I agree, there shouldn't be a problem with building a pond that would be man filled or replenished naturally with rain. The man in the story I posted had obtained a state permit, but the federal government didn't feel that was good enough. I've seen mention of other cases where it didn't seem there was any existing running water incorporated into or affected by the ponds that the EPA has taken issue with, but I don't have links. Not much surprises me these days.