Officials At Surf-Simulating Water Park Counter-Sue County Officials Preventing Their Opening [UPDATED]

Austin, TX -- The owners of NLand Surf Park said Friday they have counter-sued Travis County Commissioners Court in a fight over government regulation oversight of the facility.

Previously, commissioners filed litigation to prevent the facility from opening without adherence to state regulations overseeing the operation of pools. But NLand officials insist their aquatic, wave-making feature meant to mimic waves for surfers isn't a run-of-the-mill pool and shouldn't be regulated under such conditions.

In an update sent to subscribers of bulletins on the park -- which its officials had hoped to open this summer before the legal roadblock -- NLand suggested their Constutional rights were being impinged upon by the county's legal maneuvering preventing its opening.

"To protect our Constitutional rights, we have filed a lawsuit against the county, its health department and the individuals on the Court," officials wrote. "Throughout its development, NLand has focused on building a state-of-the-art facilities that feature water treatment, filtration, world-class surfing and environmentally-friendly practices. Our efforts have accomplished that goal."

In their earlier statement, commissioners point to the very unique characteristics of which NLand officials boast -- its use of recycled water that park officials said wouldn't require the same treatment as more traditional pools -- as the basis for their own lawsuit.

"There is no debate that the NLand Surf Park is a pool," commissioners wrote in their statement. "The debate is whether it should be treated differently from other pools because of its unique characteristics."

Commissioners pointed to safety concerns as the motive for their goal to regulate the facility as they do pools within their jurisdiction.

"The county enforces these minimum standards on behalf of the state," commissioners wrote in defending their lawsuit. "In light of the suspected amoeba infection at a similarly sized whitewater rafting course in Charlotte, N.C., which claimed the life of an 18-year-old patron, public health standards for man-made water courses must be taken seriously."

NLand officials took umbrage at the suggestion their facility could potentially harbor such amoebae. They also reiterated their surprise at being sued in the first place, suggesting the county's lawsuit came without warning (county officials contend there have been discussion related to the matter for the past two years).

"Unfortunately, Travis County officials and the Travis County Commissioners Court have refused to engage in conversation," NLand officials wrote. "They have not acknowledged our studies or asked one question to gain perspective in this matter. Instead, they have tried to inflame the conversation by suggested we could have amoebas in our lagoon. If they're so concerned about amoebas, you'd think they would take a look at the studies or talk to us about our water treatment systems."

The operators of the site in Del Valle posited the county's lawsuit as a bad development for the community, including 50 area teenagers who had joined the team and were eager to start using the facility. They urged commissioners to reconsider.

"The Court has the ability to change course and meet with us to find solutions that work for everyone in Travis County," NLand officials wrote. "In fact, the county health department has the authority to do exactly that. Believe us, we would rather be on the water with you than in a courtroom arguing about regulations."

County officials previously said they would have no further comment on the matter, citing the ongoing nature of the litigation.

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From July 15:

Austin, TX -- The Travis County Commissioners Court has sued in order to prevent NLand Surf Park from opening its pool, county officials said Thursday.

County officials said in a press advisory the litigation was necessary given the facility's pool doesn't meet "minimum requirements of a public pool under state law," officials wrote.

"These state laws exist to protect public health," county officials said in the statement. "The county enforces these minimum standards on behalf of the state. In light of the suspected amoeba infection at a similarly sized whitewater rafting course in Charlotte, N.C., which claimed the life of an 18-year-old patron, public health standards for man-made water courses must be taken seriously."

NLand Surf Park officials had hoped to open the attraction this summer, according to their website. Claiming to be the first such facility of its kind in the nation, the facility in Del Valle, Texas, officials touted the attraction's surf-simulating attributes enabled by its wave-making technology.

"NLand Surf Park will be the only inland surfing destination in North America for surfers and wave sport enthusiasts from novices to world-class competitors," officials describe on their website. "The lagoon will feature one-, four- and perfectly shaped six-foot waves every 60 seconds with a lengthy surfing experience of 35 seconds per wave."

Officials described the facility as the culmination of a 15-year task by engineer and surfer Doug Coors, the park's founder and CEO.

Despite the self-described singularity of the place by its creators, commissioners contend that the surf simulator must comply by the same standards of any pool, regardless of its uniqueness.

"There is no debate that the NLand Surf Park is a pool," commissioners wrote in their statement. "The debate is whether it should be treated differently from other pools because of its unique characteristics."

Commissioners contend the lined pool covering 10 acres within a 160-acre property -- filled with some 11 million gallons of non-potable rainwater run-off -- wouldn't be circulated, filtered nor treated in the manner required for pools under state law. Commissioners added that discussions with the developer over concerns began at least two years ago.

"As of this writing, the developer has not yet applied for the necessary permits (much less been granted a variance) under state law," the commissioners' statement continues. "The developer asserts the pool will be open to the public within weeks."

Given that timeline, commissioners decided to file the litigation to compel state regulators to offer their guidance. Citing the pending litigation, Travis County officials declined further comment.

Travis County officials telegraphed their plans to sue on Tuesday, when they authorized the lawsuit now filed against the park that broke ground in April of last year.

In an update generated to subscribers of its alert, NLand officials expressed surprise earlier this week when commissioners first made known their intentions to sue.

“This action comes as a surprise to NLand," officials said in a statement referenced in a previous KXAN report. "NLand will not open until we can assure our guests the park will meet the highest standards for quality and safety. We are disappointed the county commissioners would take such drastic measures, without explanation."

But officials expressed optimism that an agreement could be reached with county officials that would enable them to open the facility: "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," NLand officials said.