I've only scuba'd a half-dozen times. So maybe I'm not envisioning this correctly: Someone needs to "see you touch the lake-bottom" (versus merely swimming around @ mid-water depths). But .... wait ... maybe this is silly, but .... wouldn't they like-wise need-to-be scuba diving as well, to discern whether or not you "touched the bottom" , in order for you to be in some sort of "imminent legal trouble" ? Obviously if they're in their home or on the beach, this seems implausible.
Yet despite this, no doubt, underwater md'rs will "knock themselves silly with fear" and splitting hairs ?
They would have to see you touch somehow. Either by diving, snorkeling or something. And if you get a citation the officer isn't the complainant the homeowner has to testify.
And as I said, if they see you touch the first time, they have to tell you, you are trespassing. Kind of impossible if you never surface!
Another law I FORGOT to mention is, IF the lake has ANY KIND of public access AT ALL, NO homeowner owns ANY part of the bottom. They own only to the high water mark. So if the lake has a public beach, a public boat ramp, or a public stream or river going into it. The homeowners rights STOP DEAD when you reach the high water mark.
And as Mud stated, I have had the police called on me way over 20 times. I told one very rich jerk to leave me alone and go play with himself. The three officers that showed up couldn't stop laughing. The sgt called him a pompous jerk. Not to his face but when they came and talked to me.
Oh, yes, I have tons of stories. I have not seen the inside of a jail cell yet and yes I really have pushed the envelope. One officer got so mad, he said he was going to tow my truck. I said go ahead. I will sit here on the log till after it is gone. He got in his car and slammed the door. A couple of minutes later he rolled down the window, called me over APOLOGIZED and said I was right.
Would I suggest this to anybody?
OF COURSE NOT. if you do NOT KNOW THE LAWS and you are intimidated, NO HARM in leaving to find out before you find yourself in jail.
I know what officers have to do. You have homeowners and very rich ones at that on lakes with waterfront and you have an outsider that lives hours away. The homeowners in the area are paying your salary. Who do you want to appease?? A stranger or the people that called.
In SLC a homeowner went to jail after confronting me. I was an off duty state cop and armed. He went WAY TO FAR by trying to kick me off a parking strip. Had a badge on his belt and said he was a cop. I went to reach for my wallet and he said to keep my hands where he could see them. I did, told him I wasn't moving and went back to detecting. He yelled someone is going to jail. He was right. About a half hour later two SLC police officers showed up. I put my detector down, raised my hands and said I am armed I am a state officer. One asked for my ID. I told them the story and he was arrested without any problems. He had a security guard badge on his belt and I knew it.
Last year I only had the police called once. I will educate them and I talk very civilly to them. One year 9 times in one lake alone.
Handle yourself in a professional way, if you don't know you are right, LEAVE. If you know you are right and you have the laws with you, argue politely if you want. BUT there is no harm in appeasing the people that believe the world is all theirs and come back another day.
I will say one more thing. IF you KNOW you are breaking the law but still want to steal someone elses money in the ground.
YOU ARE AN IDIOT.
Mud, one lake it was worse than that. One suggested I was a child molester and I was diving under the kids to watch them. Rich folks have an easy life. SOME really think they own everything. That is a fact.
I have my drivers license number memorized. They ask my name and I just give them my number and say now you have all my information. You have no idea how many officers that impresses. Since I am diving, all my ID is in my truck anyway.