By KALEY LYON

klyon@dailynews.net

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 today 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 slightly altering the original proposal.

Discussion was limited, with commissioners saying little besides noting the memorandum of settlement is now 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 it will not install generators in the city-governed 3-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 as of press time.

The vote followed 15 minutes of executive session at this morning's meeting. The commission met via conference call with County Counselor Dennis Davidson to discuss the issue.

In response to a question from the audience, Chairman Perry Henman said he understands all three parties in the lawsuit have accepted the terms of settlement.

The decision could end a nearly three-year battle to decide if Iberdrola's 200-megawatt Hays Wind project will 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 law suit. That number has dropped to 21, with many plaintiffs dismissed.

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

Berens said this morning 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."

* A copy of the memorandum can be viewed at HDNews.net.