The judgment of the Constitutional Court 30/2011 of 16 March 2011, partially considered the appeal of unconstitutionality 5120/2007, promoted by the Governing Council of the Junta de Extremadura against certain precepts of The Organic Law 2/2007, of March 19, of reform of the Statute of Autonomy for Andalusia, declaring the unconstitutionality and nullity of article 51, which attributed to the Autonomous Community " exclusive competences on the waters of the Basin of the Guadalquivir which passes through its territory and does not affect another Autonomous Community, without prejudice to the general planning of the hydrological cycle, the basic standards for the protection of the environment, hydraulic public works of general interest and the provisions of Article 149.1.22. of the Constitution ".

At the time, and in application of Article 51, annulled by the judgment of the Constitutional Court, as well as by the provisions of other constitutional precepts and the Statute of Autonomy for Andalusia, the Joint Committee Government-Junta de Andalucía held on 20 September 2008, adopted the Agreement on the transfer of functions and services of the State Administration to the Autonomous Community of Andalusia in the field of water resources and use corresponding to the waters of the Guadalquivir basin which are entirely covered by the territory of the Autonomous Community. In application of the provisions of the first transitional provision of the Statute of Autonomy for Andalusia, the Agreement was raised to the Government for promulgation, which was carried out through Royal Decree 1666/2008 of 17 October.

The Supreme Court, in its judgments of 13 and 14 June 2011, estimating the administrative and administrative resources numbers 1/2 0 0 9, 2/2009 and 66/2008 filed against Royal Decree 1666/2008, of 17 October, declares the nullity of the contested Royal Decree, since it used as a competitive basis Article 51 annulled by the judgment of the Constitutional Court. This royal decree is intended to articulate the various measures and resolutions necessary to comply with these judgments.

In its virtue, on the proposal of the Minister of Economy and Finance, the Minister of Territorial Policy and Public Administration and the Minister for the Environment, and the Rural and Marine Environment, and after deliberation by the Council of Ministers at their meeting on October 21, 2011

DISPONGO:

Article 1. Past personal media that are integrated into the State Administration.

1. Official and labour staff are integrated into the State Administration, as well as vacant posts transferred to the Autonomous Community of Andalusia by Royal Decree 1666/2008 of 17 October on the transfer of functions and services of the State Administration to the Autonomous Community of Andalusia in the field of water resources and water resources corresponding to the waters of the Guadalquivir basin which are entirely covered by the territory of the Community Autonomous, as set out in Annex 1.

This annex reflects the incidents that have occurred since the date of the effectiveness of Royal Decree 1666/2008 of 17 October 2008.

2. The official and labour staff, as well as the vacant posts listed in that Annex, are assigned to the Guadalquivir Hydrographic Confederation.

Article 2. Goods, rights, and obligations transferred to the State Administration.

1. Reverse the real estate and facilities transferred to the State Administration, as set out in Annex 2.

2. The administrative buildings affected by the tasks which were transferred and which are listed in Annex 3 are reviewed by the State Administration.

3. It also reverses machinery and vehicles, affected by the functions and services for the development of the functions that were transferred, according to Annex 4, as well as other material necessary for their performance.

4. The power plants and high-voltage power lines set out in Annexes 5 and 6 respectively shall be reviewed by the State Administration.

5. The General Administration of the State and the Hydrographic Confederation of the Guadalquivir are subrogated in the position held by the Autonomous Community of Andalusia in the current contracts, which are set out in Annex 7, assuming all the rights and obligations from the day of the entry into force of this royal decree. The Autonomous Community of Andalusia shall continue to be responsible for the rights and obligations, as well as for the payment of the debts generated by such contracts, before that date of entry into force.

6. It will be without effect from the date of entry into force of this royal decree, the subrogation of the Autonomous Community of Andalusia in the position it maintains in the agreement of direct management signed between the Ministry of the Environment and the State company Aguas de la Cuenca del Guadalquivir, S.A. dated 30 March 2007, for the actions taking place in Andalusia, as well as in the financing agreement of 16 July 2007. Without prejudice to this, the Autonomous Community of Andalusia shall retain the ownership of the rights and obligations arising prior to the date of entry into force of this royal decree, assuming consequently any liability that is payable by the payment of any debts corresponding to that period in relation to the actions numbers 1 (Presa La Breña), 2 (Presa del Arenoso) and 6 (Supply to Jaen).

7. It will be for the Autonomous Community of Andalusia to collect the rights paid to the date of entry into force of this royal decree, resulting from the management of the services provided by the Autonomous Community, as well as the payment of the obligations arising from such management.

Single additional disposition. Minutes of delivery and receipt and incorporation into the General Inventory of Goods and Rights of the State.

1. Within one month of the entry into force of this royal decree, the corresponding minutes of delivery and receipt shall be formalized, to which effect a detailed inventory of the buildings, installations and movable property shall be carried out. those referred to in Article 2 (1), (2), (3) and (4

.

2. The competent bodies of both administrations in the field of assets shall have the necessary coordination arrangements in order to ensure that the inventory of immovable property which is the subject of a reversal is made easier. physical identification and registration of the same in view of their incorporation into the General Inventory of Goods and Rights of the State.

Final disposition first. Measures and resolutions.

1. The competent bodies of the Ministry of Economy and Finance, the Ministry of the Environment, and the Rural and Marine Environment and the Ministry of Territorial Policy and Public Administration shall adopt the necessary measures and resolutions for the compliance with what was foreseen in this royal decree.

2. The Ministry of the Environment, and the Rural and Marine Environment will collect from the corresponding organs of the Autonomous Community of Andalusia certified copy of the files of the personnel affected by this royal decree.

Final disposition second. Entry into force.

This royal decree will enter into force on the day of its publication in the "Official State Gazette".

Given in Madrid, on October 21, 2011.

JOHN CARLOS R.

The Minister of the Presidency,

RAMON JAUREGUI STUNNED

Here are several images in the original. See the official and authentic PDF document.