Court fight possible in wind turbine dispute in Henderson

Last month, Henderson City Councilman Steve Kirk floated the idea of an alternative energy proving ground where the windmill could be tested on vacant city land far from homes.

City staff researched the suggestion, only to discover that nothing could be done without new state laws and utility regulations, Kirk said.

With the compromise off the table, council members voted down the original wind turbine proposal on Tuesday.

Attorney and entrepreneur Kermitt Waters has threatened to sue the city if he is not allowed to erect the turbine behind his home near Green Valley Parkway and the Las Vegas Beltway.

Waters first proposed the structure in October as a way to lower his electricity bill and demonstrate the benefits of renewable energy on a residential scale.

The apparatus, resembling a 45-foot-tall eggbeater standing on end, has drawn opposition from neighbors and a denial from the Henderson Planning Commission.

City officials expected to be sued no matter what they did. Waters’ neighbors previously said they were considering a lawsuit of their own should the windmill win approval.

Kirk’s idea was to have Waters test his turbine — and earn power credits from NV Energy — by building it on a few acres of empty city land that could then be developed as a sort of green-power community garden where others could perform similar technology trials.

The councilman said the idea isn’t dead as far as he is concerned.

“We will more than likely go back to the Legislature during the next session and get some help on this,” he said. “In the meantime, we’re probably going to get sued by this guy.”

Kirk’s hope is that some new rules can be adopted and the alternative energy test area established before Waters’ expected lawsuit is decided in court.