At that time I had cattle on the place and intended to use the pond to water them. Since then I have signed up with the ASCS riparian initiative to improve timber stands along creeks and am using the water to water the tree seedlings during the dry spells. The riparian initiative is to improve water quality in the creeks and to prevent erosion. The Corps representative stated that the exception, once granted, would remain effective even if I quit running cattle on the place. I suspect that this new use (being environmentally friendly and government sponsored) might be even more pursuasive to the Corps. If you have these kinds of programs in your area you might try enrolling and see if that helps you.