A surf park set to make waves in Texas has hit troubled waters after Travis County Commissioners authorised a lawsuit to prevent it from opening if it failed to meet the same legal requirements as a public pool.

The NLand Surf Park – a development led by businessman Doug Coors and backed by Colorado-based 9th Street Capital – broke ground in April 2015 but may now have to meet the same standards for its 48,500sq m (522,000sq ft) surf lagoon as it would for other pools in the state, which would usually measure at around 1,250sq m (13,450sq ft) by comparison.

“Since breaking ground we have worked closely with city, county and state officials, and have demonstrated a commitment to being responsible stewards in each aspect of the park’s operation,” said an NLand statement, which added that the action of the state came as a “surprise” to the operator.

According to Travis County officials, public swimming pools must meet a number of requirements to operate within the state of Texas. These laws include specific levels of chlorine, and development in a way that reduces drowning risk. The law also states that the pool must be built in a way to prevent people spitting into the pool or urinating in the water.

“NLand will not open until we can assure our guests the park will meet the highest standards for quality and safety,” continued the statement. “We are disappointed the county commissioners would take such drastic measures, without explanation. We look forward to creating a win-win solution for Travis County, NLand and most importantly the millions of surfers and surfers-to-be worldwide.”

The lawsuit will debate whether the lagoon – to be filled with 11 million gallons (41 million litres) of rainwater – should be treated differently from other pools in the state because of its natural make up.

The lagoon, just outside of Austin, will feature eleven surfing areas with four different surfing levels ranging from beginner to professional. Wavegarden technology will create waves ranging from one to six feet every 60 seconds, with waves consistently maintaining power and shape. It is scheduled to open later this year.