proposed project southwest of Hays.

The agreement holds that the conditional-use permit commissioners granted for the project is lawful and enforceable, meaning the wind farm could proceed. However, as part of the agreement, Iberdrola agreed to meet several conditions that would slightly alter the original proposal.

Discussion was limited, with commissioners noting the memorandum of settlement is public record and will be available in the county clerk's office.

"One way or another, we need to bring this to a closure," Commissioner Vernon Berens said. "We started this mediation Feb. 27 and we need to bring this to a closure. If this mediation doesn't work, the courts will have to end it."

Hays Wind has agreed to relocate 15 wind turbines, pulling the project's boundaries back from city limits. The company also has agreed not to install generators in the city-governed three-mile zoning radius.

According to the settlement, wind turbines must be located at least 2,000 feet from existing residences. This provision doubles the setback requirement of 1,000 feet mandated in the county's zoning regulations.

A payment in lieu of taxes also is provided for, as well as a road maintenance and turbine decommissioning agreement.

The company has established a separate agreement with plaintiffs, which contains additional terms of settlement. That document was unavailable.

The decision could end a nearly three-year battle to decide if Iberdrola's 200-megawatt Hays Wind project would become a reality.

In July, the Ellis County Commission granted a conditional-use permit for construction of the wind project, with Berens and former Commissioner Dennis Pfannenstiel in favor and Henman opposed.

The decision was taken to court soon afterward, with 44 plaintiffs originally endorsing the lawsuit. That number has dropped to 21, with many plaintiffs being dismissed.

Iberdrola Renewable Energies USA joined the lawsuit as a co-defendant last fall.

Berens said that he still believes a commercial-scale wind project would prove beneficial to Ellis County.

"There isn't any question about it. If the towers will not be built in Ellis County, they'll be built in other counties around us," Berens said. "I think without a doubt that Ellis County just as well should get some money in their coffers."

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