Wind energy in Indian country: a study of the challenges and opportunities facing South Dakota tribes

South Dakota Law Review, Fall, 2009 by Patrick M. Garry, Candice J. Spurlin, Derek A. Nelsen

1. Required Site Studies

The first study often undertaken when pursuing a wind power facility is intended to identify the wind resource present at a particular site. This is the first crucial step in determining whether a wind project may be economically viable. (22) This starts with measuring the wind resource as soon as development becomes an option. Investors require that accurate data be accumulated before entertaining proposals for implementation. The more information a tribe has, or the longer they have been collecting wind data, the more likely it is that a developer will agree to undertake some of the costs of any additional studies that may be required. (23) Measuring this resource often requires an anemometer study at the site before such a determination can be made. (24) This is actually beneficial for the tribe as collecting wind data through anemometers is one of the smaller expenses involved.

The wind assessment at the Owl Feather War Bonnet site was conducted by placing anemometers on an existing radio tower at heights of thirty, forty, and sixty-five meters. (25) These anemometers, or devices used for measuring wind potential, were put in place in May 2001. (26) The data was collected by "utilizing an NRG 9300 Data Logger System." (27) The conclusion drawn from over five years of data collected was that the wind resource at this site was "excellent" and "support[ed] project financing." (28) The rating given to the site was a Class 5. (29) This desination identifies the site as having very high energy production potential. (30) As such, developing wind power in the area was economically viable based on the wind rose, wind shear, peak wind speeds, and turbulence intensity. (31)

The next study that is often conducted is an ethnographic study. An ethnographic study, which identifies the customs and beliefs of a people, is crucial when conducting an assessment of a wind site in Indian country given the potential for a designated location to have some cultural significance. (32) The ethnographic study conducted at the Owl Feather War Bonnet site determined that the land had some cultural significance. (33) This significance, however, was not to such an extent as to justify tabling the project as unworkable. (34) Instead, special precautions were taken to ensure that measures were in place to protect any artifacts that may be discovered. (35) Having added these precautions, "[n]o impacts to cultural resources [were] expected form [sic] the proposed action." (36)

The ecological study administered attempted to determine the total effect this project may have on the indigenous wildlife in the area. A project of this size unavoidably displaces a certain amount of flora and fauna, so the goal became to mitigate the impacts at the project site. (37) One aspect of particular cultural importance was the displacement or killing of birds of prey. (38) While some avian mortality must be expected from the constant churning of large blades, there does not appear to be a consensus among scholars about the rate of such deaths. (39) Consequently, tribes must be aware that it is a probability that some birds will die. To what extent, however, cannot be certain. (40)