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  1. #11
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    Eric's just getting back into diving after a nasty motorcycle accident. He was at the recent NACD Conference. I suggested to Debra Green that she try to sign him up to speak at next year's event. I for one would love to hear about the Silver Springs exploration.

    Andy


  2. #12

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    Quote Originally Posted by WEPIV View Post
    You can take a boat up there (as has been done for decades) and dive (with a flag). The Silver Springs folks may not like it but they can't do much about it unless some local law has been changed for their benefit.
    Even if someone tells you to get out of the water the worse thing that would happen is that eventually (perhaps) a local law enforcement boat might show up and ask you to leave.
    (Which again I believe they don't have the legal right to do.)
    Then, you can either leave or get a ticket/summons and deal with it legally.
    Let me know when you are going! I live close by, and I want to watch. I'm pretty sure it's against the law to dive in a head spring in Marion County, but it would be great if you prove me wrong! From what Eric told me, It's not just tight, it's VERY unstable. As Andy said, He's one of the best, and he says he's not going any further. He described breath hold sections where he couldn't breath for fear his bubbles would cause a collapse. Of course he had to identify them by feel in the zero viz upon exit.


  3. #13
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    I don’t like it but here it is in Marion County’s municipal code Chapter 5 (Boats, Docks, and Waterways)

    Sec. 5-2. - Scuba diving prohibited at certain locations.

    (a) For purposes of this section, "scuba diving" shall mean swimming underwater with any apparatus, whether self-contained or connected to a distant source of air or other gas, whereby a person wholly or partially submerged in water is enabled to obtain or reuse air or any other gas or gases for breathing without returning to the surface of the water.

    (b) Scuba diving shall be unlawful at the following locations:

    (1) The headwaters of the Rainbow River (formerly known as Blue Springs and Blue Run).
    (2) The headwaters of Silver River and that portion of Silver River from the headwaters of Silver River to a point three thousand (3,000) yards down river.
    (3) That portion of Silver Glen Springs and Silver Glen Run lying within the unincorporated area of the county.

    (c) The provisions of this section may be enforced by any local state or federal law enforcement officer, acting within his jurisdiction.

    Mark Sumner

  4. #14
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    There might be a legal challege to this if someone with deep pockets wants to sue the county. Since all of these locations are obviously accessable by Navigable waterways, what is the legal reason for this prohibition? They might be able to say no diving from the land. Silver glen is a Federal park and Silver is private property. But if you come by boat it kinda goes against the legal ruling in the Three Sisters case


  5. #15
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    ...and Poe Spring as well, IIRC.


  6. #16

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    Well, I'm not sure when I'll visit the Silver Springs head spring in a boat but I plan on it sometime and when I do, if I have not had the chance to dive in the spring by then for a job (photography) then I plan on taking a short dive to shoot some photos of the boats, etc., on the bottom but not in the cave.
    And thanks Mark for finding the county laws, but I've already dove in one of the supposedly closed head springs (Rainbow) while working on a movie that was shot there back in 2005.
    (The Hawk is Dying.)
    I would like to know why and how this law was enacted in Marion County, and by the way, as I said in my earlier post, (and with all due respect), you could very likely do a dive at Silver Springs and be out of the water and gone before anyone responded to tell you to leave. And if they did get there while you were still diving it's not like you would be arrested and carted away! (Although if you get a trespass warning, etc., I would not return for a dive there anytime soon....)


  7. #17
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    Quote Originally Posted by curtschu View Post
    There might be a legal challege to this if someone with deep pockets wants to sue the county. Since all of these locations are obviously accessable by Navigable waterways, what is the legal reason for this prohibition? They might be able to say no diving from the land. Silver glen is a Federal park and Silver is private property. But if you come by boat it kinda goes against the legal ruling in the Three Sisters case
    The difference between this county ordinance and the Three Sisters/Poe Springs Park ruling is that Marion County is not trying to prohibit access. You can go up the Silver Glen run, the Rainbow River, and the Silver River by boat; they are not trying to stop you, but when you are there you can not SCUBA dive. I am sure they will cite some public safety crap when questioned as to why. As I said I do not like it, but legally the County is probably within their right to prohibit certain activities in certain places. Their lawyers probably told them that they can not close off access or they would have done that.

    Mark Sumner

  8. #18

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    Quote Originally Posted by EEL View Post
    The difference between this county ordinance and the Three Sisters/Poe Springs Park ruling is that Marion County is not trying to prohibit access. You can go up the Silver Glen run, the Rainbow River, and the Silver River by boat; they are not trying to stop you, but when you are there you can not SCUBA dive. I am sure they will cite some public safety crap when questioned as to why. As I said I do not like it, but legally the County is probably within their right to prohibit certain activities in certain places. Their lawyers probably told them that they can not close off access or they would have done that.
    Thanks Mark! It is also Illegal to swim above the 3000 foot mark, and fishing is prohibited in the entire river. As far as people diving with a flag from a boat all these years, I guess I just missed it on the numerous occasions that I have explored this river over the last 50 years. I think Gene is referring to the section of the river below the 3000 foot mark. Their are no openings in this part of the river that I know of. I dive this section, and it is a great dive! It is legal, but risky due to the parade of large boats plowing up the river bottom, and the large alligators that prowl the area.
    As far as ownership is concerned, I'm pretty sure the state owns the spring, the river, and the land surrounding them. They lease the attraction to a private entity.


  9. #19

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    Quote Originally Posted by WEPIV View Post
    Well, I'm not sure when I'll visit the Silver Springs head spring in a boat but I plan on it sometime and when I do, if I have not had the chance to dive in the spring by then for a job (photography) then I plan on taking a short dive to shoot some photos of the boats, etc., on the bottom but not in the cave.
    And thanks Mark for finding the county laws, but I've already dove in one of the supposedly closed head springs (Rainbow) while working on a movie that was shot there back in 2005.
    (The Hawk is Dying.)
    I would like to know why and how this law was enacted in Marion County, and by the way, as I said in my earlier post, (and with all due respect), you could very likely do a dive at Silver Springs and be out of the water and gone before anyone responded to tell you to leave. And if they did get there while you were still diving it's not like you would be arrested and carted away! (Although if you get a trespass warning, etc., I would not return for a dive there anytime soon....)
    For what it's worth, I have been caught in the act of illegally entering the water inside the park. When I was a kid, Silver springs was the local swim hole. Back then they had a swimming area right next to the main spring. We used to occasionally wander over to Mike Nelsons cabin and jump off of the roof into the small spring located nearby. A big fat security guard on a Cushman scooter used to chase us off. We usually had it planned to swim the 5 miles to the boat basin for our escape. He finally called in the game warden, and when the warden pulled his boat next to us swimming down the river he asked where we were headed."The Boat Basin" we replied. He voiced his concern for our safety and offered us a ride only to have us assure him that we "did it all the time". "Have you ever done it during Alligator mating season"? "What do you mean Mating season we asked". He didn't get very far in his explanation before we were climbing into his boat! He chastised us for giving the security guard a hard time and let us go.
    I think these days you might have to pay a fine if you get caught. I might be willing to chance it at a system that shows more promise like, say Silver Glen!


  10. #20

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    Gene,

    I know a handful of people that have been in the head spring area through the years while on scuba, but granted most if not all of that was during photo/film shoots. (I have not been there while working as of yet.)
    But, my grandparents used to bring their houseboat up into the spring years ago and family members would swim, etc., while there. So I grew up hearing from others that you can't do this or that at Silver Springs but I knew from past experience that either you could, if you weren't afraid to, or of course if you were working there while on a project.
    Having said that, I still don't believe they have a legal right to say no diving there and I think that you would likely just receive some kind of warning or ticket if you actually did get caught. (I'm not talking about cave diving just cavern or open water.)

    Gene



 

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