36 C.F.R. § 327.5
Swimming
(a) Swimming, wading, snorkeling or scuba diving at one's own risk is permitted, except at launching sites, designated mooring points and public docks, or other areas so designated by the District Commander.
(b) An international diver down, or inland diving flag must be displayed during underwater activities.
(c) Diving, jumping or swinging from trees, bridges or other structures which cross or are adjacent to project waters is prohibited.
Notes of Decisions
Cited in 5
cases, 1979–2020 · leading case: David L. Klepper v. City of Milford, Kansas, & David L. Klepper v. United States of Am., & Third Party & City of Milford, Kansas, Third Party, 825 F.2d 1440 (3rd Cir. 1987).
David L. Klepper v. City of Milford, Kansas, & David L. Klepper v. United States of Am., & Third Party & City of Milford, Kansas, Third Party, 825 F.2d 1440 (3rd Cir. 1987). “” 36 C.F.R. § 327.5 (1978). Finally, the regulations stated that § 327 applies to outgranted lands as “a minimum regulatory requirement” but that, otherwise, “[applicable laws and regulations of the State shall be deemed to apply on project lands or waters which are outgranted_”…”
Stephens v. United States, 472 F. Supp. 998 (C.D. Ill. 1979). “See 36 C.F.R. § 327.5 and the “Project Safety Plan” and “Master Plan”.”
Rosa v. United States, 613 F. Supp. 469 (M.D. Penn. 1985). “The regulations provide, in part, that swimming is at one’s “own risk,” see 36 C.F.R. § 327.5 (1982); that for one’s own safety, persons using the facilities should “remain inside the orange-zoned area” as “depths increase beyond,” and that “inner tubes are prohibited” within…”
Young v. Kansas State Park & Resources Auth., 627 P.2d 384 (Kan. Ct. App. 1981). “Plaintiff primarily relies upon 36 C.F.R. § 327.5 (1975), however. It reads: “Swimming, snork[e]ling or scuba diving is permitted, except in those areas of the lake, reservoir or other body of water designated by the District Engineer and marked by the posting of appropriate…”
Mayfield v. United States (W.D. Tex. 2020). “36 C.F.R. § 327.5 (a). Similarly, boats can be used generally in all locations except where expressly prohibited, such as in the clearly marked and protected swim areas.”
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