First, you need to identify just one significant, existing statutory policy in law within your identified jurisdiction that seeks to affect your natural resource in one way or another. It might help if you found a law that is currently actively being enforced and contested, but a dormant or non-controversial law can also work. It may help if the law you pick is more specifically targeted at your natural resource instead of one that affects lots of other resources along with your resource.
-2017 ORS 543.017 Minimum standards for development of hydroelectric power: phttps://www.oregonlaws.org/ors/543.017
3a). With respect to your natural resource, what is a major problem that your law is specifically trying to solve? This likely is a problem that is clearly and strongly mentioned in the preamble of the law or journalists’ coverage of it. Select just one for this assignment, even though many laws sometimes try to solve one or many related problems. Pick a law and problem that strongly concerns or interests your team.
-2017 ORS 543.017 tries to prevent the mortality or injury to the anadromous salmon and steelhead resources in Oregon for the requirements of hydroelectric power resources. The law applies when an applicant “proposes to modify an existing facility or project in such a manner that can be shown to restore, enhance, or improve anadromous fish populations within that river system…”
-In addition, this law states that new hydroelectric projects should not have an impact on wild game fishing or recreational activities unless approved by a water resources commission.
3b). With respect to the one problem you identify in question 1, what does the law consider to be the problem behaviors by people that produce the problem or socially suboptimal conditions? Your answer probably needs to describe the personal and social values, motivations, social pressures, and incentives that drive people to behave in undesired ways.
-This law considers any activity related to hydroelectric development that results in the damage to anadromous salmon and steelhead populations to be the problem behavior. 2017 ORS 543.017 was put in place to mitigate damage to these fish’s populations and set standards for development through the use of public interest considerations and rules. Standards such as this are necessary for restricting specific behaviors if development is to proceed in a sustainable way. Hydroelectric power provides a renewable source of energy in an efficient and effective manner, because of this people will naturally have the incentive to exploit this resource to their full potential by breaking rules and ignoring public interest considerations. This behavior is undesired when considering the wellbeing and long term survival of anadromous salmon and steelhead populations, and for this reason standards as such are needed to deter this kind of behavior.
3c). With respect to the one problem you identify in question 1 and the particular problem behaviors you identify in question 2, how does the law seek to remedy the problem by altering people’s behavior? Only answer this question for 1-3 key provisions in the law instead of all the different ways it tries to affect behavior change. Look for the primary ‘devices’ of the law and not all the administrative and follow-on provisions in the law that help define and execute its primary devices. Be as specific as you can. Try to describe exactly what behaviors the law tries to change and exactly how the law tries to do so.
-The 2017 ORS 543.017 Minimum standards for the development of hydroelectric power: seeks to remedy the problem by having the Water Resources Commission put forward rules and recommendation to help carry out the policy which protects natural resources of Oregon.
-The Water Resources Commission may:
a.) Not approve activities that result in the loss of anadromous salmon and steelhead except
when the projects aim to restore the natural habitat or fish population.
b.) Consult local and state agencies when deciding whether or not proposed mitigations are
sustainable.
c.) Deny the development of projects that lead to a net loss in natural resources such as
wildlife.
d.) Look at present and future power demands to determine the need for a hydroelectric dams
e.) Consult the Energy Facility Siting Council for recommendations about dams producing 25
megawatts or more when determining the need for power.
f.) Select and take-up significant rules from the ORS 543.015 (Policy) that “protect the
natural resources of this state from possible adverse impacts caused by the use of the
waters of this state for the development of hydroelectric power”.
-https://www.oregonlaws.org/ors/543.015