UNDERWATER SPELEOLOGY

Volume 9, Number Two

U nderwa ter S peleology VoL 9, No.2

UNDERWATER SPElEOlOGY Published Bimonthly

Beginning in February

by

The Cave Diving Section of The National Speleological Society

Deadline for publication is the second Friday of the preceding month. Send exchange publications, ar­ticles and editorial correspondence to the editor:

John Zumrick 120 Rusty Gans Dr.

Panam'a City Beach, Florida 32407

Section membership, which includes a subscription to underwater Speleology is open to all members in good standing of the National Speleological Society at $5.00 per year. Subscriptions to non-members is $7.00 per year. When making application for membership or requesting subscription information contact:

Stephen D. Maegerlen '';558)40,

P.O. Box 60 Williams, In. 47470

Make checks payable to the NSS Cave Diving Sec­tion in care of the Treasurer. Opinions expressed in Underwater Speleologyare not necessarily those of the section or the NSS.

EX E CUT I V E COMMITTEE

CHAIRPERSON William Fehring ,,,55 190:9,

3508 Hollow Oak Place Brandon. FL 33511

VICE-CHAIRPERSON Stephen E. Hudson 893' Cedar Creek North S.L M~rietta, Ga. 30067

SECRETARY Steven R. Straatsma 3501 Santa Anita Ct. Apt. 290 Tampa, FL 33614

TRAINING DIRECTOR Forrest M. Wilson ,NSS 166311

2832 Concord Dr. Decatur. Ga. 30033

TREASURER Stephen D. Maegerlen 'NSS 83~0I

P.O. Box 60 Williams, In. 47470

EDITOR John L Zumrick, Jr. INSS 18788)

120 Rusty Gans Dr. Panama City Beach, FL 32407

PROGRAM COORDINATORS: PUBLICATIONS •• ____________ . _. __ .. ___ ... _ .Sheck Exley

MEMBERSHIP ••.••••..•................... Sandy Fehring SLIDE PRESENTATIONS ......... _ ......... Wayne Marshall SAFETY .... _ ...................... Tom Cook. Wes Skiles ACCIDENT INVESTIGATIONS .•••••• _ .... Mary Ellen Eckhoff CAVE RESCUE .......................... Henry Nicholson CAVE FILES ............................ _ .•.. Bill Sinclair VISITING DIVERS ............................. Roy Bailey CARTOGRAPHY ..........••.•••........ ' ..... Sheck Exley RESEARCH .. _ .............................• Karen Wark CONSERVATION ............•........... Dennis Williams ABE DAVIS AWARD .. _ ...................... India Young WORKSHOP .............................. Steve Hudson

SECRETARY'S REPORT SUMMER EXECUTIVE COMMITTE E ME ETI NG by Sandra Fehring (NSS 19992)

A meeting of the Executive Committee of the C.ave Diving Section of the National Speleological Society was held at the Bran­ford High School, Branford, Florida on Sunday May 30, 1982.

The meeting was called to order by William K. Fehring, Chairman of the Cave Diving Section, who presided over the meeting. Sandra Fehring was acting Secretary for· the meeting. Members of the Executive Committee present were Steve Hudson, Forrest Wilson. William K. Fehring and John Zumrick.

William K. Fehring presented the Treasur­ers report on behalf of Stephen Maegerlein showing a balance of $2.641.62 plus $1. 100.00 in the Training Committee checking account.

Sheck Exley, Coordinator of the Publica­tions Committee, gave a detailed report on

14

the progress of the cave diving manual to be published shortly by the Section. $3,988.00 is the projected cost of printing the first 2,000 copies. It was suggested that the Section sell this manual for $7.95. This sum of money is required before the end of the summer and will present a cash flow problem which it was decided would be resolved in a special meeting of the Executive Committee later that day.

Committee reports had been given previous­ly as part of the Workshop program. The Training Committee Coordinator was asked to present his report at the special meeting called for later that day.

Bill Fehring brought up under old busines&Ili/1i!i the discussion of the section award that had been approved in principal at the winter

See Notes page 19.

, "

....

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Underwater Speleology Vol. q. No. ~

NATIONAL SPELEOLOGIC<\L SOCIETY CAVE DIVING SECTION

OUTSTANDING SERVICE AWARD

I. PURPOSE To recognize long-term contributions on the part of individuals to the im­provement of cave diving.

II. CRITERIA Contributions to pe recognized by this award should be those which improve the sport of cave diving, but which do not primarily or directly benefit the contributor. They must be long term in nature, rather than a single action, and should represent a sin­cere dedication to contributing to the enjoyment of cave diving by others.

III. ELIGIBILITY Any person shall be eligible. regardless of whether a trained cave diver or a member of the Cave Diving Section. However. no one may receive the award more than once.

IV. PROCEDURE

A. Each year nominations 01 potential recipients of this award shall be solicited from the membership through Underwate;~ Speleology.

B. The Executive Committee shall act as the selection committee and shall annually review the list of individuals who have been nominated in that year or previous years. Each year the Committee shall decide if, and to whom, the award should be given. The award shall be presented only when there is a truly outstanding contribution to be recognized.

C. The Executive Committee shall adopt a formal resolution incorporating the award. Said resolution shall include a description of the contributions being recognized, and shall be suitably framed for presentation.

D. The award-resolution shall be presented at the winter workshop.

V. INCORPORATION INTO BY-LAWS These procedures and criteria shall be presented to the general membership of the Section on the next election ballot in the form of a proposed by-law. However. the 1982 Executive Committee shall proceed to solicit nominations and consider presentation of the award in 1982 pending approval of said By-Law by the general membership.

EDITORIAL: IMPRESSIONS on Recent Executive Committee Actions

by John Zumrick (NSS 18788)

Activity within .the Cave Diving Section has increased as evidenced from the Executive Committee meeting notes contained in this and the previous issue of Underwater S peleology. In an attempt to expand upon these notes and to clarify them for some members. I would

8mjiHl~ike to offer some of my opinions on signifi-'Ilhl! t t" 1

receiving much return from their NSS dues and that these dues might be better used by cave divers as a separate organization. This at­titude might be expected from individuals who are. on the whole, Florida cave divers and whose only contact with the NSS is through the NSS news. Perhaps for too long the Section has remained ignorant of the many be­nefits membership in the NSS provides. 11

l.J' can ac Ions recent y by the Section.

At the last workshop, a few members ex­pressed the feeling that the Section was not See Impressions page 21.

15

Underwater Speleology Vo1.9.No.2

THE D-LITE: A NEW CAVE DIVING LIGHT by Jeffrey Bozanic (NSS 22532)

The liD II-Lite is a new primary caVe diving light developed by the Underwater Systems Division of Cal-Av, Inc. that is proving as good as its name for early users.

Designed by dive instructor, electronics manufacturer Ken Hirschberg, of Saratoga, California, the D-Lite is relatively light­weight, with a small, easily held lamp head and separate battery case. Both are painted white and constructed of cast aluminum.

The case is 12.5 by 4 by 2 inches with a racetrack shape that fits closely to the body, minimizing drag and the potential of entanglement. It attaches to the diver's· gear by passing a strap behind a piece of nylon webbing held in place by two stainless steel clamps. The o-ring sealed battery pack needs to be opened only for inspection or battery replacement. The battery pack con­tains six sealed lead -acid X cells. This 12 volt, 5 ampere-hour battery, when used with the 12 watt bulb supplied, yields a burn time of 3.5 hours between charges. It is capable of being recharged 400 to 1000 times, depend­ing on use.

Complete discharge can damage a sealed lead -acid battery, necessitating its early replacement. This potential problem has been eliminated in the D-Lite by means of a vol­tage sensing element that disconnects the load when the battery is exhausted. The bat­teries are recharged through a charge port which is sealed by an o-ring.

The light is activated by a magnetic reed switch located on the top of the battery case. Internal electronics provide a "soft" turn~. extending bulb life. The onloff switch sliding friction is adjustable. To prevent accidental discharge during travel­ing, the entire exterior switch assembly can be easily removed.

The D-Lite produces an illuminance of about 500 foot-candles at 10 feet in air. Beam spread is less than three degrees, pro-

16

ducing a primary spot of about 18 inches at a distance of 30 feet underwater. with enough. spill to light the surrounding area quit, well.

The lamphead is about 10 inches long, and 3.5 wide at the lamp end, with a .75 inch handle. T his narrow handle permits comfor­table control of both reel and lamp with a single hand.

The bulb used in the D-Lite is a 12 watt tungsten halogen bulb with combined reflec­tor. Bulb life is rated at 200 hours, which should make replacements infrequent and re­duce the chance of failure during a dive.

In air, the battery.. case weighs 7.5 pounds, and the lamphead 1.25 pounds. In salt water, the case is 3.9 pounds negative (4 pounds in fresh water), and the lamphead about 0.5 pounds negative. Cable length can be specified at the time of ordering.

The standard charger available for the D-Lite operates from 115 volt 50-60 Hz power. It will recharge the battery in fifteer hours, and provides protection against over\. charging. This charger sells for about $50. An economy wall plug in charger is also avai­lable for $25.

The D-Lite has been tested to 500 feet without leakage. When used in cold water, a small amount of condensation has been seen in the lamphead, but this problem was eliminated by use of silica gel. A silica gel pack is furnished for both battery case and lamphead.

The D-Lite was tested initially by cave diving instructors in the Lucayan Cavern System on Grand Bahama Island. They said they found the light to be extremely effective in every cave situation.

Cost of the D-Lite (excluding charger) is about $400. Replacement battery packs are available for about $50, and lamps with re­flectors for $15. Delivery is from stock to 45 days, F .0. B. Palo Alto, California. The owners name or initials can be engraved on the battery case for a $5 Charge. For furt~i1l11; er information and orders contact Cal-Av. hI'

Inc., Underwater Systems Division. P.O. Box 701, Palo Alto, California 94302; (415) 328-7999.

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Underwater Speleology Vol.9, No.2

LONGEST UNDERWATER CAVES LIST

by Sheck Exley (NSS 13146)

NAME LCD\TICN LENIDI County. State. Country Meters Feet Miles

1. Lucayan Caverns Grand Bahama Island. Bahamas1 8551 28.047 5.31 2. Peacock Springs Cave System Suwamee. Florida. USA1 6509 21.350 4.04 3. Blue Springs Cave Jackson. Florida. USA1 5577 18.294 3046 4. Green Sink Cave System Lafayette. Florida. USA1 4745 15.565 2.95 5. Rnerald Sink Cave System Wakulla. Florida. USA1 4205 13.792 2.61 6. Hornsby Spring Cave System Alachua. Florida. USA1 4125 13.530 2.56 7. Manatee Springs Cave System Levy. Florida. USA1 3978 13,049 2.47 8. Jade Hole Cave System Suwamee. Florida, USA1 3720 12,201 2.31 9. Devils Eye Cave System Gilchrist. Florida. USA1 3638 11.931 2.26

10. Keld Head Yorkshire, England2 3354 11.000 2.08 11. Blue Springs Cave System Madison. Florida. USA1 3117 10.223 1.94 12. Hole in the Wall Cave Jackson, Florida. USA1 3074 10.083 1.91 13. Indian Springs Cave Wakulla, Florida, USA1 3015 9.889 1.87· 14. Big Dismal Cave Leon, Florida, USA1 2754 9.032 1.71 15. Cocklebiddy Cave Nullarbor. Australia3 2650 8.692 1.65

1 . Survey by N.S.S. Cave Diving Section. 2 Yeadon. T.G •• "Keld Head". Cave Diving Group Newsletter. new ser" N 49 (Oct 78) 17 3 les o. • ,p.

Prust, Phil. Personal camunication on 26 June 1979.

The big news this time around is. of cour­se, that Lucayan Caverns has finally knocked the Peacock Springs Cave System off its lofty perch as the world's longest underwater cave. The "cock" was king of the roost for six years and at one time it seemed that it would never be surpassed. However. 1981 Section Chairman. Dennis Williams. and his team (Gene Melton, Jill Yager. Mary Brooks and other section members) managed not only to topple

,!he "cock" but also to push Lucayan more than ~!Itl~o" kilometers further, making it extremely

unhkely that Peacock will ever regain the "world's longest" distinction.

The list continues to be dominated by Florida caves, with no fewer than twelve of the fifteen longest being from that very".: small area. Thirteen of the fifteen have been explored and surveyed by members of the NSS Cave Diving Section. Florida sp~leolo-. gists will also be interested to learn that seventeen of that state's nineteen longest caves are completely underwater, and their state now boasts seventeen caves with survey­ed lengths in excess of a mile and twenty two caves in excess of a kilometer. Peacock was the 97th longest cave of any type in the United States in the last published list (Gulden 1980).

17

NSS CAVE DIVING SECTION COORDINATORS APPOINTED

by William K. Fehring (NSS 19079)

For the past several years the Section has had a number of standing committees concerned with a number of programs. Almost without exception these have been single-person pro­jects not involving any sort of actual com­mittee. Instead these committees are better termed programs each headed by a coordinator. The following are the various current coordi­nators. These appointments in no way effect the Training Committee which I feel is strictly the purvue of our Training Director and is probably our only true standing com­mittee.

Program: Publications Coordiantor: Sheck Exley Responsibility: Publication and dissemina­tion of all Section publications inclUding safety brochures, safety maps, etc., except for the newsletter.

Program: Membership Coordinator: Sandy Fehring Responsibility: Reviews membership list for lost members: contacts these members: sends welcome packages to new members; and responds to inquiries concerning Section or NSS mem­bership.

Program: Slide Presentation: Cooordinator: Wayne Marshall Responsibility: Preparation and dissemina­tion of slide shop packages for a variety of uses in support of Section programs.

Program: Safety Coordinators: Tom Cook (Northern area)

Wes Skiles (Southern area) Responsibilty: Development and dissemination of safety signs for caves and dive shops: de­velopment of ideas for new safety brochures: development of proposed new safety policies for the Section: development of new safety programs.

Program: Accident Investigation Coordinator: Mary Ellen Eckhoff Responsibility: Investigates and prepares a report on cave-related drownings, including probable causes of accident.

Program: Cave Rescue: Coordinator: Henry Nicholson Responsibility: Development and coordination of a Section recovery program including no­tification and contact program for law enfor­cement agencies, lists of available divers and equipment, a program for soliciting, selecting and training divers to be involved, etc.

18

Program: Cave Files ( Coordinator: Bill Sinclair . Responsibity: Maintain the sections files on . caves including maps, notes, publications, etc.: solicits information on new caves and new information on old caves from Section members: disseminates information on caves to Section members and others under guidelines established by the Executive Committee.

Program: ViSiting Divers Coordinator: Roy Bailey Responsibility: Responds to inquiries re­garding dive sites and diving buddies from divers from other areas of the country and other countries; coordinates attempts to find diving partners, accomodations, etc. for vis­iting divers.

Program: Cartography Coordinator: Sheck Exley Responsibility: To develop a consistent and effective method for taking, collecting, and compiling mapping information: to investigate and develop improved ways of producing maps, etc.

Program: Research Coordinator: Karen Wark ( Responsibility: To identify possible re~ search areas, projects, and programs with which Section membe ... ·s might become associated in efforts to advance cave diving as a sci­entific tool and as a science in and of it­self, and to improve the image of the Sec­tion.

Program: Conservation Coordinator: Dennis Williams Responsibility: To identify areas and issues where the Section can contribute to the con­servation of the existence, integrity, beau­ty, bilology, use, etc. of caves; to develop proposed positions which the Section might take on conservation related issues.

Most of these coordinators can use your help. The information that they have to act upon depends on you the section members. If you have information which may be of use to the various coordinators drop them a line. Even if your not sure the information is new, contact them anyway. It is only with the concerted help of all the section members that these programs can be truly effective. Should you desire to assist these coordina-~l~' tors in some aspect please contact them di~!mlll· rectly.

( NOTES.

PMI/WllSON Diving Safety Line Reel

At lost an easy to operate safety line reel. Enclosed "see through" design for relatively foul-proof

operation even for beginners_ Light weight, rugged, compact, and cor-

- ---::"""~~ rosion resistant. Features ------/-:;::0;>--:---- machined line guide and

//> nylon bushings. Over the /. ~ ... ~

I ~/ __ ----~~==-::::;-"'-_ top handle gives balance I ", and one hand operation

'/ ->~~--;< of light and reel. Has //c i-;;~~:S~"--,_: good ratio of cronk to

oo-tf/-1.V~-__ ';;.~~ line uptake. Reel dia-r> ., :_~JbL}~---' -- -- -~.l meter is 6 in by 3 in_

I '- ~o: - ---- ~C" -'" --\ wide. Holds up to 800 ~~\~~ "~' ~@'l ., '- -=""-:0:-, feet of line, (de-

'''-; _=--:1/;:,."0'.--:<' ,,;'! :' pending on size).

'" >:,:::r::-» -, ~-t:r!l W

AVAILABLE AT YOUR LOCAL DIVE SHOP OR WRITE FOR YOUR FREE CATALOG.

PIGEon mOUnTdln InDIISTRIES.lnC. PoO, .ox I03/IAFAYmE, GEORGIA 30721

(404) 764-1437

The meeting was called to order by Willaim Continued from page 14 K. Fehring, Chairman of the Section, who pre­

sided over the meeting. Sandra Fehring was acting Secretary for the meeting. Present were Steve Hudson, Forrest Wilson, William K. Fehring and John Zumrick.

workshop. The specifics of the a ward were discussed by the membership present. A move to accept the award as presented was made by Forrest Wilson, seconded by Steve Hudson and unanimously carried.

Under new business. the Chairman appointed Wayne Marshall to chair a committee to review the Constitution and By Laws of the Section. This committee is to report to the fall Executive Committee meeting.

There being no further business to come before the meeting and upon motion duly made, seconded and unanimously carried, the meeting was adjourned.

A motion was made by Steve Hudson and se­conded by John Zumrick that Sheck Exley be authorized to spend up to $3.988 for the printing of the first 2,000 copies of the new cave diving manual. Based on the present funds, revenue from the workshop and renewal memberships, section funds should be suffici­ent to meet current needs. Funds in the training account may be used as needed. The motion was unanimously carried.

A special meeting of the Executive Commit­tee of the Cave Diving Section of the Nation­

~mllil~l Speleological Society was held at 2: 30 PM '-'11, at the Branford High School, Branford,

Florida on Sunday May 30, 1982.

Forrest Wilson gave a Training Committee report. As of January 1, 1982 we had train­

ed 390 cave divers. Since January 1, we have trained an additional 130 new cave dive['s making a total trained by the Section :;211.

See Notes page 21.

19

Vllllerwater Speleology Vol.9, No.2

In order to clarify a somewhat misleading entry in Cave Diving Notes, Underwater Spele­~, Vol.8 No.5, I offer to our section members and other enlightened readers the true story of

WHY COOK DIDN'T CAVE by Warren Hall

(NSS 17679)

At a' :g~thering '~f the clan in S'eptember of 1981 in the western:' hills' of ,Connecticut, the beer and bUn flowed freeiy J Wild t8.1es of great spelean., adventures flew around .. ' the campfire. NoLthe least of these were tales of cave ,dives'p~st. Before the last story­teller crawled off to sleep,. plans were made to dive a quarry in Wes(,Stockbrige, Mas­sachusetts. Kevin Downey, noted NSS.caver, had told us that area divers reported seeing two caves at 50 and 90 feet. .

On arrival a~ the quarry we found that ac­cess required some fancy footwork in carrying our gear over the fast stream on a, single log. Next it was up and over a fifteen, foot ledge. We had agreed to diVe doubles, b\lt Cook showed up with two singles claiming he didn't have time to get scrap at the junkyard for tank bands.

The divers involved were Tom Cook, John Evans, Danny Brass and myself. Cook and Evans with drysuits and singles agreed to make the first dive to find the entrance. Cook wanted a descent line in the quarry, to be used for decompression and as a reference point. Thus, a rock was tied to 150 foot length of PMI and tossed into the water. Cook was to place the rock on bottom near the cave entrance.

Cook and Evans disappeared into the cold dark waters. The line could be seen moving about. At one point they surfaced in a huge tangle of caving rope asking that the slack be taken in. A short time passed as we watched the two sets of bubbles, and then there was only one. We thought Cook had en­tered the cave, but this thought was quickly dispelled when he broke the surface. His bulging eyes, flailing arms and gasping breath told a different story; old silt brain had run out of air. We couldn't go to his immediate aid as we were on the ground laugh­ing. As Cook thrashed around on the surface trying to regain his composure, we regained ours and asked him where John was. He said he'd last seen John sinking out of control below him. Danny and I were preparing to go to Johns aid just as he regained the surface.

After explaining to Cook how to read a pressure gauge, Danny and I got, set to dive "1"'" Cook got on his other single and joined us \ Tom said that the west wall was a massive '

, breakdown slope so we went over to the east wall. We tied of the line at the surface and descended into the cold forty degree water. I ran the reel while Danny' followed. Cook would follow and survey. On, the way down we passed through a sulfur dioxide layer and Cook disappeared. I wasn't to concerned as I was used to Cook's disappearing act. The visibility dropped to ten feet and' at ninety

, ,feet I found a cave entrance. '

I. signalled to' Danny to remain outside in the case of a blackout, 'and entered. The en­tra~ce was a restriction; just looking at it caused a siltout. After wiggling in about thirty feet. I came to a large area where I couldn't see or feel· either the ceiling or a

,wall. 'I turnedtQ signa.)" Danny to join me, but he couldn't see my light. After a minute during which the silt didn't settle:, I exited to talk with Oannr.

A few' feet into the restrictio~ I found that I was caught on something • This some­thing proved to be,!! 4 inch:,line, entangled in my manifold. I bad no idea where it caml -from. Due to the size of the passage \ couldn't reach the entanglement. However. ' with a few blind cuts behind me in places I could feel but not see I was able to free my­self. Thank goodness for forearm knives. Reunited, we reeled in the line. but thinking this was the cave the locals meant left the line hang along the quarry wall.

Above the sulfur layer the visibility was better about thirty feet. We swam about the quarry poking into various holes that didn't go when after rounding a corner we saw a large cave entrance looming before us at a depth of fifty feet. Cursing the fact that the reel was at the other end of the quarry we swam toward the entrance. Staying, within sight of daylight we slowly entered. The tunnel loomed large before us. In its floor was a crevice large enough to swim through that we believe connects the two tunnels. These tunnels appear to be manmade. After only sixty feet we exited. Because of the approaching winter. closer inspection must await the spring.

On the surface we told the others of our find. Cook immedi~tely began aserie~ of n' pronouncements. Hls eyes held stea~y m ~lMll: distant stare as he rambled on callmg fo~ symposiums. training site,S, expeditions, sur­veys, and other unintelligible things. A gleam came into his eyes as I told him of the small silty tunnel in which I had been mornen-

I /

, '.

';.drily trapped. This glea:.1s sec:r.cd t:) co:nc from deep within the silt clogged passages of his mind. The stare wavered only slightly

(_ -·"nd the gleam flared briefly when I told him

Je'd name it- COOK DIDN'T CAVE.

NOTES. Continued from page 19. Forrest gave a report on the analysis of the present course content by the Training Committee that had been requested at the last Executive Committee meeting. . Minor changes were recommended. Forrest Wilson moved that these changes be approved. Steve Hudson se­conded the motion and the motion unanimously carried.

Forrest also moved that the Training Com­mittee be allowed to spend h 50 per training certificate for typing. This will be taken from the $4.00 fee for processing each cer­tificate. John Zumrick seconded this motion, and it unanimously carried.

Steve Hudson discussed a section contribu­tion to the NSS building fund, but due to present limited finances, no motion was made.

( Steve Hudson suggested that the next work-shop should be coordinated by two people, one to arrange the program and one to make physi'­cal arrangements.· He also suggested that each coordinator add to existing guidelines on planning the workshop to assist new co­ordinators. The date for the next workshop was set for January I, 1983. The workshop coordinators will be appointed by the section chairman within ten days.

The next executive committee meeting was tentatively set for the first or second week­end in October, possibly to be held in con­nection with the TAG Fall Cave-In. There being no further business before the commit­tee, and upon motion duly made, seconded and unanimously carried, the meeting was ad­journed.

IMPRESSIONS. Continued from page 15.

was generally agreed that if it seemed the Section was not profitting from being an in-

dllW/iiflernal organization of the NSS it was because ~Je, not the NSS, had failed to utilize the

benefits offered us. The Executive Committee is actively working toward improved Uason with the NSS. Along these lines, the fall Executive Committee meeting will be held in

21

Underwater Speleology Vo1.9, No. ~

TAG perhaps during the TAG fall Cave-lil. I"$t'­

sides conducting important business, the COln­

rriittee will have the opportunity to inter:"l:l.ct with other NSS members.

Access to caves has long been a touch \­issue among caVe divers. Recently, this is-:" sue with regard to access to Lucayan Caverns has caused much controversy. Officially the Section has taken no stand on this issue. Unfortunately, the Section has not provided any guidance in dealing with these issues. Within the NS S, however, there is considerable expertice in managing cave resources. These individuals hold symposiums on cave management the proceeding of which are for sale to the public through the NSS bookstore. Due to this issue and also the recent formation of the Peacock Springs Conservation Task Force, we can expect more attention to be given to the issue of cave management.

The long awaited NSS Cave Diving Manual will be available shortly. All chapters have been completed and typesetting has begun. This will be a professional looking text com­plete with full color covers. The initial printing will cause the Section some cash flow problems as it will deplete our existing treasury. This, however, should pose only a temporary problem in that initial sales along with other income should suffice to keep us functioning.

As the size of the Section expands, we are finding that our initial simple organization­al structure may be inadequate to meet cur­rent needs. Orginally the section had a secretary /treasurer position, but increased demand on this one person led to the split­ting of responsibilities under a separate treasurer and secretary. Now it appears the a review of our constitution and the formula­tion of Section bylaws is in order. For example, we currently have no provision for accepting proxy votes from absent Executive Committee members, or even a definition of what constitutes a quorum at such meetings. Applying for and being granted tax exempt status, something the Section plans to do, will also require alteration of the constitu­tion and the formulation of bylaws. A com­mittee has been established to investigate this problem and report to the Executive Com­mittee this fall prior to submission to the membership.

Underwater Speleology Vo1.9,No.2

A LIABI LilY RE LEASE FOR LAND OWNERS by lawrence Laine (NSS 14045)

One problem cavers frequently encounter is a land. owner reluctant to allow people into his caves. The problem, often unstated by the landowner, is his very real fear of being sued. The local farmer or landowner may not be afraid of legal action from an injured caver but from the family of the caver. In a typical situation it is a grief stricken par­ent that decides someone should be held ac­countable for the death of their child.

How can a land owner protect himself from this kind of suit? To phrase the question another way, what can an NSS member do to convince the landowner that if he allows cav­ers on his land he will not be sued. This question was put to me by a cave owner in Minnesota who is himself a caver. I re­searched his question by reading Minnesota

- Supreme Court cases and general contract law. The agreement that follows is the end result.

I constructed the agreement by first list­ing all the elements that must be in a con­tract in order for it to be binding and en­forceable in court. These elements generally are recognized by the courts throughout the United States. Then I added the specific concepts of release from liability and prom­ise not to sue. These specific legal con­cepts are recognized by courts in Minnesota so the contract is probably a binding and en­forceable agreement here. However. these specific concepts may not be recognized by the court in other states and thus this con­tract may not be a binding and enforceable agreement in those states.

However, there are still some problems with this contract even here in Minnesota. First, the contract is too long. In order to make it satisfy the requirements of a valid contract, a long form is required.

Second,. there is the problem of the land­owner's negligence causing the death of or injury to the caver. For example. say Carl Caver and Oscar Owner sign the contract. Carl is killed by a falling rock during a rappel into the cave. The agreement should prevent any member of Carl's family from su­ing Oscar for allowing Carl into a dangerous cave. Instead, say that Oscar drops a rock onto Carl's head while Carl is on rappel in-

22

tending to rid the world of dirty cavers. Clearly, this kind of gross negligence cannot (" be avoided by the contract. .

But consider the situation where Oscar honestly forgetting about Carl. decides to blow up some trees with explosives while Carl, down below. is about to make a delicate move on a narrow ledge unroped and unprotect­ed. Oscar sets off his charge and Carl takes his last fall into that big cave in the sky. Oscar and Carl both are negligent but does the agreement protect Oscar from a lawsuit? Maybe yes and maybe no.

Third, there is the problem with the age of the signers of the contract.' Probably the signing caver will need to be at least legal age in order to form a binding agreement with the landowner. I'm assuming the landowner will always be an adult.

Fourth, there exists a problem with re-· spect to injuries not within the contempla­tion of the parties at the time of signing. The release and promise not to sue probably is binding only for injuries actually within the contemplation of the parties at the time of signing regardless of the language of the ('. ,. contract. I try to get around this by saying the parties intend (i.e. contemplated) the release and the promise not to sue applies to injuries and damage not within the contempla­tion of the parties. I have doubts as to whether this will work.

Lastly, there is the human element. Try as lawyers do to build a fortress with a con­tract to protect their clients. there comes a situation so filled with sympathy that the judge and jury are turned to mush. I repre­sented a man in a criminal trial for burglary where one witness testifying against my cli­ent came into court in a wheel chair. She was totally paralyzed and had a portable res­pirator moving up and down and up and down on her chest during the testimony. She told the jury that she had polio as a child and has lived in an iron lung all her life. She could only liVe a short time out of that iron lung. even with her portable unit. A witness like that puts tears into the jury's eyes. Now consider young Carl Caver paralyzed for life due to his accident in Oscar's cave, strapped into his special wheel chair and tears streaming down his face; he struggles to tell his story unable to move. On the table before the jury is plaitiff's exhibit A, the remains of Carl's leg, cut off during the fall that left him paralyzed. Looking at Carl, the jury may not care about his agree­ment with Oscar.

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AGREEMENT TO RELEASE Eo"ROM LIABILITY AND MAKE A COVENANT NOT TO SUE.

OWNER: OWner is the legal Owner or owners of the Land. OWner leaseholder, controlling person, caretaker of the Land or representatives of the Owner.

includes the other legal

VISITOR: Visitor is the party or parties requesting permission from Owner to enter the Land, to locate, visit, explore, study or map the cave or caves on the Land of the Owner. Visitor includes the family members of Visitor, his parents, wife, children, heirs, people assigned the legal rights of Visitor, agents, executors and administers.

LAND: Land includes the real property owned by OWner on which one or more caves may exist or are known to exist. This includes the physical surface, either land or water, that must be crossed in order to reach the entrances to caves or springs located on the real property of OWner and the caves or springs themselves with the necessary surface that must be crossed in order to discover unknown entrances' to unknown or known caves on the real property of OWner.

RELEASE FROM LIABILITY: Release from liability Within this agreement means a relinguisfiment and giving up by Visitor of all his legal rights, claims and privileges against Owner that now exist or may come to exist in the future. It is intended to extinguish and end forever any right of legal action by Visitor against Owner for any damage, injury or death to Visitor or his property while on the Land.

COVENANT NOT TO SUE: Covenant Not to Sue within this agreement means Visitor is forever barred from enforcement by lawsuit against Owner of any claim or cause of action for damage, injury or death to Visitor or his property now existing or coming into existence in the future arising from any activity of Visitor while on Owner's Land.

GENERAL AGREEMENT: This contract between Owner and Visitor shall be construed as a whole. Words used will be construed according to their ordinary meaning. This COntract is intended to be the complete and final expression of the intentions of both parties and is formed and binding when signed by both parties below.

SPECIFIC AGREEMENT: OWner makes an unconditional promise to allow Visitor to enter upon Land and visit, enter, explore, study and map caves on the Land. Owner dis­claims any and all reponsibility for bodily injury, death or damage to Visitor or his property while on Owner's Land. In addition, ViSitor makes with Owner a Covenant Not to Sue Owner for any reason arising from any bodily injury, death or damage to Visitor or his property occurring while on Owner's Land. Visitor acknowledges the inherent dangers of cave exploration and assumes any and all risks arising out of travel across the Land of Owner and travel within the caves located below the surface of the OWner's Land.

INTENTION OF PARTIES: Parties intend and contemplate this contract will be binding with respect to any claims made by Visitor against OWner based upon death, injury,

/ or damage to Visitor or his property ariSing from a visitor by Visitor to Owner's Land which includes:

(1) Known and expected injuries and ,damages to Visitor and his property and expected and unexpected consequences of those injuries and damage; (2) Unknown and unexpected injuries and damage to Visitor or his property and expected and unexpected consequences of those injuries and damage; and (3) Any other injury or damage to Visitor and his property and the consequences of those injuries and damage that may not be with the contemplation of the parties at the time this contract is signed.

Consideration: Owner acknowledges that Vis i tor's promise to Release Owner- from Liability and make the Owner a Covenant Not To Sue has value to Owner. Visi~or acknowledges Owner's promise to allow Visitor to enter Owners Land has value to the Visitor. Owner and Visitor both agree that Owner's promise to allow Visitor to enter Owner's Land caused ViSitor to release Owner from Liability and make with Owner a Covenant Not To Sue. Owner and Visitor both agree that Visitors promise to Release Owner From Liability and make with Owner a Covenant Not To Sue caused Owner to allow Visitor to enter Owner's Land, something Owner would not otherwise have done and for which Owner except for this contract has no obligation to do.

Time Period Contract In Effect: The period of time Owner grants permission to VisItor to VisIt on fils Land is set forth next to Owner's signature. Visitor's Release from Liability and Covenant Not To Sue is and shall be in effect forever.

Signed:

Owners: Visitors: Date: ----Date: ----Date: --------------------------- ----Date: ------------------------- -----

Period Of Time Within Which Visitor May Visit Owners Land:

Stephen D. Maegerlen P.D.Box 60 Williams, In. 47470

Date:

Date: ----Date: -----Date: ----

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