incorrect underwater effect 14w06b

in ANY gamemode you can receive the "being underwater" effect if your head is between 0.5 and 1.5 blocks below a water block
this bug also overrides the "underwater" effect that spectator mode has making it too dark to see anything (to create this replace the ice blocks in the picture with water)

can be recreated like the pictures shown (dose not mater what block it is including air)