I keep getting roped back into this...
If law enforcement has to enforce a law, to "Fix" the perception of a hazardous situation, they will enforce this law first
ARS 5-347. Interference with navigation or launching areas
A. No person shall unreasonably or unnecessarily interfere with other watercraft, with the free and proper use of the waterways of the state or with areas used for launching watercraft onto such waterways. Anchoring or swimming in heavily traveled channels or launching areas shall constitute such interference.
It is easier to chase off 1 or two divers, than to baby-sit every watercraft moving through a waterway in order to ensure that they don't scare divers.
Both parties could be perceived as breaking the law. If I was the cop, and i was approached by either a boater or a diver that was whining about other users occupying the same space that they were in, I would choose the least affected user, the diver, every time to be the one i asked to move . His presence in a 'heavily traveled channel' breaks a law that is in place to protect his safety and the safety of boaters.
You like to keep saying these swimmers have a right and boaters have a privilege, but there are laws that control usage for both. Any portion of the lake could be a heavily traveled channel during the summer. And therefore deemed not usable to swimmers/divers/floaters.
I do want to be clear, I am not talking about blatant negligence, I think ANY cop that SEES a boater at the lake intentionally run over a dive flag, act reckless, or run over a diver will take appropriate action. I really don't feel this is what you are arguing.
Do think if you went to your local pd and told them someone "almost" came real close to driving on the sidewalk and running you over while you were asleep and blocking their driveway at night, or better yet, "almost" ran you over when you were crossing the street in the middle of the block that they would put on a car vs. pedestrian task force? Pretty similar situation really, There are laws that prevent you from blocking access, and that restrict your right of way to a crosswalk. As well as laws that require a motor vehicle operator to control the speed of a vehicle to avoid a collision.
I hope this is the last time I "Bite"
Jeff