Vt. Stat. Ann. » Title 10 Chapter 48
Vermont Statutes Annotated

Vt. Stat. Ann. tit. 10, § 1410 (2026)

✓ current as of May 2026
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Subchapter 004 : GROUNDWATER CAUSE OF ACTION

(Cite as: 10 V.S.A. § 1410)
Notes of Decisions
Cited in 15 cases (6 in the last 5 years), 2005–2024 · leading case: Windsor Sch. Dist. v. State, 2008 VT 27 (Vt. 2008).
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Windsor Sch. Dist. v. State, 2008 VT 27 (Vt. 2008). · cites it 4× “Windsor also asserts that the court erred in rejecting its claims based on the Vermont Groundwater Protection Statute, 10 V.S.A. § 1410, and common-law implied indemnity.”
Towns v. N. Sec. Ins., 2008 VT 98 (Vt. 2008). · cites it 2× “" 10 V.S.A. § 1410(a)(5). Consistent with the weight of authority, therefore, we conclude that the groundwater contamination identified in this case is not damage to property "owned" by Towns within the scope of the owned-property exclusion, and that the costs incurred to…”
In Re DJK, LLC WW & WS Permit (Ralph Crowley & Joanne Crowley, Appellants), 2024 VT 34 (Vt. 2024). · cites it 2× “See 10 V.S.A. § 1410(a)(5) (abolishing “common-law doctrine of absolute ownership of groundwater”).”
State v. Atl. Richfield Co. (Vt. Super. Ct. 2018). · cites it 4× “Groundwater Protection Act, 10 V.S.A. §1410 III. Public Nuisance IV. Private Nuisance V.”
Omya Solid Waste Facility Final Certification (Vt. Super. Ct. 2011). · cites it 2× “” Prior to the adoption of 10 V.S.A. § 1410 in 1985, the common law of groundwater in Vermont, governing the rights of neighboring property owners, remained the absolute ownership doctrine of the English common law, largely due to the state of scientific knowledge about…”
15 Bull Moose Road Wastewater Permit Appeal - Decision on Merits (Vt. Super. Ct. 2024). “” and then goes on to specifically reference 10 V.S.A. §§ 1410 and § 1390. In support of her suggestion that there have been violations of Chapter 48, Appellant asserts that “the permit and the resulting isolation zone cuts off the Rooney’s [sic] ability access or use water from…”
State v. Monsanto (Vt. Super. Ct. 2024). “Thus, the Groundwater Protection Act claim also survives the motion to dismiss.”
Sullivan v. Saint-Gobain Performance Plastics Corp. (D. Vt. 2022). “Plaintiffs also seek damages and equitable relief for the unreasonable harm to groundwater caused by Saint-Gobain in violation of the Vermont Groundwater Protection Act, 10 V.S.A. § 1410. Plaintiffs further seek injunctive relief, including a medical monitoring program to…”
Addison Cent. Sch. Dist. v. Monsanto Co. (D. Vt. 2024). “In the State Case, the State asserts nine causes of action: public nuisance (Count J); private nuisance (Count II); strict liability for defective design (Count III); strict liability for failure to warn (Count IV); trespass (Count V); negligence (Count VI); unreasonable harm to…”
Addison Cent. Sch. Dist. v. Monsanto Co. (D. Vt. 2024). “In the State Case, the State asserts nine causes of action: public nuisance (Count I); private nuisance (Count II); strict liability for defective design (Count III); strict liability for failure to warn (Count IV); trespass (Count V); negligence (Count VI); unreasonable harm to…”
Omya Solid Waste Disposal Facility (Vt. Super. Ct. 2009). “This appeal does not constitute a “cause of action” or “right of legal action” at all, in contrast to the private cause of action provided in 10 V.S.A. § 1410(c).2 Appellant has simply appealed the ANR’s interim certification decision, under 10 V.”
Hubbard Subdivision (Vt. Super. Ct. 2008). “” As the Court noted in its earlier motion decisions, this Court does not have jurisdiction over litigation of any property law or nuisance claims as among the parties regarding their wells or water supply, including any filed under the groundwater private right of action under…”
Show all 15 citing cases →
— Vt. Stat. Ann. tit. 10, § 1410(a)(5) — 4 cases
Towns v. N. Sec. Ins., 2008 VT 98 (Vt. 2008). “" 10 V.S.A. § 1410(a)(5). Consistent with the weight of authority, therefore, we conclude that the groundwater contamination identified in this case is not damage to property "owned" by Towns within the scope of the owned-property exclusion, and that the costs incurred to…”
In Re DJK, LLC WW & WS Permit (Ralph Crowley & Joanne Crowley, Appellants), 2024 VT 34 (Vt. 2024). “See 10 V.S.A. § 1410(a)(5) (abolishing “common-law doctrine of absolute ownership of groundwater”).”
State v. Atl. Richfield Co. (Vt. Super. Ct. 2018). “Groundwater Protection Act, 10 V.S.A. §1410 III. Public Nuisance IV. Private Nuisance V.”
Appeal of Parker (Vt. Super. Ct. 2005).
— Vt. Stat. Ann. tit. 10, § 1410(c) — 3 cases
Windsor Sch. Dist. v. State, 2008 VT 27 (Vt. 2008). “Windsor also asserts that the court erred in rejecting its claims based on the Vermont Groundwater Protection Statute, 10 V.S.A. § 1410, and common-law implied indemnity.”
State v. Monsanto (Vt. Super. Ct. 2024). “Thus, the Groundwater Protection Act claim also survives the motion to dismiss.”
Omya Solid Waste Disposal Facility (Vt. Super. Ct. 2009). “This appeal does not constitute a “cause of action” or “right of legal action” at all, in contrast to the private cause of action provided in 10 V.S.A. § 1410(c).2 Appellant has simply appealed the ANR’s interim certification decision, under 10 V.”
— Vt. Stat. Ann. tit. 10, § 1410(f) — 1 case
State v. Atl. Richfield Co. (Vt. Super. Ct. 2018). “Groundwater Protection Act, 10 V.S.A. §1410 III. Public Nuisance IV. Private Nuisance V.”
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