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As matter of the Colorado Constitution, both judge -made law and the Colorado <br />Administrative Procedure Act, CRS §§ 24 -4 -101 to 108, comprehensively enforce the <br />constitutional separation of powers by requiring parties involved in administrative proceedings to <br />exhaust their administrative remedies before seeking judicial review of determinations made by <br />the agency. Envirotest v. Colorado Dep't of Revenue, 109 P.3d 142, 143 — 144 (Colo. 2005) <br />citin CRS § 24 -4- 106(2) ( "[fJinal agency action under this or any other law shall be subject to <br />judicial review as provided in this section ") (emphasis added). See also, Opening Brief at 7 — 9 <br />and cases cited therein. Here, plaintiffs' claims are not "allowable" due to their failure to <br />exhaust remedies. <br />C. Hypothetical Future Breaches Do Not Create Jurisdiction. <br />Plaintiffs next argue that, despite all appearances, the FAC is really concerned with other <br />breaches of contract than the ones it actually alleges. Response Brief at 3 — 4. The only Lease <br />provision plaintiffs identify in their brief — not referenced in the FAC — is one that addresses the <br />final condition of the Property following reclamation. Id. As stated in WFC's Brief (and not <br />contested by plaintiffs) reclamation will not be complete until at the earliest the year 2022. <br />Opening Brief, Statement of Facts at page 3 ¶ 3. Plaintiffs may speculate that Western Fuels <br />might, someday, breach this provision, but that does confer jurisdiction on this Court. Not only <br />is there no anticipatory repudiation alleged in the FAC, but under WFC's current, approved <br />permit, the reclamation plan will accomplish each of these requirements. See, Opening Brief <br />Exhibit 8, page 5, IT 35 and 38. Plaintiffs have made no move to pursue their appeal of the <br />approval of PR -06 in the companion case in this Court, 10 -CV -548. Until that approval is <br />reversed, the Court must presume that this regulatory finding is proper and binding on this Court, <br />and it cannot be challenged in this action (See, Argument Section III.C. below). <br />5 <br />