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e <br /> A. <br /> A case is moot when judgment, if rendered, will have no <br /> practical effect upon an existing legal controversy. Tippett v_ <br /> Johnson, 742 P.2d 314 (Colo. 1987) . Courts are not empowered to <br /> give advisory opinions based on hypothetical fact situations. <br /> Bickel v. City of Boulder, 885 P.2d 215 (Colo. 1994) , cert. <br /> denied sub nom. Wright v. Boulder Valley school District RE-2, <br /> U. S. , 115 S.Ct. 1112, 130 L.Ed. 2d 1076 (1995) . <br /> Section 34-33-123 (12) , the statute under which the Division <br /> filed this action, provides, in pertinent part: <br /> The board or office may request the attorney <br /> general to institute a civil action for <br /> relief, including a permanent or temporary <br /> injunction, restraining order, or any other <br /> appropriate order . . . w_henever ,such <br /> ermittee or an agent- of such 2ermittee <br /> violates or fails or refuses to comply with <br /> any order or decision issued by the board or <br /> office under this article . Such <br /> court shall have jurisdiction to provide such <br /> relief as may be appropriate. (emphasis <br /> added) <br /> Thus, as a prerequisite for relief under this subsection, it must <br /> be shown that a permittee or its agent has violated an "order_ -or <br /> decision" of the Division. Absent such a showing, the court Iias <br /> no basis on which to grant relief. <br /> Here, the trial court found that defendants were not in <br /> violation of any orders or decisions of the Division. The <br /> Division has not appealed this finding, and its correctness is <br /> therefore not before us. The Division challenges only the <br /> finding that it is equitably estoppel from seeking reclamation <br /> costs in the future in an amount above $3 million. <br /> 4 <br /> 60/L0*a 9££# S£:ST ZZ-10`L66T 8SS£ 998 202 '03s sAo8nosEH -iu8nIbN: WOHA <br />