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Plaintiff City of Slack Hawk (the "City") by its attorneys, Hayes, Phillips, Hoffrnann & Carberry, P.C., and Plaintiffs Silver Dollaz Metropolitan District ("SDMD") and Black Hawk Gaming Association ("BHGA") by their attorneys Grimshaw & Harring, P.C., for their Complaint Pursuant to C.R.S. § 24-4-106(4) state as follows: I. PRELIMINARY ALLEGATIONS 1. This is an action for judicial review of action taken by the State of Colorado Mined Land Reclamation Board (the "MLRB") in approving the application by Cleaz Creek Water Providers, LLC ("Applicant"), for a Section 112 Reclamation Permit. 2. The MLRB entered its Findings of Fact, Conclusion of Law and Order in the Matter of Clear Creek District Water Providers, LLC, Pile No. M-2004-067, an application for a Section 112 Reclamation Permit (hereinafter the "MMRR Quarry Application"), on February 1, 2006, which order is attached hereto as Exhibit A. 3. The City is a home rule municipality deriving its powers and authority from its home rule charter and Article XX, Section 6, of the Colorado Constitution. 4. The SDMD is aquasi-municipal corporation existing under the laws of Colorado, C.R.S. § 32-1-101, et seq. 5. The BHGA is an unincorporated association existing under the laws of Colorado. Casinos located in the City of Black Hawk comprise the membership of the BHGA. 6. Jurisdiction is proper in this case under C.R.S. § 24-4-106(2), which provides for judicial review of a "final agency action," "whether or not a petition for reconsideration has been filed, unless the filing of an application for reconsideration is required by the statutory provisions governing the specific agency." Id. 7. Here, Construction Material Rule (hereinafter "C.M.R.") 2.8.2 states that a written order issued after a MLRB hearing is a "Final Boazd Order" that "shall be effective on the date mailed or such later date as may be stated in the Fina] Board Order." The Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-32.5-101, et seq., (the "Act") and the Construction Material Rules promulgated by the Division of Minerals and Geology do not require the filing a petition for reconsideration with the agency before seeking judicial review, 8. The MLRB is a state agency. C.R.S. § 34-32-105. Venue is proper pursuant to C.R.C.P. 98(c)(I) in this case pursuant to C.R.S. § 24-4-106(4), which states, in part, that the "residence of a state agency for the purposes of this subsection (4) shall be deemed to be the City and County of Denver." 2 3/(/06 Q:IUSERSIBHIHMGIMINMGAPPLICAT/ON-MMBR QOA2BYLIPPEALICOMPLA/NT-FINAL-2.DOC