by John Waters
Publisher
In a first for the state of Texas, the Gazette has confirmed that the General Land Office is selling land with the state reserving solar energy rights to the property. The GLO has long reserved other rights such as mineral, geothermal; more recently wind rights and now solar energy.
GLO Commissioner Jerry Patterson told the Gazette that while the agency does not have much in its real estate portfolio west of the Pecos that it is a valuable wind energy asset, “solar, however, is an issue and becoming more viable every day.”
Patterson said that the state’s retention of solar energy rights was new legal territory and the state would “reserve it and figure it out later.” Patterson said the actions he is taking now will benefit future generations.
The GLO recently has recently leased approximately 400 acres of GLO land in Reeves County to Austin Energy, the company that supplies Austin’s electricity. The company plans a utility scale solar project according to Patterson. In January the company estimated that by the end of 2008 11% its electricity will come from wind and other renewable.
Per the terms of the auction the land “will be sold subject to the State of Texas retaining the rights to test for and develop power on the subject property and to produce, lease and store and/or transmit electrical power…”
The state is also reserving ingress and egress rights.
The GLO is currently accepting bids for numerous properties throughout the state and retaining the solar rights to properties located in Presidio County. The GLO is auctioning 7,467 acres in Presidio County, several tracts of which include riverfront acreage.
The GLO is also selling approximately 2,000 acres in Brewster County, near Long Draw in Terlingua.
Texas now leads leading the nation in wind energy production. The Electric Reliability Council of Texas, which manages the state’s electricity grid, has been working on plans to get thousands of megawatts generated in West Texas to population centers. Cost estimates of grid improvements and construction range from $3 billion to $6.4 billion. Once completed, the grid improvements could spur investments in more West Texas wind farms and transmit future solar farm energy as well.

The Texas General Land Office is selling several tracts of land near Long Draw (above) in Terlingua. For the first time, the state will reserving rights to future solar energy production. (John Waters, photo)